about notary
O. Mahalakshmi
(Querist) 22 July 2009
This query is : Resolved
How can a Lawyer become the notary qualification. Is there need of experience or Tests to become a Notary.
Sankaranarayanan
(Expert) 22 July 2009
yes obsulitaly, minimum he shoud be serviced 10 years
A V Vishal
(Expert) 22 July 2009
Qualifications for appointment as a notary
No person shall be eligible for appointment as a notary unless on the date of the application for such appointment-
(a)a person had been practicing at least for ten years, or
(aa)a person belonging to Scheduled Caste/Scheduled Tribes and other backward classes had been practicing at least for seven years, or
(ab)a woman who had been practicing at least for seven years, as a legal practitioner, or
(b)he had been a member of the Indian Legal Services under the Central Government, or
(c)he had been at least for ten years,-
(i)a member of Judicial Service; or
(ii)held an office under the Central Government or a State Government requiring special knowledge of law after enrolment as an advocate; or
(iii)held an office in the department of Judge Advocate General or in the legal department of the armed forces.)
The application is uploaded in the share files section as Notary application form.
Further, the Notaries Act is amended recently, the candidate also needs to attend an interview to be appointed as Notary Public.
Kiran Kumar
(Expert) 22 July 2009
in India we have got Notaries Act, u can refer to that as well.
Y V Vishweshwar Rao
(Expert) 22 July 2009
I think , it is fixed number of Notaries in a State/local area , as Notified from time to time.
ad. creaminall
(Expert) 23 July 2009
from the notary act you will get all the details and format of application forms
M. PIRAVI PERUMAL
(Expert) 24 July 2009
A NOTARY is a member of the public who is appointed by the Central/State Government on the recommendation of courts under the provisions of the Notaries Act LII of 1952.
According to the Oxford Dictionary, a notary — known also as notary public — means a person with the authority to draw up deeds and perform legal formalities.
The Central Government appoints notaries for the whole or any part of the country. And State Governments, too, appoint notaries for the whole or any part of the States.
Who can be a notary?
On an application being made, any person who had been practising as an advocate for at least 10 years is eligible to be appointed a notary. A period of seven years of practice is required if the applicant belongs to Schedule Caste/Schedule Tribe or other backward classes. For woman applicants, too, the minimum years of practice as lawyer is seven.
The applicant, if not a legal practitioner, should be a member of the Indian Legal Service or have held an office under the Central or State Government, requiring special knowledge of law, after enrolment as an advocate or held an office in the department of Judge, Advocate-General or in the armed forces.
Persons seeking appointment as notary should submit an application in the form of a memorial, as prescribed in the rules, to the competent authority of the appropriate government.
The competent authority, after holding such inquiry as it thinks fit and after giving the applicant an opportunity to make representation against objections (if received), will make a report to the Central or State Government. The application may either be allowed for the whole or any part of the area to which the application relates, or it may be rejected.
Basis for appointment
The competent authority, while making the recommendation for appointment as notary, has to consider the following aspects:
# Whether the applicant ordinarily resides in the area in which he proposes to practice as a notary;
# Considering the commercial importance of the area in which the applicant proposes to practice, the authority should take into consideration the existing number of notaries in the area in question and whether additional notaries will be required;
# Should consider the fitness of the applicant as to his knowledge and experience of commercial law and, in case of a legal practitioner, his extent of practice, and so on;
# Whether the applicant belongs to a firm of legal practitioners and, having regard to the number of existing notaries in that firm, whether it is proper and necessary to appoint any additional notary from that firm;
# Where applications from other applicants in respect of the area are pending, whether they are more suitable than the applicant in question. On receipt of the report from the competent authority, the Government shall consider the report and allow the application in respect of the whole or part of the area, or reject the same.
If the application is allowed, the applicant becomes a notary and a certificate of practice will be issued to him and gazetted in the State or Central Gazette. His name will be entered in the Register of Notaries maintained by the Government
Certificate a must: The certificate will specify the period of practice. Previously it was three years and it is renewable on payment of requisite fee for renewal. Now the certificate is issued for five years. The fee for issue of first certificate of practice (first appointment as notary) is Rs 1,000 as per the amended rules and for renewal it is Rs 500.
A notary public in possession of certificate of practice in a particular area may apply for extension of his area of practice. An application should be made to the State/Central Government as the case may be. The Government, after considering the reasons set out in the application and other relevant factors, may pass an order extending the area of practice. The fees for extension of area of practice is Rs 750.
E
