Notaries (Amendment) Act 2022 · As enacted
16. Amendment of section 31 of the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Section 31 of the principal enactment is hereby amended as follows:-
by the substitution for the rule (3) thereof, of the following: -
He shall not require, permit, or suffer any executant or any witness to any deed or instrument executed or to be executed before him to sign or make a mark of such executant or witness, or such executant to affix the left or right thumb impression or any other finger impression or toe impression, as the case may be, to such deed or instrument or any duplicate or protocol, or require such executant or witness to sign or make the mark of such executant or witness and such executant to affix the left or right thumb impression or any other finger impression or toe impression, as the case may be, upon any paper or other material intended to be used afterwards for any such purpose, until the whole of such deed or instrument shall have been written or engrossed thereon, and in any event no signature or affixing of the left or right thumb impression or any other finger impression or toe impression of such executant shall be obtained for any deed or instrument on a blank paper or in any incomplete form.”;
by the substitution for the rule (4) thereof, of the following:-
He shall not authenticate or attest any deed or instrument unless the same is written, typed or printed on durable parchment paper or blue sheet.”;
“Signature not to be taken on blank papers or incomplete forms
“Material on which deeds may be written
by the substitution for the rule (5) thereof, of the following:-
(a) He shall authenticate or attest any deed or instrument which is written on one entire undivided parchment paper or blue sheet; or
where he uses two or more separate sheets of paper, he shall-
number every page;
place his signature on each such paper;
and
cause every executant, holder of power of attorney
(thereinafter referred to as the “attorney”), or authorized person of a corporate body, as the case may be, to place his signature and affix left or right thumb impression or any other finger impression or toe impression to each such paper.”;
by the substitution for the rule (6) thereof, of the following: -
He shall not authenticate or attest any deed or instrument unless he has an assurance that the required stamp duty is provided.”;
“Deeds to be written on divided or undivided paper
“Assurance of the payment of the required stamp duty
by the insertion, immediately after rule (7) thereof, of the following new rule: -
(a) Notwithstanding anything to the contrary in this
Ordinance or any other written law, any stamp duty which is required to be paid in respect of any deed or instrument relating to a transfer, a gift or an exchange executed under any written law, shall be paid by the notary;
The original receipt received by the notary as the proof of such payment, from the relevant State bank shall be affixed to the duplicate of the deed or instrument;
The copies of such receipt shall be affixed to the original and the protocol of such deed or instrument.”;
in rule (9) thereof, by the substitution for the words,
“He shall not authenticate or attest any deed or instrument unless the person executing the same be known to him or to at least two of the attesting witnesses thereto;” of the words “He shall not authenticate or attest any deed or instrument unless one of the executants to the deed or instrument or the two attesting witnesses be known to notary or by the identity of the executants to a deed or instrument is established by such notary by inspection of the national identity card, bio-page of the passport or the driving licence of such executants;”;
“Stamping of document relating to a transfer, a gift or an exchange
by the substitution for the rule (14) thereof, of the following: -
He shall, before any executant or witness signs or makes a mark and before any executant affixes his left or right thumb impression or any other finger impression or toe impression, ascertain the full names of the executant and witnesses to such deed or instrument and if an executant to any deed or instrument is a corporate body, cause to be affixed the seal of the corporate body and obtain the signatures of the board of directors or any person authorized by the board by resolution to sign such deed or instrument and if the name of such executant or witness differs from the name given in the identification documents of such executant or witness, he shall, in his attestation of such deed or instrument, describe such executant or witness by such name and by the name written in the signature. Where the executant is a body corporate, he shall attach a copy of the board resolution authorizing the executant to sign such deed or instrument to the protocol of such deed or instrument.”;
by the insertion, immediately after rule (15) thereof, of the following new rule: -
“Full names of executants and witnesses to be ascertained
. (1) (a) Every-
executant;
corporate
attorney ; or his finger
board of directors or the authorized person of a corporate body;
deed or property executing a deed or instrument in respect of an immovable property, in addition to the provisions of rule (15)
shall affix his thumb impression of any hand above or beside his signature to the original, duplicate and the protocol of such deed or instrument;
where such thumb impression of an executant, an attoney or board of directors or an authorized person of a corporate body cannot be obtained, such an executant, an attorney or an authorized person of a corporate body shall affix his finger impression of any hand or toe impression, above or beside his signature to the original, duplicate and the protocol of such deed or instrument;
