Notaries Public Act

Section 1. Interpretation Section In this Act, “currency point” has the value assigned to it in Schedule 1 to this Act.

Section 2. Minister may direct that certain persons be licensed as notaries public Section who has proved to the satisfaction of the Minister that he or she is entitled to function as a notary in England, Scotland or Northern Ireland; or

Section 3. Notaries public to be enrolled and to take out certificate Section 3(1) The registrar, on receiving from the Minister the directions mentioned in section 2 , and on receiving from the person requiring to be licensed as provided in section 2 the fees prescribed in Schedule 2 to this Act, shall enrol the name of that person in a book which shall be kept for that purpose in the office of the chief registrar of the High Court, and shall issue to that person a certificate of enrolment in the form set out in Schedule 4 to this Act which certificate shall authorise that person to perform within Uganda the functions and duties of a notary public up to the 31st December next after the certificate shall have been issued. Section 3(2) The Chief Registrar of the High Court shall, on receipt of the fees prescribed in Schedule 2 to this Act either— Section 3(2)(a) issue a fresh certificate at any time in case a former certificate has expired; or Section 3(2)(b) renew an existing certificate by endorsement on it, to any person whose name is on the roll of notaries public, Section 3(3) Where a certificate issued under this section is shown to the satisfaction of the registrar to have been inadvertently lost, destroyed or mutilated, it may be replaced by a copy of the certificate upon the application of the person entitled to it and payment of the fee prescribed in Schedule 2 to this Act.

Section 4. Magistrates and registrar to have powers of notaries publicvirtute officii Section Every magistrate and the Chief Registrar of the High Court, which expression shall include deputy and district registrars, shall have, virtute officii , all the powers and duties of a notary public in respect of administering oaths, taking affidavits, attesting signatures and certifying to copies of documents; but all fees taken by a magistrate and the Chief Registrar of the High Court under this Act shall be paid by them into the Consolidated Fund.

Section 5. Suspension or cancellation of certificate Section A certificate issued under section 3 may be suspended or cancelled, and any notary public may be suspended from practising or his or her name may be struck off the roll of notaries public in the same manner, and by the same procedure and for the same causes as an advocate of the High Court may be suspended or struck off the roll and also for making any charge or demanding any payment for any notarial act in excess of that prescribed in Schedule 3 to this Act.

Section 6. Penalty for unlawfully practising Section Any person who holds himself or herself out to be a notary public or receives any fee or reward as a notary public, unless he or she is enrolled under this Act, and is the holder of a certificate then in force, or is a magistrate or the Chief Registrar of the High Court, commits an offence against this Act and is liable, on conviction, to a fine not exceeding three hundred currency points, and for a second offence to imprisonment for a term not exceeding six months, in addition to, or in substitution for, a fine which may amount to twelve currency points; but this section shall not be construed to exempt any person from any prosecution under the provisions of any law to which he or she would otherwise be liable.

Section 7. Power to amend Schedules Section 7(1) The Minister responsible for finance may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act. Section 7(2) The Minister may, by statutory instrument, amend Schedule 3 to this Act and may specify the fees which may be charged in respect of any notarial act not specifically mentioned in Schedule 3 to this Act, and upon such notification, Schedule 3 to this Act shall be deemed to be amended accordingly.