How To Become a Notary in India
Notary who is also known as Notary Public is a person who is a legal practitioner and who has licensed from the Government of India to help the public with legal documents relating to property, deeds, power of attorney or any business documents. They are the experienced advocates or public figures. The court recommends the state or central government for their appointment under the provisions of the Notaries act to validate the legal procedures.
- To become a Notary the person need not have to have any specific legal training.
- He could get the position if he is a licensed advocate, or a member of an Indian legal service or a public figure.
- To become an advocate, a person should have either 5 years or 3 years bachelor's degree (LLB) in Law.
- He must be a Graduate in any stream for 3 years LLB program.
- Most institutes or universities conduct an entrance test that is Common Law Admission Test (CLAT)for getting admission to law colleges.
- After completing LLB, one can register themselves as an advocate in any of the State Bar Council.
- Appropriate experience and practice is required to apply for the Notary license.
- Notary Public or Notary works in different locations such as courthouses, courtrooms and law offices.
- The Government specifies the area where they can practice.
- They can do their work like authentication of the legal documents; administer the oaths and affidavits from that area only.
- Cyber notaries are also available who does their notary job in the cyberspace.
To be a Notary, the person needs to have few skills. They are as follows:
- He should have self-confidence, responsibility, discipline, give attention to all detailed work
- A truthful person
- Should be neutral in his work
- Should have good analytical skills
- Should have good written and communication skills
- Should have organizational skills
- They should have leadership skills as they act as a mediator
- The person must be hardworking, honest in his work
- He should have good knowledge of the law
- As already mentioned, to become a Notary the person need not have to have any specific legal training. He could get the position if he is a licensed advocate, or a member of an Indian legal service or a public figure.
- For that he must have a legal degree from any recognized University or Institution. If a person is interested to study Law through Online or Distance Learning then there are few institutes who offer the same. Among them Symbiosis Center for Distance Learning is the main.
- There are many opportunities for a Notary. They can work as a freelancer like; they can open their own office and give notary services to people who need them.
- A Notary can partner with any company and give his service to them.
- The services of Notaries are always in demand. They are being commissioned and it enhances one’s prospects on the job market especially in the fields like law, real estate, health care and banking.
Following criteria are required for a person eligible for the post of Notary. They are:
- A person should have 10 years of experience as a practicing advocate. (7 years for Schedule Caste/Schedule Tribe or any other backward classes and women candidates)
If a person is not a legal practitioner, then he should:
- Be a member of the Indian Legal Service
- Must be a member of Judicial Service for a period of 10 years
- Must have held an office under the Central or State Government which requires knowledge of law or
- Must have held an office in the department of Judge, Advocate-General or in the armed forces
To get a Notary license, the person has to submit an application to the District Judge or the Presiding Officer of the Court or Tribunal where he practices as an Advocate of that Government. If the application is accepted the person becomes a Notary.
The major work that Notaries are mainly involved in are as follows:
- For execution of any document they verify, certify or attest the documents
- They present promissory note or bill of exchange for payment or acceptance
- They can protest the dishonor by non-acceptance or non-payment of any promissory note or bill of exchange
- They can protest notes and bills of exchange
- They prepare marine or ships protests in cases of damage
- They administer oath or prepare affidavits for any person
- They prepare mercantile documents like bonds and charted parties
- They can prepare, attest or authenticate any document which are intended to effect in any country in such form and language which are conform to the law of that place and where such deed is required
- They can translate and verify any documents from one language to another
- Any Court of Law or authority can direct the Notary to act as a Commissioner to record the evidence in any civil or criminal trial
- As required they can act as an arbitrator, mediator or conciliator
- The salary of a Notary depends upon the work he does. The charges are fixed by the authority for each of the work a Notary does. So, every Notary charges a certain fees for his documentation work which are mentioned in Notaries Act.
- It should be a nominal fee, and in addition to the fees, a Notary may charge a travelling allowance. It is mandatory that every Notary should show the fee structure for any Notarial work inside or outside his chamber or office.
- Every Notary maintains a register to enter the fees charged by him and he also gives receipt for the fees charged by him.