Notaries Public
NOTARIES PUBLIC ACT

CHAPTER 6:51

LAWS OF TRINIDAD AND TOBAGO

Act
5 of 1894

Amended by
36 of 1894
45 of 1979

L.R.O.

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–8 ..

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LAWS OF TRINIDAD AND TOBAGO

2 Chap. 6:51 Notaries Public

Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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LAWS OF TRINIDAD AND TOBAGO

Notaries Public Chap. 6:51 3

CHAPTER 6:51

NOTARIES PUBLIC ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Interpretation.
3. Appointment of Notaries Public.
4. President to appoint Notary Public for Tobago.
5. Duties of Notary Public.
6. Notaries Public appointed by Master of Faculties in the U.K.
7. Notaries Public to have Notarial Seal.
8. Registrar to keep Roll.
9. Punishment of unauthorised person acting as Notary Public.

10. Notaries not to be suspended except by decision of a Judge.
11. Request to revoke appointment.
12. Notary Public may sometimes refuse to act.
13. Notary Public to mark his refusal on document.
14. Punishment of Notary Public for false certificates.
15. Fees.

SCHEDULE.

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LAWS OF TRINIDAD AND TOBAGO

4 Chap. 6:51 Notaries Public

CHAPTER 6:51

NOTARIES PUBLIC ACT

An Act relating to Notaries Public.

[4TH APRIL 1894]
1. This Act may be cited as the Notaries Public Act.

2. In this Act “Registrar” means the Registrar of the
Supreme Court.

3. (1) The President, after consultation with the Chief
Justice, may by warrant under his hand and seal appoint any person
to be a Notary Public of Trinidad and Tobago.

(2) (a) Before making an appointment under
subsection (1) the President shall be satisfied of the fitness of
the person to be appointed and that for the due convenience
and accommodation of the public the number of Notaries in
Trinidad and Tobago is insufficient.

(b) For the purpose of paragraph (a), the President
may take into account the views and recommendations of bankers,
businessmen and other appropriate groups or bodies resident in
Trinidad and Tobago.

(c) Where an application for appointment as a Notary
is made to the President, the President may refuse the application
without assigning any reasons. A decision to refuse an application
shall be final and conclusive and there shall be no appeal or other
relief against such a decision.

(3) Subject to section 4, no person shall be appointed a
Notary Public unless he is an Attorney-at-law of at least fifteen
years standing.

(4) Every person appointed as a Notary Public shall—
(a) on his appointment, pay to the Registrar a fee of

one thousand dollars; and

1950 Ed.
Ch. 7. No. 5.
5 of 1894.
Commencement.

Short title.

Interpretation.

Appointment of
Notaries Public.
[45 of 1979].

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Notaries Public Chap. 6:51 5

(b) before entering upon the duties of his office, make
and subscribe in a book to be kept in the office of
the Registrar, the following Oath:

I, AB, do swear or solemnly affirm (as the
case may be) that I will truly and honestly
conduct myself in the office of Notary Public
according to the best of my knowledge and
ability—SO HELP ME GOD.

(5) Subsection (3) does not apply—
(a) to the person appointed as Notary Public under

section 4;
(b) to a person who is deemed to be appointed as a

Notary Public under section 6.

4. The President may appoint the person for the time being
discharging the duties of Sub-Registrar of the Supreme Court in
Tobago to be a Notary Public for Tobago.

5. Every person appointed to be a Notary Public shall
discharge the duties assigned to such office by the laws of the
United Kingdom and Trinidad and Tobago and by the practice of
commerce.

6. Every person who before the commencement of the Law
Revision (Miscellaneous Amendments) Act 1979 (i.e., 31st
December, 1979) was entitled to practise as a Notary Public in
Trinidad and Tobago shall be deemed to be appointed as a Notary
Public under this Act.

7. Every Notary Public entitled to practise under this Act shall
provide himself with a seal, to be impressed upon all documents
issued by him as a Notary Public.

8. The Registrar shall keep a list of persons entitled to practise
as Notaries Public under this Act, which shall be called the Roll of
Notaries Public.

President to
appoint Notary
Public for
Tobago.

Duties of Notary
Public.
[2 of 1954].

Notaries Public
appointed by
Master of
Faculties in the
U.K.
[45 of 1979].

