- https://legalaffairs.gov.in/sites/default/files/notaries-act-1952.pdf
- https://legaldesk.com/general/who-is-a-notary-public
- https://legalaffairs.gov.in/sites/default/files/notaries-rules-1956.pdf
- https://services.india.gov.in/service/detail/notary-online-application-department-of-legal-affairs-1
- https://sansad.in/getFile/loksabhaquestions/annex/11/AU3249.pdf
Summary
A notary commission is the official authorization granted by a competent government authority that allows an individual to act as a notary public. It confirms the notary’s legal power to perform acts such as attesting documents, administering oaths and verifying signatures. The commission is issued for a fixed term, after which it must be renewed to remain valid. In India, notaries are appointed under the Notaries Act, 1952, while in countries like the United States, commissions are issued by state governments. Without an active notary commission, a person cannot legally perform notarization.
A notary commission is an official authorization granted by the government to an individual with the legal power to perform notarization. It is valid for a fixed tenure, typically five years, and is explicitly mentioned on the notary’s seal and certificate of practice. This commission transforms a legal practitioner into a public officer authorized to verify the authenticity of legal instruments. Essentially, the commission is a license to practice as a public witness. Knowing how to verify notary credentials is essential for ensuring your documents are handled by a commissioned official.
Who Issues a Notary Commission in India?
In India, the notary public commission is issued by either the Central Government (Ministry of Law and Justice) or the respective State Governments under the Notaries Act, 1952. The "appropriate government" depends on whether the applicant intends to practice across India or within a specific state’s jurisdiction. [1]
What Does a Notary Commission Allow a Notary to Do?
Understanding the duties of a notary public is important for anyone seeking legal documentation. [2]
The primary functions include:
- Attest affidavits and declarations: Ensuring statements made under oath are legally binding.
- Administer oaths and affirmations: Providing the legal framework for individuals to swear to the truth of their statements.
- Authenticate signatures: Confirming that the signature on a deed, contract, or power of attorney is genuine.
- Certify copies of documents: Verifying that a photocopy is a true and accurate representation of the original.
- Perform notarial acts recognized by law: This includes preparing protests for bills of exchange and other commercial instruments.
Eligibility Criteria to Obtain a Notary Commission
If you are wondering who can be a notary, the criteria generally include: [3]
- Indian Citizenship: Only citizens of India are eligible for this public office.
- Legal Qualification: A law degree (LLB) is mandatory.
- Professional Experience: Generally, an advocate must have practiced law for at least 10 years. For members of Scheduled Castes, Scheduled Tribes, Other Backward Classes, and women, this requirement is often reduced to 7 years.
- Moral Character: The applicant must have a clean professional record and a reputation for integrity.
- No Criminal Convictions: Any history of moral turpitude or criminal behavior results in immediate disqualification.
How to Apply for a Notary Commission in India?
The process to get a notary commission is now primarily conducted through digital portals to ensure transparency and efficiency. [4]
Step 1: Check Eligibility
The first step is to ensure you meet the minimum years of practice. This is calculated from the date of enrollment with the Bar Council.
Step 2: Submit Application
Applicants must submit a "Memorial" in the prescribed format. This involves providing detailed information about their practice, office location, and references from local judicial officers or prominent citizens.
Step 3: Verification & Examination
The competent authority, often a judicial officer or a designated government official, conducts a background check. They verify the information provided and may conduct an interview to assess the applicant's suitability.
Step 4: Issuance of Commission Certificate
If the government is satisfied, the name is entered into the Register of Notaries. An appointment notification is published in the Official Gazette, and the Certificate of Practice is issued upon payment of the prescribed fees.
Validity and Renewal of a Notary Commission
Maintaining notary commission validity is important for a notary to continue their practice without legal interruptions. Unlike a permanent license, this authority is time-bound to ensure periodic review of the official's conduct. [5]
- Fixed Tenure: The commission is initially granted for five years.
- Renew Notary Commission: To continue practising, the notary must apply for renewal. This application should ideally be submitted six months before the current certificate expires.
- Compliance: Renewal is not automatic; it is subject to the notary's adherence to the Notaries Rules and the absence of any complaints or misconduct during their tenure.
Consequences of Using an Uncommissioned Notary
It is important to understand what is notary attestation is to ensure your paperwork is processed by a licensed professional.
The risks include:
- Document Rejection: Government bodies, banks, and foreign embassies will refuse to accept documents stamped by an unauthorized individual.
- Legal Invalidity: In litigation, a document with an invalid seal has no evidentiary value, which could cause you to lose a court case.
- Possible Penalties: Both the person posing as a notary and, in some cases, the party presenting the document can face legal scrutiny.
- Risk of Fraud: Uncommissioned individuals are not bound by government regulations, significantly increasing the risk of identity theft and document tampering.
The Importance of Notary Location and Accessibility
While the legal definition of what is a notary commission remains constant, the practical application often depends on accessibility. Many people struggle to find a commissioned official during emergencies. This is where modern solutions come into play. While many ask what states allow online notary, the reality in India still leans heavily on physical verification. However, the convenience of finding a mobile notary has made the process much more user-friendly for senior citizens or those with mobility issues.
Detailed Breakdown of Notarial Acts
A commissioned notary is more than just a person with a stamp. They perform high-stakes tasks such as:
- Verifying Identity: They must check government-issued IDs to ensure the person signing is the person named in the document.
- Confirming Competence: The notary must ensure the signer is of sound mind and understands the implications of the document they are signing.
- Preventing Duress: They observe the signing environment to ensure no one is being forced into an agreement against their will.
How NoBroker Can Help with Notary Services?
NoBroker simplifies document verification by connecting you with professionals holding a valid notary public commission. Our platform ensures that your affidavits, rental agreements, and declarations are handled by authorized experts. Whether you are looking for assistance with property documentation or personal legal deeds, NoBroker provides a bridge to commissioned professionals.
Frequently Asked Questions
Can a notary commission be cancelled or suspended?
Yes, the government has the power to cancel a commission if a notary is found guilty of professional misconduct, becomes insolvent, or is convicted of a crime. Failure to renew the certificate also leads to the automatic termination of the authority to practice.
Is a notary commission valid across all Indian states?
If the commission is issued by the Central Government, the notary may be authorized to practice throughout India. However, State Government appointments are strictly limited to the state or specific local area mentioned in the certificate.
Can advocates practise without a notary commission?
While all notaries are generally advocates, not all advocates are notaries. An advocate can represent you in court, but they cannot perform specific notarial acts like certifying "True Copies" or attesting affidavits unless they hold a valid commission.
What happens if a document is notarised after the commission expiry?
The notarization becomes legally "void ab initio" (invalid from the beginning). Such documents are likely to be rejected by administrative authorities and can be challenged in court, often requiring the entire process to be repeated with a commissioned official.
Is online notarisation allowed under a notary commission in India?
Currently, the Notaries Act, 1952, requires the physical presence of the signatory before the notary. While the application to become a notary is digital, the act of notarization remains a physical process involving a wet-ink signature and an embossed seal.