Ghana Act or statute

Parliament of Ghana

Notaries Public Act, 1960 (Act 26)

application to courtcompliancecompliance terminologydocument executionfeesformal witnessing and authenticationgovernancelegal statusBusiness registrationnotarial actsnotarial dutiesnotarial functionsnotary servicesnotice before applicationprofessional appointmentprofessional misconductprofessional registrationprofessional regulationprofessional servicespublic revenuerecords

Jurisdiction: Ghana
Structure: 13 provisions
Citation: Act 26
Dates: Undated source snapshot

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Dates: Undated source snapshot

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Purpose and legislative effect

“The Chief Justice may appoint a fit and proper person as a notary public.”

The Chief Justice may appoint a fit and proper person as a notary public. A person appointed to office must be sworn before the Chief Justice, or a Judge of the Supreme Court or High Court, before starting duties, and must pay the stamp duty required by law. The Judicial Secretary must keep the Roll of Notaries Public, and a person appointed as a notary public must be enrolled and receive a certificate of enrolment after complying with section 2. Every notary public is to be an officer of the Courts, and the Supreme Court or certain judges may suspend a notary in the circumstances stated. A person who is not authorised by the Act must not act as a notary public, and doing so is an offence punishable by a fine up to fifty pounds.

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Appointment

The Chief Justice may appoint a fit and proper person as a notary public.

Section 1

Notaries to be officers of Court

Every notary public is to be an officer of the Courts, and the Supreme Court or certain judges may suspend a notary in the circumstances stated.

Section 4

Duty in case of refusal

If a notary refuses to act, the notary must record the refusal on the document and add the signature and date.

Section 7

Diplomatic and consular representatives abroad

Ghana’s ambassadors, ministers, diplomatic agents, and consular officers abroad may perform notarial acts that a notary public may do in the State.

Section 10

Repeal

This section repeals the Notaries Public Ordinance (Cap. 7).

Section 13

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Showing 13 of 13 provisions

Provision 9Offence 2InterpretationRepeal

§ 1AppointmentProvision

The Chief Justice may appoint a fit and proper person as a notary public.

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 1Verify source

§ 2Oath to be taken on appointmentProvision

A person appointed to office must be sworn before the Chief Justice, or a Judge of the Supreme Court or High Court, before starting duties, and must pay the stamp duty required by law.

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 2Verify source

§ 3The Roll of Notaries PublicProvision

The Judicial Secretary must keep the Roll of Notaries Public, and a person appointed as a notary public must be enrolled and receive a certificate of enrolment after complying with section 2.

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 3Verify source

§ 4Notaries to be officers of CourtProvision

Every notary public is to be an officer of the Courts, and the Supreme Court or certain judges may suspend a notary in the circumstances stated.

Section 4—Notaries to be Officers of Court. 3 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 4Verify source

§ 5Penalty for unqualified persons actingOffence

A person who is not authorised by the Act must not act as a notary public, and doing so is an offence punishable by a fine up to fifty pounds.

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 5Verify source

§ 6Notary to refuse to act in certain cases, subject to appeal to CourtProvision

A notary must refuse to act if the circumstances seem suspicious and do not justify the requested notarial act. An aggrieved person may apply to the High Court for an order requiring the notary to act, but must first give reasonable notice to the notary and any interested person in the State.

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 6Verify source

§ 7Duty in case of refusalProvision

If a notary refuses to act, the notary must record the refusal on the document and add the signature and date.

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.

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§ 8Penalty for misfeasanceOffence

A notary public or other person who falsely certifies or presents false material, or who hides or alters a relevant fact or document to deceive, is guilty of a misdemeanour.

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 8Verify source

§ 9FeesProvision

The Minister may prescribe notary fees by executive instrument, and public officers who receive notarial fees must pay them into the Accountant-General's Department. Until new fees are prescribed, the previous fees continue to apply.

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 9Verify source

§ 10Diplomatic and consular representatives abroadProvision

Ghana’s ambassadors, ministers, diplomatic agents, and consular officers abroad may perform notarial acts that a notary public may do in the State.

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 10Verify source

§ 11District Magistrates to have powers of notaries publicProvision

District Magistrates may exercise notary public functions, but where a notary public is available in a town, their role is limited to specified certification and attestation matters.

Section 11—District Magistrates to have Powers of Notaries Public. 4 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 11Verify source

§ 12DefinitionsInterpretation

This section defines “enrolled” and “the Minister” for this Act.

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 12Verify source

§ 13RepealRepeal

This section repeals the Notaries Public Ordinance (Cap. 7).

Section 13—Repeal. The Notaries Public Ordinance (Cap. 7) is repealed.

Section 13Verify source

Legislative relationships

2 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

N–S

1 instrument

Notaries Public and shall be kept by the Judicial Secretary. (2) Upon complying with section 2 of this Act
Section 3

T–Z

1 instrument

This section repeals the Notaries Public Ordinance
Section 13

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