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NOTARIES PUBLIC ACT, 1960 (ACT 26)
ARRANGEMENT OF SECTIONS
Section
1. Appointment
2. Oath to be taken on
appointment
3. The Roll of Notaries Public
4. Notaries to be officers of
Court
5. Penalty for unqualified
persons acting
6. Notary to refuse to act in
certain cases, subject to appeal
to Court
7. Duty in case of refusal
8. Penalty for misfeasance
9. Fees
10. Diplomatic and consular
representatives abroad
11. District Magistrates to have
powers of notaries public
12. Definitions
13. Repeal
ACT
OF THE PARLIAMENT OF THE REPUBLIC
OF GHANA
ENTITLED
NOTARIES PUBLIC ACT, 1960
AN ACT to consolidate the law
relating to notaries public.
DATE OF ASSENT: 22nd December,
1960.
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembly as
follows:—
Section 1—Appointment.
The Chief Justice may appoint to
be a notary public any person whom
he considers fit and proper to
discharge the duties assigned to
that office by law or by the
practice of commerce.
Section 2—Oath to be taken on
Appointment.
Every person so appointed shall
before entering upon the duties of
his office be sworn before the
Chief Justice or before a Judge of
the Supreme Court or High Court
well and faithfully to discharge
the duties of the office and shall
pay the stamp duty prescribed by
law.
Section 3—The Roll of Notaries
Public.
(1) The Roll of the Supreme Court
in which the names of notaries
public are enrolled shall be known
as the Roll of Notaries Public and
shall be kept by the Judicial
Secretary.
(2) Upon complying with section 2
of this Act, a person appointed to
be a notary public shall be
enrolled and shall be granted a
certificate of enrolment under the
seal of the Court.
(3) A person whose name is not
enrolled shall not be entitled to
perform the functions of a notary
public, except as otherwise
provided by this Act.
Section 4—Notaries to be Officers
of Court.
Every notary public shall be an
officer of the Courts, and the
Supreme Court may for reasonable
cause suspend any notary from
practising during any specified
period, or order his name to be
struck off the Roll, and any Judge
of the Supreme Court or High Court
may suspend any notary
temporarily, pending a reference
to and confirmation or
disallowance of the suspension by
the Supreme Court.
Section 5—Penalty for Unqualified
Persons Acting.
Any person who purports to act in
the capacity of notary public,
other than a person authorised so
to do by this Act, is guilty of an
offence and is liable to a fine
not exceeding fifty pounds.
Section 6—Notary to Refuse to Act
in Certain Cases, Subject to,
Appeal to Court.
(1) In all cases where the
circumstances appear to the notary
suspicious and not warranting the
notarial act demanded, the notary
shall refuse to act.
(2) Any person who considers
himself aggrieved by the refusal
may apply to the High Court for an
order calling upon the notary to
act in the execution of his
office. Before applying for the
order the aggrieved person shall
cause reasonable notice of the
application to be given to the
notary refusing to act and to such
person, if any, in the State as
may be interested in the subject
of the notarial act demanded.
Section 7—Duty in Case of Refusal.
Whenever a notary refuses to act
as aforesaid he shall mark upon
the document in respect of which
the notarial act is demanded his
refusal, together with his
signature and the date of the
refusal.
Section 8—Penalty for Misfeasance.
Any notary public or other person
who wilfully certifies or
propounds any false statement or
document, or who fraudulently and
with intent to deceive, conceals,
witholds, or perverts any fact or
document pertinent to the subject
of a notarial act is guilty of a
misdemeanour.
Section 9—Fees.
(1) The fees for discharging the
duties of a notary public may be
prescribed by the Minister by
executive instrument.
(2) Any fees received by a public
officer for the discharge of
notarial duties shall form part of
the public revenues and shall be
paid by the officer into the
Accountant-General's Department.
(3) Until fees are prescribed the
fees payable immediately before
the passing of this Act shall
continue to be payable.
Section 10—Diplomatic and Consular
Representatives Abroad.
Every ambassador, minister,
diplomatic agent and consular
officer of Ghana in any foreign
country may do any notarial act
which any notary public may do
within the State and every oath,
affidavit, and notarial act made
or done by or before such a person
is as effectual as if made or done
by or before any lawful authority
in the State.
Section 11—District Magistrates to
have Powers of Notaries Public.
All District Magistrates shall
have and may exercise the
functions of a notary public;
provided that in any town in which
a notary public is available, the
functions exercisable by
Magistrates shall be limited to
the following matters, namely, the
certification of acts of honour,
the authentication of instruments,
the certification of copies of
instruments and the attestation of
instruments.
Section 12—Definitions.
In this Act—
"enrolled" means enrolled in the
Roll of Notaries Public;
"the Minister" means the Minister
to whom functions under this Act
are for the time being assigned by
the President.
Section 13—Repeal.
The Notaries Public Ordinance
(Cap. 7) is repealed.
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