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Notaries Public Act, 2023

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NOTARIES PUBLIC ACT, 2023

An Act to repeal the Notaries Public Act, Cap. N141, Laws of the Federation of Nigeria, 2004 and enact the Notaries Public Act, 2023 to make comprehensive provisions for the appointment, regulation, functions and duties of Notaries Public in Nigeria; and for related matters.

ENACTED by the National Assembly of the Federal Republic of Nigeria

Appointment of Notaries.

1.

The Chief Justice of Nigeria may appoint any fit and proper person being a legal practitioner to be a Notary Public for Nigeria (in this Act referred to as “a Notary Public”).

Duties and functions of Notary Public.

2.

A Notary Public shall -

(a) witness the execution of local and international documents such as (i) sale and purchase agreements, (ii) transfers of land agreements, (iii) assignments of intellectual property, (iv) power of attorney, (v) deeds, (vi) security documentation, (vii) mortgages, (viii) company resolutions, (ix) minutes of meetings, and (x) reports;
(b) prepare notarial certificate of law and good standing;
(c) administer oaths for giving evidence;
(d) take affidavits, declarations and depositions;
(e) notarise bills of exchange;
(f) obtain authentication from Ministry responsible for foreign affairs;
(g) note or certify transactions relating to bills of exchange and other negotiable instruments;
(h) verify company documents;
(i) verify identity and signature; and
(j) perform digital notarisation through electronic means.

Oath of office.

3.

A Notary Public, before being admitted and commencing the duties of his office shall take and subscribe to the oath as set out in the First Schedule to this Act before the Chief Justice of Nigeria or before such persons as may be appointed by the Chief Justice of Nigeria.

Register of Notaries Public.

4.

(1) The Chief Registrar of the Supreme Court shall keep a register, both in physical and electronic form in which he shall enter the name, address, phone number and email address of every person who shall be appointed to the office of the Notary Public and the date of his appointment and admission.
(2) Every person appointed by the Chief Justice of Nigeria as a Notary Public and whose name is entered in the register shall be entitled to a certificate to the effect that he has been registered as a Notary Public for Nigeria.

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