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Q.

Can a Lawyer be a Notary?

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Yes, a lawyer can become a Notary Public, but it’s not automatic just because they are a lawyer. A lawyer must meet specific eligibility criteria and be officially appointed as a notary by the government before they can act in that role.

Under India’s Notaries Act, 1952, the central or state government may appoint a person qualified to be a notary. One major path to eligibility is being a practising lawyer with substantial experience. I have shared the eligibility criteria below.

Eligibility Criteria for a Lawyer to Become a Notary

To be appointed as a Notary Public in India, a lawyer must generally satisfy these conditions:

  1. Enrolled as an advocate and actively practising law.

  2. Possess a current legal practice licence (registered with the Bar Council of India).

  3. The minimum years of practice are typically 10 years as a legal practitioner or 7 years if the applicant is a woman or belongs to SC/ST/OBC categories.

  4. Supported by a recommendation from a competent authority, such as a District Judge or Magistrate.

Only after satisfying these requirements and going through the formal appointment process can a lawyer be commissioned as a notary. Until then, a lawyer cannot perform notarial acts such as witnessing signatures or attesting documents in the capacity of a Notary Public.

How Lawyers Become Notary Publics?

  1. Submit a notary application and the necessary documentation to the relevant legal department. 

  2. Authorities may interview the attorney, check their background, and confirm their experience. 

  3. The attorney's name appears in the official gazette if it is accepted. 

  4. Following an appointment, the attorney is required to keep a notarial record and do attestation work using an authorised seal.

Lawyers are well-suited to be notaries because their legal training helps them understand complex documents and the legal consequences of notarization. Yet, not every lawyer is a notary. They must apply and be appointed. I hope this answers your query about can a lawyer be a notary.

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