Notaries Public and Notorial Functions Act

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REPUBLIC OF ZAMBIA
THE NOTARIES PUBLIC AND NOTARIAL FUNCTIONS ACT
CHAPTER 35 OF THE LAWS OF ZAMBIA
CHAPTER 35 THE NOTARIES PUBLIC AND NOTARIAL FUNCTIONS ACT
THE NOTARIES PUBLIC AND NOTARIAL
FUNCTIONS ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
APPOINTMENT AND ENROLMENT OF NOTARIES PUBLIC
3. Appointment of notaries public
4. Admission fee
5. Enrolment
6. Notarial seal
PART III
F UNCTIONS AND DUTIES OF NOTARIES PUBLIC

OF NOTARIES PUBLIC
3. Appointment of notaries public
4. Admission fee
5. Enrolment
6. Notarial seal
PART III
F UNCTIONS AND DUTIES OF NOTARIES PUBLIC

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7. Functions of notaries public
8. Notary to refuse to act in certain case; subject to appeal to Court
9. Duty of notary in case of refusal
10. Jurat to state when oath is taken
11. Notary not to act when interested
PART IV
PERSONS OTHER THAN NOTARIES PUBLIC AUTHORISED TO
PERFORM NOTARIAL F UNCTION
12. Magistrates to have limited powers of notaries public
13. Notarial powers of certain customs officers
14. Seal of person acting ex officio
15. Ambassadors, consuls, etc., abroad to have powers of notaries public
16. Persons performing notarial functions ex officio officers of Court
17. Act not to affect powers elsewhere conferred
PART V
F EES FOR NOTARIAL SERVICES
Section
18. Prescribed fees
19. Notarial fees of public and local officers, customs officers and magistrates
PART VI
REVOCATION OF APPOINTMENT AND SUSPENSION OF NOTARIES PUBLIC, AND REVISION
OF ROLL
20. Revocation of appointment of notaries public
21. Suspension of notaries public
22. Revision of Roll
23. General power of Chief Justice to restore name to Roll
PART VII
O FFENCES

f notaries public
21. Suspension of notaries public
22. Revision of Roll
23. General power of Chief Justice to restore name to Roll
PART VII
O FFENCES

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24. Unqualified persons acting as notaries
25. Notary acting during suspension, an offence
26. Notary public acting after being removed or struck off, an offence
27. Misfeasance
28. Contempt of court
PART VIII
M ISCELLANEOUS
29. Existing notaries
30. Roll of Notaries Public
31. State Counsel for Zambia not to act as notaries public
32. Rules
F IRST SCHEDULE -Oath of office and affirmation of office
SECOND SCHEDULE -Fees for notarial services
CHAPTER 35
NOTARIES PUBLIC AND NOTARIAL FUNCTIONS
An Act to make better provision for the appointment and enrolment of notaries
public; for the regulation of the duties of the office of notary public; for the
empowering of magistrates, ambassadors and other specified public officers
to perform specific notarial acts; and for matters incidental thereto and
connected therewith.
[1st March, 1968]
40 of 1968
13 of 1994
Statutory Instrument
179 of 1990
PART I
PRELIMINARY
1. This Act may be cited as the Notaries Public and Notarial Functions Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation

Act may be cited as the Notaries Public and Notarial Functions Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation

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"authorised person" means a person empowered to exercise notarial functions
under Part IV;
"the Court" means the High Court for Zambia;
"the Registrar" means the Registrar of the High Court and shall include the Deputy
Registrar thereof;
"the Roll" means the list of notaries public kept by the Registrar for the purposes of
this Act pursuant to section thirty. "the Association" means the Law Association of Zambia established by section
three of the Law Association of Zambia Act;
Cap. 31
"State Counsel for Zambia" has the meaning attributed to it by section two of the
Legal Practitioners Act. Cap. 30
PART II
APPOINTMENT AND ENROLMENT OF NOTARIES PUBLIC
3.

ambia" has the meaning attributed to it by section two of the
Legal Practitioners Act. Cap. 30
PART II
APPOINTMENT AND ENROLMENT OF NOTARIES PUBLIC
3.

(1) The Chief Justice may, by instrument under his hand, appoint as a notary
public any legal practitioner who has, for a period of not less than five years immediately
preceding his application for appointment as a notary public, been engaged in the practice
of law in Zambia:
Appointment of
notaries public
Provided that the Chief Justice, in his discretion and for good cause shown, may
appoint a legal practitioner as a notary public notwithstanding that such practitioner has
been engaged in the practice of law in Zambia for a period less than five years. (2) For the purposes of this section, "the practice of law" includes active
employment in a judicial or legal capacity in the Judicial Department, the
Attorney-General's Chambers the Lands Department, the Department of the Director of
Legal Aid or the Administrator-General's Department, or in such other department of
Government or of any municipal, township or rural council as the Minister may, by
statutory instrument, prescribe. 4. Every person appointed as a notary public pursuant to section three shall pay to
the Association the sum of three hundred and seventy-five fee units in respect of such
appointment.

tary public pursuant to section three shall pay to
the Association the sum of three hundred and seventy-five fee units in respect of such
appointment.