Notaries Public
to have Notarial
Seal.
[45 of 1979].

Registrar to
keep Roll.
[45 of 1979].

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LAWS OF TRINIDAD AND TOBAGO

6 Chap. 6:51 Notaries Public

9. Any person who discharges the duties of a Notary Public,
not being appointed or deemed to be appointed as a Notary Public
under this Act, is liable on summary conviction to a fine of two
hundred and forty dollars.

10. No Notary Public entitled to practise under this Act shall
be suspended from the performance of his duties as a Notary Public,
unless he is guilty of some crime, gross misconduct, negligence or
unskilfulness which must be represented to be heard and determined
by a Judge of the High Court in a summary way, and if any Notary
Public is condemned the Court shall order the Registrar to strike
off his name from the Roll of Notaries Public, and he shall be
disabled thenceforth from performing any notarial act whatever;
or if in the opinion of the Court the circumstances of the case are
such as to justify a lesser punishment, the Court may suspend him
from practising as a Notary Public for such period as the Court
thinks fit.

11. Any Notary Public may, by application in writing to the
Registrar, request the revocation of his appointment, and the
Registrar upon receipt of such application shall remove his name
from the Roll of Notaries Public. Nothing in this section shall
prohibit any Notary Public whose name has been so removed, from
again applying to be appointed as a Notary Public.

12. (1) In all cases where the circumstances appear to the
Notary Public suspicious and not warranting the protest or other
notarial act demanded, the Notary shall refuse to act.

(2) Any person who considers himself aggrieved by the
refusal of the Notary to note the protest, or to do any other notarial
act demanded, may apply to the High Court or any Judge thereof
for an order calling upon the Notary to act in the execution of his
office, and before applying for such order, notice of the
application shall be given to the Notary refusing to act, and to
such persons, if any, in Trinidad and Tobago as are interested in
the subject of the protest.

Punishment of
unauthorised
person acting as
Notary Public.
[45 of 1979].

Notaries not to
be suspended
except by
decision of a
Judge.
[45 of 1979].

Request to
revoke
appointment.
[45 of 1979].

Notary Public
may sometimes
refuse to act.

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Notaries Public Chap. 6:51 7

13. When any protest or other notarial act shall be refused to
be noted or done, the Notary so refusing shall mark in the logbook,
bill of exchange or other document, his refusal with his signature
and the date of refusal subscribed thereon.

14. Any Notary Public or other person who wilfully certifies
or propounds any false statement or document, or who fraudulently,
with intent to deceive, conceals, withholds or perverts any fact or
document pertinent to the subject of protest or other notarial act is
liable on conviction on indictment to imprisonment for two years.

15. (1) Every Notary Public shall be entitled to demand and
to receive in respect of the duties of his office such fees as are
prescribed in the Schedule.

(2) If the person performing the duties of Notary Public
shall be the Sub-Registrar of the Supreme Court, he shall pay all
such fees into the Treasury to the credit of general revenue; if he
shall be a person other than the Sub-Registrar of the High Court
he shall be entitled to retain all such fees for his own use.

(3) The Minister may from time to time by Order amend
the Schedule.

Notary Public to
mark his refusal
on document.

Punishment of
Notary Public
for false
certificates.
[45 of 1979].

Fees.
[2 of 1954
45 of 1979].
Schedule.

Schedule.

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8 Chap. 6:51 Notaries Public

SCHEDULE
$ ¢

Presenting and noting protest on Bill of Exchange or
promissory note… … … … … … 25.00

Extending protest on Bill of Exchange or promissory note … 75.00
Attestation of any document… … … … … 50.00
Notarial Certificate… … … … … … 75.00
Attendances—according to length … … … … 15.00

to 50.00
Minuting or noting ship protest … … … … 25.00
Extending ship protest according to complication and length … 100.00
Furnishing copy of extended protest per folio of 72 words … 1.00
Declaration to ship protest for the Master and for each

additional declarant … … … … … 50.00
Attestation of ships manifest whether in duplicate or more … 25.00

In all cases where the Notary has to travel to perform his duties under this Act,
he may charge a reasonable fee for his travelling expenses.

If any dispute arises as to the reasonableness of the fees charged for travelling
expenses, the dispute may be referred to the Registrar whose decision shall
be final.

Section 15.
[45 of 1979].

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