Statute Details
- Title: Notaries Public Act 1959
- Act Code: NPA1959
- Type: Act of Parliament (Singapore)
- Current status (as provided): Current version as at 27 Mar 2026
- Latest revised edition referenced: 2020 Revised Edition (in operation from 31 Dec 2021)
- Commencement date: Not specified in the extract provided (the Act is shown as “[18 March 1965]” in the source)
- Long title: “An Act relating to notaries public.”
- Key provisions (from extract): Sections 1–8 (including appointment, privileges, misconduct/revocation, unauthorised practice, and rule-making)
What Is This Legislation About?
The Notaries Public Act 1959 (“NPA”) establishes the legal framework for the appointment, regulation, and conduct of notaries public in Singapore. In practical terms, it answers a core question for practitioners and the public: who may act as a notary public in Singapore, what they may do, and what happens if they are unfit or if others attempt to perform notarial functions without authority.
The Act is designed to align Singapore’s notarial practice with established common-law traditions—particularly those associated with notaries public in England—while also tailoring the scope of notarial powers to Singapore’s legal system. It does this by conferring “powers and functions ordinarily exercised by notaries public in England”, but then carefully carving out limits on certain oath/affidavit functions for use in Singapore courts.
Finally, the NPA provides enforcement mechanisms. It empowers the Senate (as the appointing and regulatory authority) to revoke appointments in specified circumstances, and it creates a criminal offence for unauthorised persons who exercise notarial functions within Singapore. The Act also delegates rule-making authority to the Chief Justice, enabling detailed operational guidance (including fees and prescribed powers).
What Are the Key Provisions?
1. Appointment and eligibility (Section 3)
Section 3 is the gateway provision. The Senate may appoint “fit and proper persons” as notaries public for a period not exceeding 12 months. The Act imposes a clear professional eligibility requirement: the appointee must be a practising advocate and solicitor in Singapore and must have practised for at least 7 years.
Section 3 also builds in institutional checks and practical considerations. The Senate must consult the Council of the Law Society of Singapore before making an appointment. In deciding whether to appoint, the Senate must have regard to (i) the number of notaries already practising in the place where the applicant proposes to practise and (ii) the convenience of inhabitants of that place. Despite these considerations, the Senate retains “absolute discretion” to make or refuse appointments, and there is no appeal from its decision. For practitioners, this means appointment decisions are not readily contestable through administrative or judicial review pathways based solely on the merits of the Senate’s discretion (though general public law principles may still be relevant in extreme cases).
2. Temporary appointments for absence (Section 3(5)–(6))
If a notary public is about to be absent from Singapore for more than one month, the Senate may appoint a practising advocate and solicitor temporarily during that absence. Temporary appointments cannot exceed 12 months and lapse either on the notary’s death or on the notary’s return to Singapore. This provision is important for continuity of notarial services, particularly for clients needing time-sensitive notarisation.
3. Publication in the Gazette
Appointments (including temporary appointments) and certain regulatory actions must be published in the Gazette. This publication requirement supports transparency and helps practitioners verify whether a person’s notarial authority is current.
4. Privileges and scope of notarial powers (Section 4)
Section 4 confers the substantive authority to act. A notary public has and may exercise within Singapore all powers and functions ordinarily exercised by notaries public in England. This is a broad grant, but it is not unlimited.
The Act contains a significant limitation: except to the extent necessary to give effect to Section 4(3), the general powers do not include power to administer any oath or affirmation in connection with any affidavit or statutory declaration executed for use in any court or place within Singapore, or to take or attest such affidavit or statutory declaration. In other words, notarial authority in Singapore is not a blanket substitute for court-related affidavit processes within Singapore.
Section 4(3) then clarifies when notaries may administer oaths/affirmations and take/attest affidavits/statutory declarations. A notary may administer an oath or affirmation in connection with affidavits/statutory declarations executed for specific purposes, including: (i) confirming or proving due execution of a document; (ii) matters concerning a vessel (by a master or crew member); and (iii) affidavits/statutory declarations intended for use in a court or place outside Singapore. The notary may also take or attest those affidavits/statutory declarations. This structure is practically important for cross-border transactions—e.g., corporate filings, immigration documents, or evidence intended for foreign proceedings.