(As amended by Act No. 13 of 1994)
Admission fee

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5. (1) Upon production to the Registrar of- Enrolment
(a) an instrument of appointment signed by the Chief Justice; and
(b) a receipt from the Association acknowledging payment of the fee
prescribed by section four;
and upon the person appointed taking and subscribing before the said Registrar the oath
or making the affirmation in lieu thereof set out in the First Schedule, the Registrar shall
cause the name of the person appointed to be entered in the Roll, pursuant to section
thirty, and the said person appointed shall thereupon sign the said Roll in the presence of
the said Registrar.
(2) Every person so enrolled shall be entitled to a certificate of enrolment under the
seal of the Court.
6. Every notary public appointed under this Act shall have an embossed official
seal of a design approved by the Chief Justice.
Notarial seal
PART III
F UNCTIONS AND DUTIES OF NOTARIES PUBLIC

is Act shall have an embossed official
seal of a design approved by the Chief Justice.
Notarial seal
PART III
F UNCTIONS AND DUTIES OF NOTARIES PUBLIC

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7.

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7.

A notary public may-
(a) verify, authenticate and attest, by his official seal, the execution of deeds
and other documents, contracts and powers of attorney;
(b) verify, by his official seal, translations of documents in any Zambian or
foreign language into the English language or vice versa;
(c) present inland or foreign bills of exchange for payment, note the same if the
bill is not accepted or paid, and amplify or extend such noting by preparing
and signing the protest, whenever, under the Bills of Exchange Acts, 1882
to 1917, of the United Kingdom, or any Act replacing or amending the
same, it is required that such transaction be performed by a notary public;
(d) under his official seal, note, amplify or extend, prepare, sign and seal
protests concerning demurrage, and other ships' protests;
(e) superintend the drawing by lot of bonds of foreign States or corporations
redeemable by drawings on fixed dates, and certify under his official seal
the numbers of the bonds so drawn;
(f) as a notary public, administer oaths and affirmations; prepare and take
affidavits and declarations; take declarations in lieu of oaths; take
declarations, oaths and affidavits relating to stamp and other duties; take
declarations in actions pending in any Commonwealth country relating to
debt, where one of the parties is resident in Zambia, or relating to real
property situate in such Commonwealth country;
(g) as a notary public, take a declaration by the attesting witness of a will or
deed or by any other competent person to prove the due execution thereof;
(h) perform any function he is empowered, required or permitted to perform as
a notary public under any written law;
(i) perform any function customarily performed by a notary public.

powered, required or permitted to perform as
a notary public under any written law;
(i) perform any function customarily performed by a notary public.

Functions of notaries
public
8. (1) In any case where the circumstances shall appear to a notary public to be
suspicious or not warranting the protest or other notarial act demanded, the said notary
shall refuse to act. Notary to refuse to act
in certain cases;
subject to appeal to
Court
(2) Any person who considers himself aggrieved by such refusal may apply to the
Chief Justice, or in his absence any puisne Judge, for an order directing the said notary to
act in execution of his office. (3) Before applying for an order pursuant to subsection (2), the applicant shall cause
reasonable notice of the application to be given to the said notary public and to such other
persons in Zambia, if any, as may be interested in the subject of the protest or other
notarial act demanded.

the said notary public and to such other
persons in Zambia, if any, as may be interested in the subject of the protest or other
notarial act demanded.

(4) Upon receipt of any application pursuant to subsection (2), the Chief Justice or
Judge to whom the application is being made may require the said notary public either to
furnish a statement in writing of his reasons for refusing to act or to attend in person at the
hearing of the application and give his reasons for such refusal, and any person who is
interested shall be entitled to be heard by the Chief Justice or Judge, as the case may be.

d give his reasons for such refusal, and any person who is
interested shall be entitled to be heard by the Chief Justice or Judge, as the case may be.

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9. Whenever a notary public shall refuse to act as aforesaid he shall mark upon the
document in respect of which the protest or other notarial act is demanded his refusal, his
signature and the date of his refusal. Duty of notary in case
of refusal
10. Every notary public before whom any oath, affirmation, affidavit or declaration
is made under this Act or any other written law shall truly state in the jurat of attestation at
which place and on what date the oath, affirmation, affidavit or declaration is taken or
made. Jurat to state when
oath is taken
11.

of attestation at
which place and on what date the oath, affirmation, affidavit or declaration is taken or
made. Jurat to state when
oath is taken
11.

