Notary Public Act 2063 Nepal: Everything Explained

The Notary Public Act, 2063 (2006) is the primary legislation governing the appointment, licensing, functions, and conduct of Notary Publics in Nepal. Enacted by the Parliament of Nepal, this Act establishes the Notary Public Council of Nepal, sets qualifications for notary appointment, defines the legal functions a notary may perform, and specifies penalties for unauthorized notarial practice. Understanding this Act helps you know why a registered Notary Public’s seal carries legal weight — and why documents notarized by unauthorized persons are rejected by embassies and MoFA. This guide explains the key provisions of the Notary Public Act 2063 in accessible language.

Overview of Notary Public Act 2063

Before the Notary Public Act 2063 came into force, notarial services in Nepal were regulated under the Public Documents Act 2033. The 2063 Act replaced this framework with a more modern and comprehensive statute. The Act is administered by the Ministry of Law, Justice and Parliamentary Affairs of Nepal.

The Act’s objectives are to:

• Establish a formal licensing and oversight system for Notary Publics in Nepal
• Define the legal authority and functions of notaries
• Create the Notary Public Council as the regulatory body
• Protect the public from unauthorized and fraudulent notarial practice
• Give notarized documents legal standing domestically and internationally

Key Provisions of the Notary Public Act 2063

Section 1: Short Title and Commencement

The Act is titled “Notary Public Act, 2063 (2006)” and came into effect after its publication in the Nepal Gazette. It applies throughout Nepal.

Section 3: Notary Public Council

The Act establishes the Notary Public Council of Nepal as the central regulatory body. The Council is responsible for: licensing and registering notaries, setting standards of practice, maintaining a public register of licensed notaries, taking disciplinary action against notaries who violate the Act, and advising the Government of Nepal on notarial matters.

Section 5: Qualifications for Notary Appointment

To be appointed as a Notary Public under the Act, a person must:

• Be a citizen of Nepal
• Hold a law degree (Bachelor of Laws or equivalent) from a recognized institution
• Have experience in legal practice as specified by the Council
• Be of good moral character and not have any criminal conviction
• Pass the notary examination conducted by the Council
• Pay the registration fee set by the Council

Section 7: Functions of a Notary Public

The Act authorizes a licensed Notary Public to perform the following functions:

• Attest and certify documents presented to them
• Certify true copies of original documents
• Administer oaths and affirmations
• Witness signatures on legal instruments
• Certify translations of documents
• Execute notarial certificates

Section 9: Notarial Register

Every licensed Notary Public is required to maintain a register of all notarial acts performed, recording the date, parties involved, nature of the document, and the notary’s certification. This register is available for inspection by the Notary Public Council and is an important legal record.

The Notary Public Council of Nepal

The Notary Public Council is the regulatory body created by the Act to oversee all notarial practice in Nepal. The Council:

• Maintains the official register of all licensed Notary Publics in Nepal
• Conducts licensing examinations and issues notary licenses
• Sets professional standards and conduct rules for notaries
• Investigates complaints against notaries
• Has the authority to suspend or revoke notary licenses for misconduct or violation of the Act
• Issues guidance on notarial practice

How Notaries Are Appointed and Licensed Under the Act

The licensing process under the Notary Public Act 2063 involves:

1. Application: The applicant submits an application to the Notary Public Council with proof of law degree, legal experience, and other qualifications
2. Examination: The Council conducts an examination testing legal knowledge and notarial practice
3. Background check: The Council reviews the applicant’s character and any criminal record
4. License issuance: On passing, the Council issues the notary license and registers the notary in the official register
5. Renewal: Licenses must be renewed periodically as specified by the Council

Functions and Powers of a Notary Under the Act

Under the Notary Public Act 2063, a registered Notary Public in Nepal has the legal authority to perform acts that carry official government recognition. This means:

• Documents notarized under this Act are accepted by the Ministry of Foreign Affairs (MoFA) for attestation — MoFA cannot attest documents that have not first been notarized by a registered notary
• Notarized documents are accepted as authentic by foreign embassies in Nepal for visa and work permit applications
• Notarized affidavits and agreements carry legal evidentiary weight in Nepali courts
• Certified translations with a notary seal are accepted by foreign immigration authorities as accurate and authentic translations of Nepali documents

Penalties for Violations Under the Notary Public Act 2063

The Act includes penalties for unauthorized notarial practice and other violations:

• Practicing without a license: A person who performs notarial functions without a valid license can be subject to legal action under the Act and general criminal law provisions on fraud and misrepresentation
• Notary misconduct: A licensed notary who violates the Act’s provisions — including maintaining false records, notarizing documents without proper identification of parties, or other misconduct — can face suspension or revocation of license by the Notary Public Council
• Document fraud: Using a forged notary seal or falsely claiming notarization is a criminal offense under the Act and under Nepal’s general criminal code

Frequently Asked Questions

Is Nepal part of the Hague Apostille Convention?

As of 2026, Nepal is not a member of the Hague Apostille Convention (Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents). This means Nepali documents cannot be authenticated with an Apostille stamp — instead, they go through the notarization → MoFA attestation → embassy attestation chain. Accession to the Hague Convention has been discussed but not yet formalized.

Where can I find the official text of the Notary Public Act 2063?

The full text of the Notary Public Act 2063 is available from the Ministry of Law, Justice and Parliamentary Affairs of Nepal. You can visit the MOLJPA official website or contact their office at Singhdurbar, Kathmandu, to obtain the official Nepali-language text. An authorized English translation is available through legal reference services.

Can a foreign country’s embassy reject a document notarized in Nepal?

A foreign embassy can reject a notarized document if the notary’s credentials cannot be verified or if the document does not meet the embassy’s specific requirements. This is rare for documents properly notarized by a registered Nepali Notary Public and subsequently attested by MoFA. To minimize rejection risk, ensure your notary is registered with the Notary Public Council and follow the full notarization → MoFA → embassy attestation chain as required.

Does the Notary Public Act 2063 cover electronic notarization?

The Notary Public Act 2063 was enacted in 2006 and primarily addresses traditional (paper-based) notarial practice. Electronic notarization is not formally recognized under the current framework in Nepal. All notarizations accepted by MoFA and foreign embassies in Nepal are paper-based with physical seals and signatures.