LAWS OF GUYANA
Public Notaries Cap. 4:02 3
CHAPTER 4:02
PUBLIC NOTARIES ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Appointment of public notary.
3. Oath to be taken by notary.
4. Register to be kept.
5. Fees not to be in excess of those prescribed.
6. Proceedings in case of misconduct of notary.
7. Offences.
SCHEDULE—Form of oath.
1953 Ed.
__________ c. 31
52 of 1932
An Act to provide for the appointment of Notaries and for the
registration of Notaries and to regulate the duties of the
office of Public Notary.
[24TH DECEMBER, 1932]
1. This Act may be cited as the Public Notaries Act. Short title.
2. (1) The President may by warrant under his hand and seal Appointment
appoint a legal practitioner of not less than ten years’ standing to be a of public
notary.
public notary, hereinafter referred to as a “notary”.
(2) Notaries may be appointed for Guyana or for any of the
counties of Demerara, Essequibo or Berbice.
(3) A notary appointed by the President shall perform the same
duties and exercise the same functions as a notary in Guyana
immediately before the 26th May, 1966.
L.R.O. 3/1998
LAWS OF GUYANA
4 Cap. 4:02 Public Notaries
Oath to be 3. A notary before being admitted to and entering on the duties of
taken by his office shall take and subscribe the oath set out in the Schedule
notary. before such person as the President shall appoint generally or
Schedule.
specially.
Register to be 4. The Registrar of the Supreme Court shall keep a register in which
kept. he shall enter the name of every person who shall be appointed and
admitted to the offlice of notary and the date of his appointment and
admission.
Fees not to be 5. A notary shall not charge for the performance of any of the
in excess of duties of his office any sum in excess of the fee which is prescribed or
those pre- fixed by rules of court under the High Court Act or under any other Act.
scribed.
Proceedings in 6. (1) If a notary shall be convicted of any offence, or be adjudged
case of guilty of any misconduct whether in his capacity of notary or
misconduct of otherwise, the court before which he is so convicted or by which he is
notary.
so adjudged shall make a report thereof to the President, the President
may revoke his warrant of appointment and direct the Registrar to
remove the name of the notary from the register.
(2) If any person shall make a complaint on oath charging a
notary with misconduct in his office the President may appoint a fit and
proper person to inquire into the facts and report thereon to the
President and if the President is of opinion that the notary has been
guilty of misconduct he may suspend him from practice for a specified
time or revoke his warrant of appointment and direct the Registrar to
remove his name from the register.
(3) When a notary has been suspended from practice or the
Registrar in pursuance of a direction by the President removes the
name of a notary from the register he shall cause notice of the fact to be
published in the Gazette.
(4) Every complaint charging a notary with misconduct shall
contain a statement of the material facts on which the person
complaining relies.
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7. If any person who is suspended from practice or whose name is Offences.
not on the register shall for reward make, do, exercise or perform any [6 of 1997]
act matter or thing appertaining or belonging to the office, function or
practice of a notary he shall be liable on summary conviction to a fine
of nineteen thousand five hundred dollars and to imprisonment for four
months.
SCHEDULE s. 3
FORM OF OATH
I, A.B., do swear that I will faithfully exercise the office of a public
notary; I will faithfully make contracts or instruments for or between
any party or parties requiring the same, and I will not add or diminish
any thing without the knowledge and consent of such party or parties
that may alter the substance of the fact; I will not make or attest any act,
contract or instrument in which I shall know there is violence or fraud;
and in all things I will act uprightly and justly in the business of a public
notary, according to the best of my skill and ability. So help me God.
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L.R.O. 3/1998