No notary public or authorised person shall exercise any notarial functions in
any proceedings or matter in which he, or his partner, or his employer is interested either
personally or as a legal practitioner on behalf of any of the parties:
Notary not to act when
interested
Provided that this section shall not apply to a notary public or authorized person who
is not personally interested in the proceedings or matter, but who is employed in a
department of Government or by a municipal, township or rural council which is officially
interested therein. PART IV
PERSONS O THER THAN NOTARIES PUBLIC AUTHORISED TO PERFORM NOTARIAL
F UNCTIONS
12.

hip or rural council which is officially
interested therein. PART IV
PERSONS O THER THAN NOTARIES PUBLIC AUTHORISED TO PERFORM NOTARIAL
F UNCTIONS
12.

Every senior resident magistrate and every resident magistrate may exercise
and perform the functions and duties of a notary public appointed pursuant to section
three in respect of the certification of acts of honour, the authentication of deeds and other
documents, the certification of deeds and other documents, and the attestation of deeds
and other documents:
Magistrates to have
limited powers of
notaries public
Provided that he shall not ordinarily exercise any such function or duty unless he is
satisfied that the services of a notary public cannot be obtained at the time when and
place where the said function or duty is required to be performed. 13. Any proper officer of the Department of Customs and Excise for the time being
in charge of any port under and for the purposes of the Customs and Excise Act may
exercise and perform the functions of a notary public in respect of minuting, noting or
extending ships' protests, and in such respect only:
Notarial powers of
certain customs
officers. Cap.

notary public in respect of minuting, noting or
extending ships' protests, and in such respect only:
Notarial powers of
certain customs
officers. Cap.

322
Provided that any such officer shall not ordinarily exercise any of such functions
unless he is satisfied that the services of a notary public appointed pursuant to section
three cannot be obtained at the time when and the port where the said function is required
to be performed.

otary public appointed pursuant to section
three cannot be obtained at the time when and the port where the said function is required
to be performed.

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14. Any person exercising any notarial functions under the provisions of section
twelve or thirteen shall use a seal bearing thereon the title of his office and in addition the
words "Notary Public ex officio". Seal of person acting
ex officio
15.

en shall use a seal bearing thereon the title of his office and in addition the
words "Notary Public ex officio". Seal of person acting
ex officio
15.

(1) Every ambassador and High Commissioner of the Republic of Zambia and
every envoy, minister and charge d'affaires thereof, and every secretary of an embassy or
legation of the Republic of Zambia, exercising his functions in any Commonwealth or
foreign country, and every consul-general, consul, vice-consul, pro-consul, consular
agent, acting consul-general, acting consul, acting vice-consul and acting consular agent
exercising his functions in any Commonwealth or foreign place may, in that country or
place, administer any oath or affirmation or take any affidavit or declaration, and also do
any notarial act which any notary public can do within Zambia; and every oath, affirmation,
affidavit, declaration and notarial act administered, sworn or done by or before any such
person shall be as effectual as if duly administered, sworn or done by or before any lawful
authority in Zambia.

, sworn or done by or before any such
person shall be as effectual as if duly administered, sworn or done by or before any lawful
authority in Zambia.

Ambassadors,
consuls, etc., abroad
to have powers of
notaries public
(2) Any document purporting to have affixed, impressed or subscribed thereon or
thereto the seal and signature of any person authorized by this section to administer an
oath or affirmation in testimony of any oath, affirmation, affidavit or act being administered,
taken or done by or before him, shall be admitted in evidence without proof of the seal or
signature being the seal or signature of that person, or of the official character of that
person. 16. Any person exercising any notarial functions under the provisions of section
twelve, thirteen or fifteen shall, in the exercise of such functions, be deemed to be an
officer of the Court. Persons performing
notarial functions ex
officio officers of Court
17. Nothing in this Act contained shall be construed as affecting the functions
conferred upon any person under the Commissioners for Oaths Act or any other written
law with reference to the administering of lawful oaths and the taking of lawful affirmations,
declarations and affidavits. Act not to affect
powers elsewhere
conferred. Cap. 33
PART V
F EES FOR NOTARIAL SERVICES
18.

king of lawful affirmations,
declarations and affidavits. Act not to affect
powers elsewhere
conferred. Cap. 33
PART V
F EES FOR NOTARIAL SERVICES
18.

(1) The fees for discharging the functions and duties of a notary public shall be
as specified in the Second Schedule. Prescribed fees
(2) The Chief Justice may, by rule made by statutory instrument, alter or revoke the
fees prescribed in the Second Schedule.

Schedule. Prescribed fees
(2) The Chief Justice may, by rule made by statutory instrument, alter or revoke the
fees prescribed in the Second Schedule.

