CHAPTER 35
NOTARIES PUBLIC AND NOTARIAL FUNCTIONS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
APPOINTMENT AND ENROLMENT OF NOTARIES PUBLIC

   3.   Appointment of notaries public

   4.   Admission fee

   5.   Enrolment

   6.   Notarial seal

PART III
FUNCTIONS AND DUTIES OF NOTARIES PUBLIC

   7.   Functions of notaries public

   8.   Notary to refuse to act in certain case; subject to appeal to court

   9.   Duty of notary in case of refusal

   10.   Jurat to state when oath is taken

   11.   Notary not to act when interested

PART IV
PERSONS OTHER THAN NOTARIES PUBLIC AUTHORISED TO PERFORM NOTARIAL FUNCTION

   12.   Magistrates to have limited powers of notaries public

   13.   Notarial powers of certain customs officers

   14.   Seal of person acting ex officio

   15.   Ambassadors, consuls, etc., abroad to have powers of notaries public

   16.   Persons performing notarial functions ex officio officers of court

   17.   Act not to affect powers elsewhere conferred

PART V
FEES FOR NOTARIAL SERVICES

   18.   Prescribed fees

   19.   Notarial fees of public and local officers, customs officers and magistrates

PART VI
REVOCATION OF APPOINTMENT AND SUSPENSION OF NOTARIES PUBLIC, AND REVISION OF ROLL

   20.   Revocation of appointment of notaries public

   21.   Suspension of notaries public

   22.   Revision of Roll

   23.   General power of Chief Justice to restore name to Roll

PART VII
OFFENCES

   24.   Unqualified persons acting as notaries

   25.   Notary acting during suspension, an offence

   26.   Notary public acting after being removed or struck off, an offence

   27.   Misfeasance

   28.   Contempt of court

PART VIII
MISCELLANEOUS

   29.   Existing notaries

   30.   Roll of Notaries Public

   31.   State Counsel for Zambia not to act as notaries public

   32.   Rules

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to make better provision for the appointment and enrolment of notaries public; for the regulation of the duties of the office of notary public; for the empowering of magistrates, ambassadors and other specified public officers to perform specific notarial acts; and for matters incidental thereto and connected therewith.

[1st March, 1968]

Act 40 of 1968,

Act 13 of 1994,

Act 23 of 2009,

SI 179 of 1990.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Notaries Public and Notarial Functions Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

"authorised person" means a person empowered to exercise notarial functions under Part IV;

"State Counsel for Zambia" has the meaning attributed to it by section 2 of the Legal Practitioners Act.

"the Association" means the Law Association of Zambia established by section 3 of the Law Association of Zambia Act;

"the Court" means the High Court for Zambia;

"the Registrar" means the Registrar of the High Court and shall include the Deputy Registrar thereof;

"the Roll" means the list of notaries public kept by the Registrar for the purposes of this Act pursuant to section 30..

PART II
APPOINTMENT AND ENROLMENT OF NOTARIES PUBLIC

3.   Appointment of notaries public

   (1) The Chief Justice may, by instrument under his hand, appoint as a notary public any legal practitioner who has, for a period of not less than five years immediately preceding his application for appointment as a notary public, been engaged in the practice of law in Zambia:

Provided that the Chief Justice, in his discretion and for good cause shown, may appoint a legal practitioner as a notary public notwithstanding that such practitioner has been engaged in the practice of law in Zambia for a period less than five years.

   (2) For the purposes of this section, "the practice of law" includes active employment in a judicial or legal capacity in the Judicial Department, the Attorney-General's Chambers the Land Department, the Department of the Director of Legal Aid or the Administrator-General's Department, or in such other department of Government or of any municipal, township or rural council as the Minister may, by statutory instrument, prescribe.

4.   Admission fee

Every person appointed as a notary public pursuant to section 3 shall pay to the Association the sum of three hundred and seventy-five fee units in respect of such appointment.

[S 4 am by Act 13 of 1994.]

5.   Enrolment

   (1) Upon production to the Registrar of—

      (a)   an instrument of appointment signed by the Chief Justice; and

      (b)   a receipt from the Association acknowledging payment of the fee prescribed by section 4;

and upon the person appointed taking and subscribing before the said Registrar the oath or making the affirmation in lieu thereof set out in the First Schedule, the Registrar shall cause the name of the person appointed to be entered in the Roll, pursuant to section 30, and the said person appointed shall thereupon sign the said Roll in the presence of the said Registrar.

   (2) Every person so enrolled shall be entitled to a certificate of enrolment under the seal of the Court.

6.   Notarial seal

Every notary public appointed under this Act shall have an embossed official seal of a design approved by the Chief Justice.

PART III
FUNCTIONS AND DUTIES OF NOTARIES PUBLIC

7.   Functions of notaries public

A notary public may—

      (a)   verify, authenticate and attest, by his official seal, the execution of deeds and other documents, contracts and powers of attorney;

      (b)   verify, by his official seal, translations of documents in any Zambian or foreign language into the English language or vice versa;

      (c)   present inland or foreign bills of exchange for payment, note the same if the bill is not accepted or paid, and amplify or extend such noting by preparing and signing the protest, whenever, under the Bills of Exchange Acts, 1882 to 1917, of the United Kingdom, or any Act replacing or amending the same, it is required that such transaction be performed by a notary public;

      (d)   under his official seal, note, amplify or extend, prepare, sign and seal protests concerning demurrage, and other ships' protests;

      (e)   superintend the drawing by lots of bonds of foreign States or corporations redeemable by drawings on fixed dates, and certify under his official seal the numbers of the bonds so drawn;

      (f)   as a notary public, administer oaths and affirmations; prepare and take affidavits and declarations; take declarations in lieu of oaths; take declarations, oaths and affidavits relating to stamp and other duties; take declarations in actions pending in any Commonwealth country relating to debt, where one of the parties is resident in Zambia, or relating to real property situated in such Commonwealth country;

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