Public Notaries Appointment Rules (NSW) – Form 1 – Application for Appointment as a Public Notary

Form 1 is used by candidates who wish to apply for appointment to the office of Notary Public in New South Wales. The form is contained at the end of the Public Notaries Appointment Rules, in what could be described as the first “schedule” but which is not formally headed as such.

The Form 1 acts partly as a ‘control sheet’ for the collation of documents that are necessary for the Board to consider before it makes a determination as to the entitlement and suitability of a candidate for appointment under Rules 2 through to 4. Those documents will include:

  • A certified copy of the candidate’s certificate of admission to practice law in the state of New South Wales.
  • An original certificate from the Law Society of New South Wales which confirms that the candidate has indeed held a practicing certificate for an unbroken period of five years. This “certificate” will take the form of correspondence on the Society’s letterhead which provides the relevant confirmatory information to the Board.
  • A certified copy of the candidate’s current practicing certificate.
  • A certified copy of the certificate that testifies to the candidate’s completion of the requisite “Notarial Practice Course”, unless an exemption has been offered under Rule 3, in which case a copy of the relevant document evidencing the Boards exemption is to be attached in lieu of the relevant certificate of course completion.
  • An executed original Form 157, which is a form that attests that the candidate has sworn an Oath of Office before a Registrar of the Supreme Court of New South Wales. The Form 157 is not contained in the Public Notaries Appointment Rules because it was established pursuant to the power of Rules 1.11 and 82.4 of the Supreme Court Rules 1970 (per Section 122 Supreme Court Act 1970 (NSW)). Accordingly, the format and text of the Form 157 can instead be found in Schedule F of the Supreme Court Rules themselves.

Upon being collated by the candidate, the above documents are marked “A” through to and including “E” in sequence, and attached behind the Form 1. By executing the face of Form 1, the candidate then further stipulates that he has:

[N]ever been suspended from practice or found guilty of professional misconduct or unsatisfactory professional conduct since the date of [his] admission and that to the best of [his] knowledge and belief no proceedings are now pending to strike [his] name off the roll of lawyers or to suspend [him] from practice.

This part of the Form 1 ensures that the candidate is a person of good standing before the legal fraternity and equally, that the candidate is not of ill repute in the eyes of the public. In the event that the candidate cannot in good faith subscribe to the above, but still wishes to apply for appointment to the office of Public Notary, he must:

[B]ring to the notice of the Board the facts set out in the document signed by [him] and annexed hereto marked ‘F’ and ask[s] the Board to consider whether those facts adversely affect [his] application.

The candidate then stipulates that a copy of the Form 1 along with its annexures “A” through to “E” (or including “F”, as the circumstance may require) have all been duly provided to the Secretary of the Society of Notaries, and lastly, enclose the proscribed fee for the application.

The form is executed and dated, and the particulars of the candidate are entered, including the candidate’s name, address, the address of the firm (if any) at which the prospective Notary Public practices law, telephone, facsimile and DX (Document Exchange) numbers.

It is recommended that applicants ensure that they use the correct forms, as updated, before lodging any application. More information can be obtained from the Law Society or the Legal Practitioners’ Admission Board.

Notarial services in Sydney (mobile in Milsons Point, McMahons Point, Kirribilli and surrounds) can be offered to meet an individual’s requirements, such as the witnessing of documents, the authentication of written materials or objects, the taking of declarations, as well as the preparation of other notarial certificates intended to be utilised by non-Australian authorities, non-government organisations (NGO) or other private institutions located outside the Commonwealth. If you are looking for a Public Notary in Sydney, we look forward to hearing from you.

This article is based on reprint No. 1 (6 Sep. ‘13) of the Public Notaries Appointment Rules (NSW) as in force at 23 Sep. ‘08. This brief article is provided for generalist knowledge purposes only and is not to be treated as legal advice. This short article is copyright to the writer.
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