In today’s world, specifically in the world of commercial transactions, Notaries play a crucial role in validating and authenticating important documents. The significance of their role has become notably pronounced with the rise in cross-border transactions. From real estate transactions to legal affidavits, power of attorney, Notaries witness, attest and certify the execution of documents to deter incidences of fraud.
On 12 June 2023, President Bola Ahmed Tinubu signed into law, the Notaries Public Act, 2023 (“the New Act”) which repealed and replaced the Notaries Public Act, LFN 2004 (the “Repealed Act”). The New Act among other things introduces the performance of digital and remote notarizations of documents by Notaries Public as well as the legal recognition of such digitally notarised documents. This article will discuss the key provisions of the New Act.
Key Changes in the Notaries Public Act, 2023
The key changes introduced by the Notaries Public Act are as follows:
- Documents to be Notarised
The New Act expressly spells out the documents that may be notarised. The documents include birth certificate, school certificate, police clearance certificate, biodata page of international passport, marriage certificate, driver’s license, foreign documents required to be notarised in Nigeria and affidavits.
- Electronic Register of Notaries Public
The New Act now requires that the Chief Registrar of the Supreme Court maintain an electronic register of Notaries in addition to the physical one provided and provides for the inclusion of the phone numbers and email addresses of all appointed Notaries in addition to the name, address and the date of appointment and admission.
- Digital Notarisation
One of the innovative introductions of the New Act is the introduction of digital notarisation, a feature that was absent in the Repealed Act. Under the New Act, Notaries can discharge their duties via electronic means where the situation arises, and all electronically notarised documents shall be recognised as valid in all Courts within Nigeria as though they were signed in person.
However, to take benefit of this provision, a Notary is required to register their intention and capability to perform electronic notarisation as well as register their official digital signature and the form of electronic technology to be used in attaching an electronic notarial signature to the Chief Registrar.
- Performance of Electronic Notarial Acts
The New Act now allows for a Notary Public to perform an electronic notarial act for an electronic document by audio-visual communication for a person who is situated in the same state or outside the state where the Notary Public is domiciled or commissioned within Nigeria or outside Nigeria.
Where the Notary Public performs an electronic notarial act for an individual by audio-visual means, he must include a statement in the electronic notarial certificate indicating that the electronic notarial act was performed by means of audio-visual communication. Additionally, the new Act provides conditions which must be met before an electronic notarization system can be used to perform electronic notarization acts.
- Fees
Under the New Act, the fees that a Notary may charge for the performance of any of the duties of his office have been reviewed upward. For example, the fees for notarizing a certificate and a deed under the Repealed Act were NGN5,000. However, under the new Act, the fees have been reviewed to NGN10,000 and NGN 20,000 respectively. All the reviewed fees are set out in the Second Schedule to the New Act.
CONCLUSION
The enactment of the Notaries Public Act, 2023 is a step towards the modernization of the Nigerian legal System by integrating and leveraging the use of technology. The New Act is a welcome development and is poised to enhance efficiency by saving time and cost expended on physical notarisation.
