Public Notaries Appointment Rules – Rule 12 – Public Notary’s Obligations in relation to Updating the Register

Rule 12 of the New South Wale’s Public Notaries Appointment Rules outlines the obligations of the Registrar and the appointed Notary Public in relation to ensuring that changes in the Public Notary’s details are properly recorded. Under sub-rule (a) the Registrar is required to send each person who is listed on the Roll of Public Notaries a clean copy of Form 6 in July of each year; under sub-rule (b) each Notary Public is mandated to supply the executed Form 6 to the Registrar. The executed Form 6 is to record any and all changes to the Notary Public’s details.

Under sub-rule (c), in the event that a Notary Public fails to return the executed Form 6 to the Registrar, the Registrar reserves the right to move that the name of the Notary Public be struck from the roll. That motion is made before the Supreme Court of New South Wales, but not before the Registrar gives 28 days’ notice to the defaulting Notary of the intention to so move. It is noteworthy that the language in sub-rule (c) uses the word “may”. This indicates that the Registrar’s powers to move for the removal of the defaulting Notary’s name from the roll is a discretionary one.

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 materials (whether written or not), 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.