Usually, notary
public is required to authenticate various types of document. Because, to produce
the copy of a certificate like academic certificate, character certificate,
birth/death certificate, emigrational document etc. need to be attested by a
notary public. Further, notary public endorsed copy of deed or affidavit is
mandatory to transfer and register any kind of immoveable property and it is
also obligatory to transfer of some moveable property (e.g. sale of a car). Notary
is also required to translate and authenticate the translation. Moreover, Notary
public prepares deed for foreign dealing in prescribed format. It is also the
duty of notary public to prepare charter party and other commercial documents,
ensure safety of payment or demand of any promissory note or bill of exchange
etc.
How to
authenticate: To attest any sort of document, the concern notary public
must compare the produced copy of document with the original one. However, the
executor of an affidavit must be present before the notary to do an affidavit. After
scrutinizing the documents, the notary public will sign on the document and
affix a government special seal along with his official seal on the same.
Fees: Majority
of the ordinary people are not acquainted with the actual charge of notary. And
maximum notary publics take this chance to make money by using unconsciousness
of common people. However, the government fixed the fees and no one can take
extra fee more than stipulated. If somebody receives more than the specified
fee, then the sufferer can file complaint against him. Attestation fee is 10
taka and any affidavit on stamp or contract agreement fee is 20-25 taka only
while most of the time we paid 100-1000 taka for notary.
Who could be a
notary public: The person who have at least seven years of experience of
practice as an advocate or engaged as a member of judicial service for more
than five years or person engaged in government legislative drafting could be
appointed as a notary public under the Notaries Ordinance and Notaries Rule,
1964. However, as per rule 60A of the Notaries Rule, 1964 every notary
registrar must have an office and he cannot exhibit his signboard except that
office.
Be aware
about deception: Notary public authenticated documents have little worth to
prove a legal claim. It mainly ensures originality of a document or certifies a
formal declaration. Hence, some notary public has done various deceitful
activities in this arena. Often, the person who wants to do affidavit do not
present himself physically before the notary, which is a basic requirement of
law to do an affidavit. Some do not have any authority to notarize, but they
displayed fake signboard and done all activities fraudulently. Some of them use
the name and seal of an expired notary public. They arrange fake marriage in
the name of “court marriage”. Actually court marriage has no legal effect
rather a mere declaration to marry. The concern parties must observe their respective
religious rituals and registration to do a valid marriage. Regularly they
notarize fictitious document and some lawyers also help them to do these illicit
activities. Frequently, they prepare forge deed and put previous date to
establish their customer’s claim. In addition, sometime they create bogus power
of attorney even in the name of a died person to transfer his property. Even,
these notaries made various documents on white paper to help the criminals.
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