Notaries Public Act


Published: 1972-08-01

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Notaries Public Act
NOTARIES PUBLIC [CH.57 – 1


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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

NOTARIES PUBLIC


CHAPTER 57

NOTARIES PUBLIC
LIST OF AUTHORISED PAGES
1 - 2 LRO 1/2006
3 - 6 Original
7 - 8 LRO 1/2006


ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Qualifications for licensing as notary public.
4. Certain public officers to be ex officio notaries public.
5. Procedure for licensing of notaries public.
6. Duration of licences.
7. The roll of notaries public.
8. Notaries public to take oath and to be enrolled.
9. Discipline of notaries public.
10. Notary public to provide himself with notarial seal.
11. Penalty for unlawfully practising as a notary public.
12. Power to amend Schedules.

FIRST SCHEDULE
SECOND SCHEDULE.
THIRD SCHEDUL.E — Oath to be taken by a Notary Public.




NOTARIES PUBLIC [CH.57 – 3


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 57

NOTARIES PUBLIC

An Act relating to Notaries Public.

[Assent 3rd June, 1971]
[Commencement 1st August, 1972]

1. This Act may be cited as the Notaries Public
Act.

2. (1) In this Act, unless the context otherwise
requires, the expression —

“functions” includes powers and duties;
“licence” means a licence as a notary public under

section 5, and grammatical variations of that
expression shall be construed accordingly;

“Minister” means the Minister responsible for
notaries public.

(2) Unless the contrary intention appears, references
in this Act to a section are references to a section of this
Act, and references in a section to a subsection are
references to a subsection of that section.

3. Subject to the provisions of this Act, any of the
following persons may be licensed as a notary public —

(a) any counsel and attorney of the Supreme Court;
(b) any person who immediately before the

commencement of this Act was the holder of a
licence as a notary public under section 3 of the
Notaries Public Act (now repealed).

4. Any person holding or acting in a public office
specified in the First Schedule shall be ex officio a notary
public for The Bahamas and shall be entitled to exercise
generally within The Bahamas all the functions of a notary
public licensed under this Act:

9 of 1971
5 of 1972
S.I. 141/1972
3 of 1974
S.I. 43/1975
S.I. 9/1990
S.I. 105/1991
26 of 1993
S.I. 64/1996

Short title.
Interpretation.

Qualifications for
licensing as
notary public.

14 of 1938.

Certain public
officers to be ex
officio notaries
public.
First Schedule.

CH.57 – 4] NOTARIES PUBLIC





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Provided that all fees taken by such persons in the
exercise of such functions shall be paid by them into the
Consolidated Fund.

5. (1) Any person desiring to be licensed under this
Act shall make application for the purpose to the Minister
in such form accompanied by such information as the
Minister may require.

(2) The Minister may, upon payment of the fee
prescribed in the Second Schedule, grant to any person
qualified in accordance with section 3 and making
application as mentioned in subsection (1), a licence
authorising such person to exercise either generally within
The Bahamas, or within any Out Island district specified in
the licence, the functions exercised by notaries public in
The Bahamas immediately before the commencement of
this Act.

6. (1) Every licence shall take effect on the date
specified in the licence as the date on which it is to take
effect and shall expire on the 31st day of December next
following that date, unless renewed.

(2) Every licence may, if the Minister approves, be
renewed by endorsement thereon, upon the application of
the holder thereof and on payment of the fee prescribed in
the Second Schedule.

(3) Where a licence has been lost, destroyed or
mutilated, it may be replaced by the Minister by the issue
of a copy thereof upon the application of the person
entitled thereto and on the payment of the fee prescribed in
the Second Schedule.

7. (1) It shall be the duty of the Permanent
Secretary to the Minister to keep, and to amend from time
to time as circumstances require, an alphabetical roll or
book of all notaries public licensed under this Act, which
roll or book shall be called the roll of notaries public, and
to enter therein the names and particulars of every such
notary public.

Procedure for
licensing of
notaries public.

Second Schedule.

Duration of li-
cences.

Second Schedule.

Second Schedule.

The roll of
notaries public.
5 of 1972, s. 2.

NOTARIES PUBLIC [CH.57 – 5


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) Where the signature or seal of a notary public
appears or is impressed upon any document issued by him
in the exercise of the functions of a notary public, the
Permanent Secretary may, on payment of the fee
prescribed in the Second Schedule, authenticate or legalise
the signature or seal:

Provided that no fee is payable in respect of the
authentication or legalisation of a signature or seal
appearing or impressed upon a document connected with
or relating to the Crown or a department of the public
service of The Bahamas and issued by a person who is, by
virtue of the provisions of section 4, a notary public.

