notary

A notary is appointed by the Central or a State Government under the Notaries Act, 1952 from among advocates and other qualified persons. His functions include verifying, authenticating and certifying the execution of instruments, administering oaths and taking affidavits, presenting bills of exchange for acceptance or payment and noting or protesting their dishonour, translating documents, and preparing documents for use abroad.

A notary authenticates the signature and identity of the executant; he does not certify that the contents are true or that the document is legally valid. Notarisation is not registration and does not dispense with registration where the Registration Act requires it.

Example

The affidavit was sworn before a notary, who verified the deponent's identity and affixed his seal.

In Indian law

• Section 8, Notaries Act, 1952 (functions of notaries)

See also

oath · affidavit · attestation · registration

Read more in the study notes

• Dishonour, noting and protest, acceptance for honour, material alteration, special rules of evidence and bills in sets (Banking Law)
• Proof of documents, public and private documents, presumptions as to documents, and exclusion of oral by documentary evidence (sections 64 to 103) (Bharatiya Sakshya Adhiniyam)
• Interlocutory applications and affidavits (Drafting, Pleading and Conveyance)
• Power of attorney and will (Drafting, Pleading and Conveyance)
• International trade mark instruments: Paris, TRIPS, the TLT, Nice, and the roles of WIPO and the WTO (Law of Trademarks)
• Diplomatic envoys and consuls: classes, functions, privileges and immunities (Public International Law)