NOTARIES PUBLIC ACT 1959

Notwithstanding any other law to the contrary, where any person has been appointed to be a notary public before the coming into force of this subsection and no period is specified in that appointment, the appointment shall cease to have effect upon the expiry of the period of two years from the date of coming into force of this subsection.

Nothing in subsection (1A) shall be construed as preventing the reappointment under subsection (1) of any person whose appointment has ceased to have effect by virtue of subsection (1A), and every such reappointment shall be deemed to be a new appointment.

No person shall be appointed to be a notary public unless he is a practising advocate or a pleader licensed under the Pleaders and Petition Writers Enactment of the State of Terengganu [Tr.59 of 1356] and who was so licensed before 1 January 1956:

Provided that in any place in which a suitable advocate is not available for appointment, the Attorney General may, in his discretion, appoint a public officer to be a notary public, and any fees received by a public officer so appointed in respect of his functions as a notary public shall be paid into the Consolidated Fund.

The Attorney General shall not make any appointment under this section without consulting the Bar Council or, in relation to Sabah or Sarawak, without consulting the State Attorney General.

In making any appointment under this section the Attorney General shall have regard to the number of notaries public already practising in the place where the applicant proposes to practise and to the convenience of the inhabitants of such place, but, subject as aforesaid, the Attorney General shall have absolute discretion in making or refusing to make any such appointment and there shall be no appeal from his decision.

If it shall appear to the Attorney General or, where the place of practice is in Sabah or Sarawak, to the State Attorney General, that any notary public is about to be absent from his place of practice for a period exceeding one month, the Attorney General or the State Attorney General, may appoint any person, being a practising advocate, to be a notary public temporarily during the absence of that notary public.

No temporary appointment of a notary public shall have effect for a longer period than twelve months and any such appointment shall lapse on the death or on the return to his place of practice of the notary public on account of whose departure the appointment was made.

Every appointment under subsection (1) or (5) and the lapse of every temporary appointment under subsection (6) shall be published in the Gazette.

Privileges of notaries public

Without prejudice to the generality of the powers and functions conferred by subsection (1), a notary public may—

has exercised any of the functions of a notary public outside his place of practice, the Attorney General or the State Attorney General, as the case may be, shall, by order under his hand, revoke the appointment of that person and shall cause the order to be published in the Gazette.

Penalty for exercise of functions of notary public by unauthorized persons

for the guidance and control of persons entitled to exercise the functions of a notary public under this Act;

to fix the fees payable to notaries public;

to fix the fees payable by any person on appointment as a notary public:

Provided that no such rule shall require any fee to be paid in respect of any appointment as a notary public deemed to have been made by virtue of subsection 8(1); and

prescribing the powers and functions of notaries public.

All rules made under this section shall be published in the Federal Gazette or the Sabah or the Sarawak State Gazette, as the case may be.

Saving

(Omitted).

The name of every person who has been deemed to have been appointed a notary public by virtue of subsection (1) shall, within three months of the coming into force of this Act, or such longer period as the Attorney General may in any particular case permit, be published in the Gazette; and such publication shall be conclusive evidence of the right of every such person to practise as a notary public under this section.

Repeal and transitional provisions

Notwithstanding the repeal of the said Ordinance any rules made thereunder and in force immediately before the commencement of this Act shall, so far as they are not inconsistent with this Act, be deemed to have been made under this Act, and shall continue in force until revoked or repealed by rules made under this Act, and shall, unless the context otherwise requires, apply and have effect throughout Peninsular Malaysia.

Act 115

LIST OF AMENDMENTS

Amending law Short title In force from

Act 14/1960 Notaries Public (Amendment) 30-05-1960 Act 1960

Act 7/1961 Notaries Public (Amendment) 01-06-1961 Act 1961

L.N. 98/1965 Modification of Laws (Notaries 18-03-1965 Public) (Extension and Modification) Order 1965

Act 160 Malaysian Currency (Ringgit) 29-08-1975 Act 1975

P.U. (A) 357/1980 Subordinate Courts Act 01-06-1981 (Extension) Order 1980

Act A501 Notaries Public (Amendment) 01-08-1991 Act 1980

Act A885 Constitution (Amendment) 24-06-1994 Act 1994

Act A992 Notaries Public (Amendment) 27-06-1997 Act 1997

Act 115

LIST OF SECTIONS AMENDED

Section Amending authority In force from

3 Act 14/1960 30-05-1960

Act A501 01-08-1991

Act A992 27-06-1997

4 Act 7/1961 01-06-1961

5 Act 14/1960 30-05-1960

6 Act 160 29-08-1975

7 Act 7/1961 11-06-1961

Act A885 24-09-1994