- Commenced on 1 July 1995
- [This is the version of this document at 1 June 2020.]
Part I – Preliminary
1. Short title and commencementThis Act may be cited as the Notaries Act.
2. InterpretationIn this Act—"archives", in respect of a notary, means all deeds, registers of summaries and other documents kept or required to be kept by the notary under this Act or any other written law;"Curator of Seychelles Archives" means the person referred to in the Seychelles Archives Act;"examination board" means the examination board established under section 6;"notarial deed" means a deed drawn up by or before a notary in accordance with this Act;"prescribed fees" means fees prescribed under this Act in respect of the services of a notary;"Seychelles Archives" means the Seychelles Archives established under the Seychelles Archives Act;"stamp duty" means stamp duty under the Stamp Duty Act and "stamped" shall be construed accordingly;
3. Principal role of notariesA notary is a public official whose duty shall be—
Part II – Appointment and qualifications of notaries, Official Notary and Assistant Official Notaries
4. Appointment of notaries
5. Qualification for appointment as a notary
6. Examination board
7. Person who may sit for examinationA person shall not be admitted to examination by the examination board unless he qualifies under this Act.
8. Roll of notaries
9. Pre-condition before starting to practise as notaryA person appointed as a notary shall not practise as such unless he—
10. Resignation of a notary
11. Suspension or removal of a notary by court
13. Official Notary and Assistant Official Notary
14. Acts which a notary may not perform
Part III – Manner of drawing up and content of deeds
15. Manner of drawing up deeds and content of deeds drawn up by a notary generallySubject to this Act—
16. Certain deeds required to be made before a second notary or two witnesses
17. Restriction regarding deed founded on another deed
18. Special rules as to wills
19. Special requirement with regard to deed of acquittanceA notary who draws up a deed of acquittance, whether in whole or in part, of any privileged or mortgaged claim inscribed under the Mortgage and Registration Act shall insert in the deed a clause giving the extent of the amount paid, a discharge of the inscribed privilege or mortgage to the extent of the amount paid, and indicate the date, volume and folio number of the inscribed privilege or mortgage.
20. Registrar General may refuse to register etc deeds in certain casesNotwithstanding article 2199 of the Civil Code, the Registrar-General shall not register, transcribe, inscribe or stamp a deed which fails to comply with sections 15 to sections 19.
21. Deed void in certain circumstances
22. Notarial deed is authentic documentA deed drawn up by a notary in accordance with this Act is an authentic document in terms of the Civil Code.
Part IV – Archives, copies of deeds etc
23. Safekeeping of original and authenticated copy of deeds
24. Delivery of copy of deed
25. Register of summaries
26. Archives of notary to be deposited at Seychelles Archives
27. Attorney-General may cause archives to be deposited with Seychelles Archives etc
28. Handing over of archives of a notary to another notaryWhere the archives of a notary is handed over to another notary under a scheme under section 10 or section 11 or under section 27(1)(b), the notary taking over the archives shall—
29. Archives of a notary who has diedImmediately upon the death of a notary the archives of a notary shall be put under seal by the Registrar of the Supreme Court and the archives shall be dealt with as provided under section 27(1)(b).
30. Executory copy
31. Notary to register etc deeds drawn up by him
32. SealA notary shall keep a seal or stamp bearing his name, designation and address of his office and deeds drawn up by the notary shall bear the imprint of the seal or stamp.
33. Leave of absenceA notary desirous of absenting himself from the function of his office for any consecutive period of more than 31 days shall first seek, in writing through the Attorney-General, and obtain leave of absence from the President.[section 33 amended by section 2 of Act 16 of 2020 with effect from 8 May 2020]
34. Legalization of deedsA notarial deed shall, where legalization is required for any purpose, be legalized by a judge in Chambers.
36. Agreement in respect of fees
38. Regulations, rules
39. Repeal of Cap 85
History of this document
01 July 1995
|Notaries (Fees and Costs) Regulations||Statutory Instrument 70 of 1995|