The Parliament of the Democratic Socialist Republic of Sri Lanka has recently passed the Notaries (Amendment) Act, No. 6 of 2024, bringing significant changes to the existing Notaries Ordinance (Chapter 107).
http://documents.gov.lk/files/act/2024/1/06-2024_E.pdf: Notaries (Amendment) Act, No. 6 of 2024Here’s a snapshot of the key amendments:
1. Title and Commencement:
- The Act is titled the Notaries (Amendment) Act, No. 6 of 2024.
2. Amendment of Section 28:
- Substantial changes to Section 28, requiring notaries to provide detailed information to the Registrar, and payment of any imposed sum.
3. Amendment of Section 31:
- Rule changes related to the authentication and attestation of deeds or instruments, including requirements for multi-page documents and stamping procedures.
4. Insertion of New Section 38A:
- Introduction of a new section emphasizing the duty of notaries to ascertain the true legal nature of transactions, explicitly explaining the nature of deeds to executants. Prohibits attestation of deeds misrepresenting transactions.
5. Amendment of Section 43:
- Removal of the definition of the term “executant.”
6. Amendment of the Second Schedule:
- Replacement of Form F (Register of deeds) and the addition of Form F1 (Monthly list of deeds).
7. Transitional Provision:
- Assurance that the Act does not impact deeds lawfully executed before its commencement and pending registration.
This amendment underscores a commitment to transparency, accuracy, and adherence to legal standards within notarial practices.
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