Notarization of Documents (Affidavit) in Nepal: A Legal Guide

An affidavit is a formal legal document containing a written statement confirmed by an oath or affirmation. In Nepal, affidavits must be notarized to be admissible in court. The individual signing the affidavit must affirm that the information is accurate, voluntary, and can serve as evidence. The Notary Public Act, 2063, and the Notary Public Rules, 2063, govern the notarization process.

1.1. What is an affidavit?

Affidavits, also known as sworn statements, are required in court proceedings in Nepal. It is a formal legal document consisting of a written statement confirmed by an oath or affirmation.

In the context of Nepalese law, an affidavit is required to be notarized to obtain permissibility in court proceedings. The individual signing the affidavit must swear that the fact they insisted upon the court is accurate, voluntary, and can be permitted as evidence.

1.2. Is it legally required by Nepalese law to notarize affidavits?

Yes, in order for the sworn statements of the affiant to be admitted as evidence in a court of law, they must be notarized by a notary public along with witnesses. The notary public signs the document attesting to the appropriate administration of the oath or affirmation after the individual attests that the information they attested to is accurate to the best of their knowledge.

1.3. What are the laws governing notarization in Nepal?

The Notary Public Act, 2063, established the legal provisions for practicing as a notary public, including requirements for the certification of documents and the translation of foreign documents. Section 27 has laid down the procedure for applying for a document to be certified by the Notary Public.

Notary Public Rules, 2063, have established the procedure for document certification, the procedure for translating paper, the procedure for verification, and the admissible fees.

1.4. Who is permitted to notarize documents in Nepal?

Individuals desiring to practice as notaries are required to pass the examination relating to the notaries conducted by the council itself or those caused to be conducted by the council. The qualifications for appearing in the exam are:

(a) A law practitioner who has continuously practiced law for a period of seven years.

(b) A person who has retired from at least a Gazetted class two officer of the Nepal judicial service

The following individuals are disqualified to be notaries:

(a) A person who has not passed the examination

(b) A person who is not qualified

(c) A person who has been punished as an offender by the court of law in the cases of murder, theft, dacoit, fraud, fraudulence, corruption, rape, consumption and trafficking of narcotic drugs, trafficking in person, or a serious offence of similar nature.

(d) Person having no good character.

(e) Non-Nepali citizen

(f) person having been declared insolvent.

(g) Person not having a normal mental condition.

1.5. What is the Procedure to notarize an affidavit or other documents in Nepal?

Step 1: Submission of the Application to the Notary Public

Any individual desiring to obtain a notarized affidavit must submit an application to the Notary Public requesting to do so along with the documents mentioned below.

Step 2: Registration of the Application

After the submission of the application, the notary public registers the received application in the document certification register.

Step 3: Communication and Reading of the Document

The Notary Public reads out the document’s statement to the applicant and ensures the applicant understands it. The applicant then signs the document, and a memo is prepared and kept on file.

Step 4: Verification and Signature by the Witness

Two witnesses are required to verify the affidavit and its notarization. The Notary Public guarantees that the applicant’s witness signs the document to be certified, on the memo prepared, or on a separate paper.

Step 5: Administration of Oath

If the document is to be submitted to a court or office, or if it is an affidavit, the Notary Public administers an oath to the applicant.

Step 6: Certification and Sealing of the Notarized Document

After administering the oath, the notary public signs and seals the document, including the statement.

Step 7: Final Verification of the Document.

The notary public writes the name and surname as per the certificate while certifying. If the document pertains to immovable property transactions, additional verifications are required to confirm the property’s ownership status and ensure it is not leased or frozen.

The document’s certification number is recorded as per the register-book serial number. Multiple copies are certified if necessary, with a minimum of two copies certified for non-immovable property documents.

1.6. What are the documents to be submitted to obtain notarization?

An interested party must submit an application to the notary public along with the following documents:

  1. A copy of the citizenship certificate or passport.
  2. If unavailable, an identity card with a recent photograph, signature, address, age, surname, and name, or a letter with a photograph and details certified by the Village Development Committee or municipal ward office, or an acceptable identity card. For foreigners, a certified identity document from the concerned embassy.
  3. Relationship verification paper, if necessary.
  4. If acting as an agent, a power of attorney or letter of authority, and two copies of the documents to be certified.

1.7. How long does it take to conduct notarization?

In conditions where the application is properly submitted, the witnesses are present, and the procedure is followed correctly, notarization of documents takes very little time—usually less than one day.

1.8. How do I find a lawyer or law firm for notarization in Nepal?

In Nepal, seasoned attorneys and law firms provide notarization services. Imperial Law Associates, the leading full-service law firm in Nepal, can assist individuals requiring notarization of their documents, including affidavits, when required.

Conclusion

The procedure for notarizing an affidavit in Nepal entails submitting an application to a notary public, as well as registration, document transmission, witness verification, oath administration, and official certification. The notarization procedure in Nepal is governed by the Notary Public Act and the Notary Public Rules, 2063.

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