where a deed or instrument is signed by an attorney, such attorney shall submit to the notary an affidavit affirming that the Power of Attorney is genuine and in force and the grantor is alive when executing such deed or instrument;
where the transferee is a minor, the legal guardian or guardian, as the case may be, shall be a competent person to act on behalf of the transferee for the purpose of this section.”;
“Executant, an attorney, authorized person of a body to affix impression to instrument in respect of an immovable
in rule (16)–
in paragraph (a) thereof, by the substitution for the words, “the assessment number and the name, if any, of the street in which it is situated.”, of the following: -
“the assessment number and the name, if any, of the street in which it is situated and in the case of a condominium property, where the condominium parcel can be identified, the description of such condominium parcel and other elements, and where the condominium parcel cannot be identified, the whole land or the land parcel.”; and
in paragraph (b) thereof, by the substitution for the words from “which it is a share:
Provided, however” to the end of that paragraph of the words “which it is a share.”;
by the repeal of paragraph (b) of rule (17) thereof, and the substitution therefor, of the following:-
“(b) (i) he shall obtain from the Registrar of the relevant Land Registry the certified extract of the folio containing the last entry pertaining to such land or immovable property containing the ownership and the registered encumbrances relating to such land or immovable property;
he shall, if any previous deed has been registered write in ink or print at the on the front page of the deed the number of the volume and the folio in which the previous deed has been registered; and
in the case of a deed of transfer or a deed of gift, or deed of exchange or a will, he shall affix to the original of such deed or instrument passport size certified photographs of the parties, to which the notary has affixed his seal and shall keep copies of such national identity card, passport or driving licence attached to the protocol;”;
by the addition, immediately after paragraph (b)
thereof, of the following new paragraphs: -
“(c) he shall write on the front page of the deed his full name, number assigned to the notary, address of his office and telephone number. If he is a legal officer working in any organization, entity or company, he shall specify the registered address of such organization, entity or company;
if a party to any deed or instrument is a corporate body he shall retain a certified copy of the certificate of incorporation or other instrument establishing such corporate entity and details of board of directors; and
in the case of a deed in relation to a trust, he shall, state the names, addresses and national identity card numbers of trustees who are acting under a Trust Deed and the provision of such Trust Deed under which they are empowered to execute the deed, in the attestation, and retain a copy of the trust deed.”;
in rule (20) thereof,–
by the repeal of paragraph (b) thereof, and the substitution therefor of the following:-
“(b) whether the executants of the said deed or instrument are known to him or whether he has identified them by the inspection of the national identity card, bio-page of the passport or the driving licence or whether the witnesses thereto are known to him and in the latter case he shall specify which of the executants or the person acknowledging are known to the said witness,”;
by the repeal of paragraph (e) thereof, and the substitution therefor, of the following:-
“(e) whether any money was paid or not in his presence as consideration or part of the consideration of the deed or instrument, and if paid, the actual amount in local currency of such payment and if the payment is made by cheque, pay order, bank draft or a banker’s cheque the details of such instrument shall be set out in the attestation, in proof of such payment.”;
in paragraph (g) thereof, by the substitution for the words “affixed thereto.” of the words
“affixed thereto; and”; and
by the addition, immediately after paragraph (g) thereof, the following new paragraph: -
“(h) in the case of a will–
set out in the attestation of the will that the testator was in good and sound mind to execute the will; and
enter in the deed register maintained by him, the number assigned to such will, the date and the name of the testator.”;
by the repeal of rule (27) thereof;
by the substitution in rule (30) thereof, from the words
“he shall preserve a true copy of the registered power of attorney with his protocol” to the end of that rule, of the words “he shall annex a certified copy of the power of attorney obtained from the Registrar General to the original, and true copies to the duplicate and the protocol thereof.”;
by the insertion, immediately after rule (30) thereof, of the following new rule:-
It shall be the duty of every notary to submit for registration to the
Registrar, every deed or instrument attested by him before the expiry of thirty days from the date of attestation thereof:
Provided that, where such deed or instrument is required to be registered outside the jurisdiction in which he is practicing, he shall submit such deed
“Submission of a deed or instrument for registration or instrument for registration before the expiry of sixty days from the date of attestation.”.