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19. (1) Any fees received for the discharge of notarial functions or duties by any
notary public, who is a public officer or local government officer in full-time employment as
such, shall form part of the general revenues of the Republic or the general fund of the
council, as the case may be. Notarial fees of public
and local officers,
customs officers and
magistrates
(2) Any fees received by any proper officer of the Department of Customs and
Excise for the discharge of any notarial function pursuant to section thirteen shall form
part of the general revenues of the Republic. (3) Where any senior resident magistrate or resident magistrate discharges any
notarial function or duty pursuant to section twelve, the payment of the fee in respect of
such function or duty shall be denoted by affixing to the document authenticated, certified
or attested. PART VI
REVOCATION OF APPOINTMENT AND SUSPENSION OF NOTARIES PUBLIC, AND REVISION
OF ROLL
20.

ng to the document authenticated, certified
or attested. PART VI
REVOCATION OF APPOINTMENT AND SUSPENSION OF NOTARIES PUBLIC, AND REVISION
OF ROLL
20.

(1) The Chief Justice may revoke the appointment of any notary public who- Revocation of
appointment of
notaries public
(a) has been convicted of an offence under this Act; or
(b) has been convicted of an offence under any other written law and
sentenced therefor to imprisonment for a term of not less than six months
without the option of a fine; or
(c) has been adjudged guilty of misconduct in his capacity as a legal
practitioner, pursuant to the provisions of Part IV of the Legal Practitioners
Act. Cap. 30
(2) Where any notary public is convicted of an offence under this Act, or is convicted
of an offence under any other written law and is sentenced therefor to imprisonment for a
term not exceeding six months without the option of a fine, the Judge or magistrate before
whom he is convicted shall make a report thereof to the Chief Justice setting out the date
of conviction, the nature of the offence, a summary of the facts constituting the said
offence, and the sentence imposed. (3) Upon the revocation of the appointment of any notary public by the Chief Justice,
the Registrar shall remove the name of the said notary public from the Roll.

revocation of the appointment of any notary public by the Chief Justice,
the Registrar shall remove the name of the said notary public from the Roll.

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21. Any Judge may suspend a notary public temporarily from practising as a notary
public pending the result of any prosecution for an offence against this or any other written
law, or pending the determination of any proceedings brought against him under and by
virtue of Part IV of the Legal Practitioners Act. Revocation of
appointment of
notaries public
Cap. 30
22. (1) Where the Registrar has reason to believe that a notary public whose name
is on the Roll is dead, or has left Zambia and does not intend to return, he shall publish in
the Gazette a notice to the effect that unless the said notary public shall show cause to the
contrary his name will be removed from the Roll on a date to be specified in the notice, not
being less than three months from the date of publication of the notice, and, on the date
specified, if cause has not been shown to the contrary, the Registrar shall remove the
name of the said notary public from the Roll.

and, on the date
specified, if cause has not been shown to the contrary, the Registrar shall remove the
name of the said notary public from the Roll.

Revision of Roll
(2) After the name of a notary public has been removed from the Roll pursuant to
subsection (1), the Registrar shall, if possible, inform the notary, by notice sent by post
addressed to him at the address appearing in the Roll, that his name has been removed
from the Roll and the date of such removal. (3) Any notary public whose name has been removed from the Roll pursuant to
subsection (1) may, within six months from the date of such removal, apply to the Chief
Justice for the restoration of his name to the said Roll, and, if the Chief Justice so orders,
the name of the said notary public shall be restored to the Roll by the Registrar. (4) Where the name of a notary public has been restored to the Roll pursuant to
subsection (3), such restoration shall be retrospective in its effect to the date of the
removal of such name from the Roll. 23.

the Roll pursuant to
subsection (3), such restoration shall be retrospective in its effect to the date of the
removal of such name from the Roll. 23.

(1) Notwithstanding any other provision of this Act, but subject to the provisions
of subsection (2), the Chief Justice may in his absolute discretion order the name of any
notary public which has been struck off or removed from the Roll to be restored thereto,
and from the date of such order the said notary public shall be entitled to perform all the
functions of his office as such. General power of
Chief Justice to
restore name to Roll
(2) The Chief Justice shall not make any order pursuant to subsection (1) in respect
of any person whose name has been removed from the Roll of Legal Practitioners
pursuant to disciplinary proceedings under Part IV of the Legal Practitioners Act, and has
not been restored thereto. Cap. 30
PART VII
O FFENCES

oners
pursuant to disciplinary proceedings under Part IV of the Legal Practitioners Act, and has
not been restored thereto. Cap. 30
PART VII
O FFENCES

