A Notary Public is a term that refers to an attorney who possesses in-depth knowledge of a set of legal facts, and the processes prescribed therein. A Notary Public needs to be admitted and authorised by the High Court to witness signatures, draw and attest contracts and statements, and authenticate the validity of certain documents. This office is held to a higher standard of care than an attorney since the nature of the services they provide is extremely ethical and requires specialist knowledge.
What does a Notary do?
Part of a Notary's duty is to screen the individuals who sign important documents for their true identity, their awareness of the contents of the document or transaction, and their willingness to sign without coercion or intimidation. Some situations require a Notary to put the individual under oath, declaration under penalty of perjury that the information contained in a document is true and correct.
A Notary Public has to have impartiality as a foundational value. They need to be duty-bound and thus cannot act in situations where there is personal interest. The public trusts that the Notary's screening tasks are corruption-and self-interest free. Impartiality also assures that a Notary never refuses to serve a person due to their religion, race, nationality, politics, sexual orientation, or status as a non-customer.
By law, the following documents need to be drawn up by a Notary:
- Antenuptial Contracts
- Long-term Leases
- Servitudes (personal and praedial)
- Cession of Rights in Sectional Title Schemes
- Notarial Bonds
A Notary Public is also needed to certify a range of legal documents, including:
- Marriage certificates
- Birth certificates
- Death certificates
- Single status certificates
- Divorce certificates
- Police clearance certificates
- Powers of attorney
- Copies of IDs or passports
- Educational documents
Other duties can include: Administering the oath or affirmation; witness and authenticate the execution of documents for use inside and outside of a country; protest bills of exchange; and prepare ship protests.
How to become a Notary Public
You can become a Notary if you meet the eligibility requirements and complete all of the steps your country includes in its commissioning process. The process varies from county to country, but generally, it entails filling out an application, paying an application fee, taking a training course, passing an exam, filing your bond and oath of office, and finally buying your Notary supplies. Get the best training to become a Notary Public and take the notarial examination.
Notary Public training
Qualifying as a Notary is a straightforward process, and prospective candidates are normally required to pass an online exam and a background check. The requirements are country-specific, thus you can search online for the requirements of becoming a Notary in your specific country. Notaries undergo continuous training in the form of online classes, seminars/webinars, and workshops, offered by local colleges and the National Notary Association.
A universal requirement for a Notary is that they must be 18 years and older. They also need to reside in the specific country where they are licensed to operate. It is crucial that they do not have a history of any felonies and/or any convictions for misdemeanors. This proves their ethicality.
Notary Public salary in South Africa
Salary estimates based on salary survey data - collected directly from employers and anonymous employees- provides an average Notary Public gross salary of R143,761 (equivalent hourly rate of R69) in South Africa. In addition, a Notary Public can earn an average bonus of R2,085. An entry level Notary Public (1-3 years of experience) can earn an average salary of R111,370. Whereas, a senior level Notary Public (8+ years of experience) can earn an average salary of R172,439 per year.
The estimated Notary Public Salary in 2027 equals R179,153.
Based on salary survey compensation data, the estimated salary potential for Notary Public will increase 25% over 5 years.
What are notarial deeds?
Notarial deeds are documents that are required to be notarised. This entails a Notary having to draft up the document prior to it being signed and witnessed in the presence of the Notary. Notarial deeds include, among other things, ante-and-post nuptial contracts, deeds of servitude, deeds of cession of usufruct, notarial leases, trust deeds of donation and notarial bonds.
Notarial deeds are in the possession of the Notary Public for safekeeping. All other records of these types of documents are registered in the Notary’s protocol to prove that the documents have indeed been drafted and attested to.
People also ask
Who can be a notary public in South Africa?
When an admitted attorney has passed their practical notarial examination and their application to the High Court of South Africa has been approved, they can be admitted and enrolled as a Notary Public and further serve in this office.
Where can I notarise documents in South Africa?
You can notarise documents through Home Affairs, at most embassies, DIRCO, the High Court, and at Document Services Notarisation in Cape Town, Pretoria, and Johannesburg South Africa.