5. Misconduct and revocation (Section 5)
Section 5 provides that if the Senate believes a notary public has become bankrupt or made an arrangement with creditors, has been struck off the roll of advocates and solicitors, or has been found guilty of professional or other misconduct rendering them unfit, the Senate must revoke the appointment by order and publish the order in the Gazette. This is a mandatory revocation trigger once the Senate forms the relevant view.
6. Voluntary revocation (Section 6)
Section 6 allows the Senate to revoke a notary’s appointment if the notary requests revocation. The revocation is done by notification in the Gazette. This is relevant for notaries who retire, change practice focus, or no longer wish to maintain notarial status.
7. Offence for unauthorised practice (Section 7)
Section 7 is the enforcement provision. Any person who exercises within Singapore any functions of a notary public otherwise than in accordance with the Act commits an offence. On conviction before a District Judge, the person is liable to a fine not exceeding $10,000. For legal practitioners, this provision is a reminder that “notarisation” is not merely a service label—there is a statutory boundary around who may perform notarial functions and under what authority.
8. Rules and fees (Section 8)
Section 8 empowers the Chief Justice, after consultation with the Senate, to make rules for: guidance and control of persons entitled to exercise notarial functions; fixing fees payable to notaries public; fixing fees payable to the Singapore Academy of Law by persons on appointment and renewal; and prescribing the powers and functions of notaries public. Rules must be published in the Gazette and come into force on publication or a later specified date. This means that while the Act sets the legal foundation, operational details—especially fees and procedural guidance—may be found in subsidiary rules.
How Is This Legislation Structured?
The NPA is a short, eight-section statute. It follows a logical sequence:
Section 1 provides the short title.
Section 2 defines key terms, including “notary public” and “Senate”.
Section 3 governs appointment and temporary appointment, including eligibility, consultation, discretion, and Gazette publication.
Section 4 sets out privileges and the substantive scope of notarial powers, including important limits on oaths/affidavits for use in Singapore proceedings.
Section 5 addresses misconduct and mandatory revocation triggers.
Section 6 provides for voluntary revocation upon request.
Section 7 creates an offence for unauthorised exercise of notarial functions.
Section 8 delegates rule-making to the Chief Justice, including fees and further specification of powers/functions.
Who Does This Legislation Apply To?
The Act primarily applies to (i) the Senate as the appointing and regulatory authority, and (ii) persons appointed as notaries public. A “notary public” is defined as a person appointed under Section 3, but the definition excludes persons whose appointment has been revoked under Section 5. This matters for verification: once revoked, the person no longer holds statutory notarial status.
It also applies indirectly to the wider public and to legal service providers. Section 7 applies to “any person” who exercises notarial functions within Singapore without complying with the Act. Therefore, the offence is not limited to lawyers; it is about unauthorised performance of notarial functions, regardless of the actor’s professional background.
Why Is This Legislation Important?
The NPA is important because it provides legal certainty around notarial authority in Singapore. For practitioners, the Act helps determine whether a notarial act is performed by a properly appointed notary and whether the notary’s powers extend to the specific document and purpose at hand—particularly where affidavits or statutory declarations are involved.
The Act’s most practical significance often arises in cross-border matters. Section 4’s limitation on administering oaths/affirmations for affidavits/statutory declarations executed for use in Singapore courts means that lawyers must be careful about the intended use of the affidavit or statutory declaration. If the document is for use outside Singapore, the notary’s authority is expressly supported. If it is for use within Singapore, the Act restricts the notary’s role in administering oaths/affirmations and taking/attesting such documents, except as necessary under the specified exceptions.
From an enforcement perspective, Section 7 deters unauthorised practice. In practice, this reduces the risk of defective notarisation and helps protect clients who rely on notarial certificates for foreign filings, corporate governance, or evidentiary requirements. The Senate’s misconduct and revocation powers further ensure that notarial status is tied to professional standing and fitness.
Finally, Section 8’s rule-making authority means that practitioners should not read the Act in isolation. Fees, guidance, and potentially additional procedural detail may be set out in subsidiary rules made under Section 8 and published in the Gazette. For transactional work, confirming the current rule set and fee schedule is often essential.
Related Legislation
- Singapore Academy of Law Act 1988 (defines the Senate as constituted under this Act)
- Law Society of Singapore / Legal Profession Act 1966 (requires consultation with the Law Society Council for appointments)
- Law Act 1988 (listed in the provided metadata as related legislation)
Source Documents
This article provides an overview of the Notaries Public Act 1959 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.