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24. Any person, not appointed and enrolled, or deemed to be appointed and
enrolled, as a notary public under this Act, who acts or purports to act in the capacity of
notary public shall be liable to a fine not exceeding three thousand penalty units or to
imprisonment for a term not exceeding six months, or to both:
Unqualified persons
acting as notaries
Provided that this section shall not apply to any person not so appointed or enrolled
who performs notarial functions conferred upon him by virtue of section twelve, thirteen or
fifteen, respectively, as the case may be. (As amended by Act No. 13 of 1994)
25. Any notary public who is suspended from practice pursuant to section
twenty-one and who, during the period of such suspension, does or purports to do any act
in the capacity of notary public shall be guilty of an offence and upon conviction shall be
liable to a fine not exceeding one thousand five hundred penalty units or to a term of
imprisonment not exceeding three months, or to both. Notary acting during
suspension, an
offence
(As amended by Act No. 13 of 1994)
26.

r to a term of
imprisonment not exceeding three months, or to both. Notary acting during
suspension, an
offence
(As amended by Act No. 13 of 1994)
26.

Any person whose name has been removed from or struck off the Roll
pursuant to section twenty or twenty-two, respectively, as the case may be, and who,
while his name remains so removed from or struck off the said Roll, does or purports to do
any act in the capacity of notary public shall be guilty of an offence and upon conviction
shall be liable to a fine not exceeding four thousand five hundred penalty units or to a term
of imprisonment not exceeding nine months, or to both. (As amended by Act No. 13 of 1994)
Notary public acting
after being removed or
struck off, an offence
27. 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, withholds
or perverts any fact or document, pertinent to the subject of a protest or other notarial act,
shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding
fifteen thousand penalty units or to imprisonment for a term not exceeding two years, or to
both. (As amended by Act No. 13 of 1994)
Misfeasance
28.

g
fifteen thousand penalty units or to imprisonment for a term not exceeding two years, or to
both. (As amended by Act No. 13 of 1994)
Misfeasance
28.

When any act constituting an offence under this Act also constitutes a
contempt of court, the provisions of this Part shall be deemed to be in addition to and not
in derogation of the power of a court to punish for such contempt. Contempt of court
PART VIII
M ISCELLANEOUS

l be deemed to be in addition to and not
in derogation of the power of a court to punish for such contempt. Contempt of court
PART VIII
M ISCELLANEOUS

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29. Any notary public admitted to practice and enrolled as such under section
seven A of the Legal Practitioners Act, Chapter 144 of the 1965 Edition of the Laws, or
under any other earlier relevant law, and who, on the commencement of this Act, is a legal
practitioner resident in Zambia shall be deemed to have been appointed and enrolled as a
notary public under and for the purposes of this Act. Existing notaries
30. (1) The Registrar shall keep and maintain a Roll of Notaries Public in which
shall be entered-
Roll of Notaries Public
(a) the name, address and signature of every person who is appointed a notary
public under this Act;
(b) the name and address of every person deemed to have been appointed as
a notary public under this Act, pursuant to section twenty-nine;
(c) in respect of every entry made under paragraph (b), a reference, by volume
number and page, to the signed entry in the Roll of Legal Practitioners in
respect of the admission of such person as a notary public under any
earlier law;
(d) such other particulars as are prescribed pursuant to subsection (2).

ect of the admission of such person as a notary public under any
earlier law;
(d) such other particulars as are prescribed pursuant to subsection (2).

(2) The Chief Justice may by rule made by statutory instrument, from time to time,
prescribe the form of the said Roll and any particulars in respect of each notary public, in
addition to his name and address, which shall be entered therein, and may, from time to
time, in like manner, alter, amend or revoke any rule made pursuant to this subsection. (3) It shall be the duty of every notary public promptly to notify the Registrar in
writing of any change of address, and the Registrar shall enter any such change of
address as soon as practicable in the appropriate place in the Roll. (4) The Roll shall be kept in the office of the Registrar and shall be available for
inspection by any person at all reasonable times during office hours. (5) For the purposes of this section, "Roll of Legal Practitioners" means the Roll of
Barristers, Solicitors and Notaries Public maintained in pursuance of the Legal
Practitioners Act, or any other earlier relevant law. Cap. 30
31.

l of
Barristers, Solicitors and Notaries Public maintained in pursuance of the Legal
Practitioners Act, or any other earlier relevant law. Cap. 30
31.

Upon the grant to any notary public of Letters Patent of the rank and dignity of
State Council for Zambia, the Chief Justice shall revoke his appointment as a notary
public, whether made under this or any other prior law, and shall order his name to be
removed from the Roll. State Counsel for
Zambia not to act as
notaries public

r made under this or any other prior law, and shall order his name to be
removed from the Roll. State Counsel for
Zambia not to act as
notaries public

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32.

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32.