(3) In the performance of his functions under this
section and under section 8 the Permanent Secretary shall
be assisted by such other public officer or officers as the
Minister may from time to time in writing designate for the
purpose.

8. Before practising as a notary public or
performing any notarial act every person licensed as a
notary public shall take and subscribe an oath in the form
set out in the Third Schedule before the Permanent
Secretary to the Minister or an officer designated pursuant
to subsection (2) of section 7, who shall thereupon cause
the name of such person to be enrolled in the roll of
notaries public.

9. (1) No person duly licensed under this Act shall
be deprived of his licence or suspended from the
performance of any act whatsoever appertaining or
belonging to his office unless he is found guilty of some
crime, gross misconduct, negligence or unskilfulness by a
judge of the Supreme Court, who shall be competent, upon
a complaint made by any person appearing to him to have a
sufficient interest, to hear and determine such complaint in
a summary manner and to exercise in relation to such
complaint the powers mentioned in subsection (2).

(2) Where any person is found guilty upon a
complaint made pursuant to subsection (1) the judge
hearing the complaint may, if in his judgment the
circumstances so warrant, order that the name of such
person be struck off the roll of notaries public or be so
struck off for such period as may be specified in the order,


26 of 1993, s. 2.

Second Schedule.

Notaries public
to take oath and
to be enrolled.
5 of 1972, s. 2.
Third Schedule.

Discipline of
notaries public.

CH.57 – 6] NOTARIES PUBLIC





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

and, where such an order is made, the licence of such
person shall be deemed to be withdrawn, and he shall be
disqualified from performing any notarial act whatsoever,
while such order is in force.

(3) Any order made by a judge under subsection (2)
shall be final and conclusive, and shall not be subject to
any appeal.

10. Every notary public shall have a seal which he
shall impress upon all documents issued by him in the
exercise of the functions of a notary public, and such seal
shall be approved by the Minister.

11. (1) Subject to the provisions of section 4, any
person who —

(a) practises as a notary public or performs any
notarial act without having taken and subscribed
an oath as required by section 8; or

(b) holds himself out to be a notary public or
receives any fee or reward as a notary public
when he is not a person duly licensed and
enrolled under this Act,

shall be guilty of an offence and liable on summary
conviction thereof to a fine not exceeding one hundred and
fifty dollars.

(2) This section shall not be construed to exempt
any person from any prosecution under the provisions of
any other Act to which he would otherwise be liable.

12. The Minister may, from time to time by order —
(a) amend the First Schedule by deleting therefrom

any public office or including therein any other
public office;

(b) add to or vary the fees prescribed in the Second
Schedule.

Notary public to
provide himself
with notarial
seal.

Penalty for un-
lawfully practi-
sing as a notary
public.

Power to amend
Schedules.

First Schedule.

Second Schedule.

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LRO 1/2006 STATUTE LAW OF THE BAHAMAS

FIRST SCHEDULE (Sections 4, 12)
(i) Attorney-General
(ii) Solicitor-General
(iii) Financial Secretary
(iv) Registrar of the Supreme Court
(v) Registrar-General
(vi) Magistrate
(vii) Out Island Commissioner
(viii) Governor of the Central Bank of The

Bahamas
(ix) Director of Legal Affairs
(x) Permanent Secretary
(xi) Deputy Permanent Secretary in the

Ministries respectively responsible for
Immigration, National Security, Foreign
Affairs and Housing

(xii) Undersecretary in the Ministries respectively
responsible for Immigration, National
Security, Foreign Affairs and Housing

(xiii) Chief Housing Officer;
(xiv) Registrar of the Court of Appeal.

SECOND SCHEDULE (Sections 5, 6, 12)

$ c
Fee payable on appointment as notary public 125 00
Fee payable on annual renewal of licence 250 00
Fee payable for copy of certificate lost,
destroyed or mutilated................................... 20 00
Fee payable for authenticating or legalising
the signature or seal of a notary public —
(a) in respect of the first signature or seal in

a document.............................................. 20 00
(b) in respect of each additional signature or

seal in the document ............................... 10 00









3 of 1974,
Sch;S.I 43/1975;
S.I. 9/1990; S.I.
64/1996; S.I.
74/2004.

3 of 1974, Sch.

S.I. 43/1975.

S.I. 9/1990.
S.I. 9/1990.

S.I. 9/1990.

S.I. 64/1996.

S.I. 74/2004.

S.I. 105/1991; 26
of 1993, s. 3.

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STATUTE LAW OF THE BAHAMAS LRO 1/2006

THIRD SCHEDULE (Section 7)

OATH TO BE TAKEN BY A NOTARY PUBLIC
I, ............................................................................................... do
swear that I will truly and honourably demean myself in the
office of Notary Public, according to the best of my knowledge
and ability, so help me God.