Law of Notaries and Notarial Practice and Procedure
What the exam tests
This domain examines how a Sri Lankan notary is appointed, regulated and disciplined, and how notarial acts are performed and recorded. The core statute is the Notaries Ordinance No. 1 of 1907, read with the Registration of Documents Ordinance No. 23 of 1927 and the Evidence Ordinance.
Core rules
- A notary public must be an attorney-at-law and is appointed for a specified area; acting outside the appointment, after suspension or while disqualified is unlawful.
- Every notarial act must be entered in the notary's protocol or register in sequence, with the date, parties, nature of the instrument, signatures and fees. Office copies and the protocol are public-office records and must be preserved.
- The notary must identify the parties, satisfy himself of capacity and free consent, read or translate the instrument, see due execution, and attest with signature and seal.
- A notary may not attest an instrument in which he has an interest, or act for a person under disability without proper authority. Fees follow the prescribed schedule.
Worked example
A client sends a signed sale deed to a notary and asks for attestation without appearing. The notary must refuse. Attestation is not a rubber stamp: the notary must see the parties sign or acknowledge before him, verify identity, and record the act. Attesting a pre-signed deed exposes him to disciplinary action and makes the deed unreliable.
Traps
Confusing a notary with a commissioner for oaths; omitting protocol entries; accepting a third party's assurance of identity; backdating; and failing to register a registrable deed promptly.