The Chief Justice may, from time to time, by rule made by statutory instrument,
prescribe anything which is to be prescribed under this Act and in respect of which no
other prescribing authority is specified, and in like manner, may, from time to time, make
rules for the better carrying out of this Act and, without prejudice to the generality of the
foregoing, such rules may make provision for-
(a) forms of applications for appointment, instruments of appointment,
certificates of enrolment, complaints, reports, orders and directions and
such other forms as the Chief Justice deems appropriate for the purposes
of this Act;
(b) the form of the Roll of Notaries Public to be kept and maintained under this
Act;
(c) limiting to specified municipal, township or rural areas the exercise of
notarial functions by individual notaries public appointed under this Act;
(d) forms of records of notarial acts to be kept by notaries public;
(e) the professional practice and etiquette of notaries public and the discipline
and control of notaries public in their professional activities as such;
(f) such other matters as the Chief Justice deems to be necessary and
appropriate.

ontrol of notaries public in their professional activities as such;
(f) such other matters as the Chief Justice deems to be necessary and
appropriate.

Rules
FIRST SCHEDULE
(Section 5)
OATH OF OFFICE
I, A.B., do swear that I will faithfully exercise the office of a notary public; I will faithfully make contracts or instruments
for or between any party or parties requiring the same, and I will not add or diminish anything without the knowledge and
consent of such party or parties that may alter the substance of the fact: I will not make or attest any act, contract, or
instrument in which I shall know there is violence or fraud; and in all things I will act uprightly and justly in the business of a
notary public, according to the best of my skill and ability. So help me God.

; and in all things I will act uprightly and justly in the business of a
notary public, according to the best of my skill and ability. So help me God.

AFFIRMATION OF OFFICE
I, A.B., do solemnly and sincerely declare and affirm that I will faithfully exercise the office of a notary public; I will
faithfully make contracts or instruments for or between any party or parties requiring the same, and I will not add or
diminish anything without the knowledge and consent of such party or parties that may alter the substance of the fact: I will
not make or attest any act, contract, or instrument in which I shall know there is violence or fraud; and in all things I will act
uprightly and justly in the business of a notary public, according to the best of my skill and ability. SECOND SCHEDULE
(Section 18)
FEES FOR NOTARIAL SERVICES

and justly in the business of a notary public, according to the best of my skill and ability. SECOND SCHEDULE
(Section 18)
FEES FOR NOTARIAL SERVICES

The Laws of Zambia
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A. NOTARIAL ATTESTION Fees
1. For administering an oath or receiving a declaration of affirmation, without
attestation or signature . . . . . . . . . . . . . . . . 18
2. For administering an oath, receiving a declaration of affirmation, with
attestation or signature . . . . . . . . . . . . . . . . 45
3. For marking every exhibit or document annexed to an affidavit, declaration
or affirmation . . . . . . . . . . . . . . . . . . 15
4. For signature attested by a Notary Public in any document not otherwise
provided for in this Schedule . . . . . . . . . . . . . . 45
5. Declaration thereto for each additional notarial seal to the fastening . . 15
6. For marking document and attaching notarial seal to the fastening . . 18
7. For affixing notary signature, and seal if required, to any document not
otherwise provided for in this Schedule . . . . . . . . . . . . 30
8. Preparing certificate or authentication or legislation of notary's signature
and having the same sealed and signed by the Registrar of the High Court
or by foreign consul . . . . . . . . . . . . . . . . 68
9.

notary's signature
and having the same sealed and signed by the Registrar of the High Court
or by foreign consul . . . . . . . . . . . . . . . . 68
9.

Attestation accompanied by explanation to female to secure that she is
separately advised . . . . . . . . . . . . . . . . 68
B. ANTENUPTIAL CONTRACT
1. For preparing and attesting and, when required, completing by registration
plain antenuptial contract with no settlement of property, including signed
duplicate for wife, signed duplicate for husband and copy for deposit on
registration-(minimum) . . . . . . . . . . . . . . . . 375
C. NOTING AND PROTESTING PROMISSORY NOTES AND BILLS OF EXCHANGE
Noting against One Party
1. Presentation Fee . . . . . . . . . . . . . . 38
2. Noting protest on Bill or Note . . . . . . . . . . . . 38
3. Noting in Book . . . . . . . . . . . . . . . . 38
4. Notice . . . . . . . . . . . . . . . . . . 23
5. Copy . . . . . . . . . . . . . . . . . . 8
6. Serving Notice and Postage . . . . . . . . . . . . 30
7. Extending Protest on Bill or Note . . . . . . . . . . 38
Noting against Two Parties
8. Presentation Fee . . . . . . . . . . . . . . 60
9. Noting Protest on Bill or Note . . . . . . . . . . . . 60
10. Noting in Book . . . . . . . . . . . . . . . . 38
11. Notices (two) . . . . . . . . . . . . . . . . 38
12. Copies (two) . . . . . . . . . . . . . . . .

oting in Book . . . . . . . . . . . . . . . . 38
11. Notices (two) . . . . . . . . . . . . . . . . 38
12. Copies (two) . . . . . . . . . . . . . . . .

15
13. Serving Notices and Postages . . . . . . . . . . . . 60
14. Extending Protest on Bill or Note . . . . . . . . . . 60
Noting against more than Two Parties Fee on similar lines to the above Protesing
No extra fee is to be charged unless protest is drawn up in writing under special instructions to that effect
15. Formal protest in writing made on special instructions by client . . . . 98
16. Should the acceptor or drawer of a bill or note reside out of town and the
notary have to present the bill or note a further
Charge-
(a) For the first kilometre of journey . . . . . . . . . . 5
(b) For every additional kilometre . . . . . . . . . . 2
17. Minuting or Noting ships protest . . . . . . . . . . . . 68
18. Extending ship's protest . . . . . . . . . . . . . . 10

etre . . . . . . . . . . 2
17. Minuting or Noting ships protest . . . . . . . . . . . . 68
18. Extending ship's protest . . . . . . . . . . . . . . 10

The Laws of Zambia
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SUBSIDIARY LEGISLATION
NOTARIES PUBLIC AND NOTARIAL FUNCTIONS CAP. 35
SECTION 32-THE NOTARIES PUBLIC RULES Statutory Instrument
427 of 1968
Rules by the Chief Justice
1. These Rules may be cited as the Notaries Public Rules. Title
2. The Roll of Notaries Public shall be in the form of a book or books of fifty double
pages. The left-hand page shall be in four columns headed respectively as follows:
Roll of Notaries Public
1. Name. 2. Address. 3. Date of appointment. 4. Any other particulars required by paragraphs (c) and (d) of section thirty (1)
of the Act. The right-hand page shall be in three columns headed respectively:
5. Signature of notary. 6. Signature of Registrar. 7. Sample Seal and High Court File No. 3. An application for appointment as a notary public shall be supported by an
affidavit verifying the facts upon which the application is founded. Appointment as notary
public
4. An application for an order directing a notary public to act in execution of his
office shall be supported by an affidavit verifying the facts upon which the application is
founded.

ecting a notary public to act in execution of his
office shall be supported by an affidavit verifying the facts upon which the application is
founded.

Order directing notary
to act

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5. The forms in the Schedule shall be used for the appropriate purposes thereof. Prescribed forms
SCHEDULE
(Rule 5)
PRESCRIBED FORMS

The Laws of Zambia
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FORM 1
(Section 3 (1))
THE NOTARIES PUBLIC AND NOTARIAL FUNCTIONS ACT
INSTRUMENT OF APPOINTMENT
................... A ................... B ..................... is hereby appointed a notary public.
Chief Justice
......................(Date)

The Laws of Zambia
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FORM 2
(Section 5(2))
THE NOTARIES PUBLIC AND NOTARIAL FUNCTIONS ACT
CERTIFICATE OF ENROLMENT
It is hereby certified that A.B. was on the day of
enrolled as a notary public.
Registrar
......................(Date)
(Seal of High
Court)

ENROLMENT
It is hereby certified that A.B. was on the day of
enrolled as a notary public.
Registrar
......................(Date)
(Seal of High
Court)

The Laws of Zambia
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FORM 3
(Section 8 (2))
THE NOTARIES PUBLIC AND NOTARIAL FUNCTIONS ACT
FORM OF APPLICATION FOR ORDER DIRECTING NOTARY TO ACT
To the Chief Justice or Mr. Justice (as the case may be).
On the day of I (name of applicant) of
(address of applicant) requested
(name of notary) to perform the following notarial act/s:
....................(here set out statement of act requested).
2. The circumstances in which said request was made are as follows:
......................... (here set out the facts).
3. The said (name of notary) refused to act.
4. I hereby request that an order be made directing the said to act in (name of notary)
the execution of this office in the matter aforesaid.
Applicant
......................(Date)

der be made directing the said to act in (name of notary)
the execution of this office in the matter aforesaid.
Applicant
......................(Date)

The Laws of Zambia
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FORM 4
(Section 20 (2))
THE NOTARIES PUBLIC AND NOTARIAL FUNCTIONS ACT
FORM OF REPORT
To the Chief Justice.
.................. A .................. B .................. a notary public appointed under the Notaries Public and Notarial Functions Act,
was on the day of convicted by me of the
offence of and was sentenced to a term of imprisonment of
2. The facts relating to such conviction are as follows:
Judge or Magistrate
......................(Date)

The Laws of Zambia
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FORM 5
(Section 32)
THE NOTARIES PUBLIC AND NOTARIAL FUNCTIONS ACT
FORM OF APPLICATION FOR APPOINTMENT AS A NOTARY PUBLIC
To the Chief Justice.
I (name of applicant) of (address of applicant)
hereby apply for appointment as a notary public.
2. The facts supporting this application are set out and verified in the attached affidavit.
Applicant
......................(Date)

s a notary public.
2. The facts supporting this application are set out and verified in the attached affidavit.
Applicant
......................(Date)

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SECTION 18-THE NOTARIES PUBLIC (F EES ) RULES
Rules by the Chief Justice
Statutory Instrument
179 of 1990
Act 13 of 1994
1. (1) These Rules may be cited as the Notaries Public (Fees) Rules. (2) These Rules shall apply in respect of functions and duties performed after the
publication of these Rules. Title and application
2. The Second Schedule to the Act is hereby repealed and replaced by the
Schedule set out in the Appendix to these Rules. Repeal and
replacement of
Second Schedule. APPENDIX
(Paragraph 2)
SECOND SCHEDULE
(Section 18)
A. NOTARIAL ATTESTATION Fee
Units
1. For administering an oath or receiving a declaration of affirmation, without
attestation or signature . . . . . . . . . . . . 18
2. For adminstering an oath, receiving a delaration of affirmation, with attestation or
signature . . . . . . . . . . . . . . . . 45
3. For marking every exhibit or document annexed to an affidavit, declaration or
affirmation . . . . . . . . . . . . . . 15
4. For signature attested by a Notary Public in any document not otherwise provided
for in this Schedule . . . . . . . . . . . . . . 45
5.

. . . . 15
4. For signature attested by a Notary Public in any document not otherwise provided
for in this Schedule . . . . . . . . . . . . . . 45
5.

Declaration thereto for each additional notarial seal to the fastening . . . . 15
6. For marking document and attaching notarial seal to the fastening . . . . 18
7. For affixing notary signature, and seal if required, to any document not otherwise
provided for in this Schedule . . . . . . . . . . . . 30
8. Preparing certificate or authentication or legislation of notary's signature and having
the same sealed and signed by Registrar of the High Court or by foreign consul . . . . . . . . . . . . . . . . 67
9. Attestation accompanied by explanation to female to secure that she is separately
advised . . . . . . . . . . . . . . . . 67
B. ANTENUPTIAL CONTRACT
1. For preparing and attesting and, when required, completing by registration plain
antenuptial contract with no settlement of property, including signed duplicate for
wife, signed duplicate for husband and copy for deposit on registration-(minimum)
. . . . . . . . . . . . . . . . . . 375
C. NOTING AND PROTESTING PROMISSORY NOTES AND BILLS OF EXCHANGE
Noting against One Party

egistration-(minimum)
. . . . . . . . . . . . . . . . . . 375
C. NOTING AND PROTESTING PROMISSORY NOTES AND BILLS OF EXCHANGE
Noting against One Party

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1. Presentation Fee . . . . . . . . . . . . . . 37
2. Noting protest on Bill or Note . . . . . . . . . . . . 37
3. Noting in Book . . . . . . . . . . . . . . 37
4. Notice . . . . . . . . . . . . . . . . 22
5. Copy . . . . . . . . . . . . . . . . 7
6. Serving Notice and Postage . . . . . . . . . . . . 30
7. Extending Protest on Bill or Note . . . . . . . . . . 37
Noting against Two Parties Fee
Units
8. Presentation Fee . . . . . . . . . . . . . . 60
9. Noting Protest on Bill or Note . . . . . . . . . . . . 60
10. Noting in Book . . . . . . . . . . . . . . 37
11. Notices (two) . . . . . . . . . . . . . . 37
12. Copies (two) . . . . . . . . . . . . . . 15
13. Serving Notices and Postages . . . . . . . . . . 60
14. Extending Protest on Bill or Note . . . . . . . . . . 60
Noting against more than Two Parties Fee on similar lines to the above Protesting
No extra fee is to be charged unless protest is drawn up in writing under special instructions to that
effect
15. Formal protest in writing made on special instructions by client . . . . 97
16.

t is drawn up in writing under special instructions to that
effect
15. Formal protest in writing made on special instructions by client . . . . 97
16.

Should the acceptor or drawer of a bill or note reside out of town and the notary
have to present the bill or note a further Charge-
(a) For the first kilometre of journey . . . . . . . . . . 4
(b) For every additional kilometre . . . . . . . . . . 2
17. Minuting or Noting ships protest . . . . . . . . . . 67
18. Extending ship's protest . . . . . . . . . . . . 9
19. Furnishing copy of extended protest . . . . . . . . . . 37
20. Journeys necessarily incurred . . . . . . . . . . 1
D. TRANSLATIONS
1. For every page or part thereof . . . . . . . . . . 23
2. Attestation to translation . . . . . . . . . . . . 37
3. Translation of common attestation power of stocks . . . . . . 37
(As amended by Act 13 of 1994)