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Recent changes made to Notarial Practise

2022 /2024 Amendments

Power of Attorney Ordinance

Execution

  • Local- executed before two witnesses and attested by a notary public
  • Foreign-signed before an Ambassador/ High Commissioner/ Diplomatic Officer/ Consular Officer within the meaning of the Consular Functions Act, No. 4 of 1981 or a person who is authorized to attest a power of attorney according to the law of that country (No witnesses needed in terms of 2024 Amendment)

Registration

  • Local-within ONE month of execution
  • Foreign-within THREE months of execution

Documents needed

  • Original Power of Attorney
  • A true copy certified by a Notary
  • An affidavit in the form given

Extra Documents needed if the Power of Attorney is for the purpose of a transaction which
falls within the scope of section 2 of the Prevention of Frauds Ordinance

  • Documents above
  • Power of Attorney shall contain a description of the land, volume and the folio,
  • Local-copy of the bio page of the passport, National Identity Card or driving license of the grantor and attorney of such power of attorney certified by a notary public.
  • or
  • Foreign-copy of the bio page of the passport of the grantor signed by such grantor, a copy of the bio page of the passport, National Identity Card or driving license of the attorney, certified by a notary public.

Period of Validity

  • 5 years unless the validity period is specified.
  • Until revoked

Revoking

  • notify the other party of such intention;
  • execute a document declaring his intention of revoking or cancelling the power of attorney or expressing his intention not to act under that power of attorney;
    • if executed in Sri Lanka -before two witnesses and attested by a notary public; or
    • if executed outside Sri Lanka -before an Ambassador/ High Commissioner/ Diplomatic Officer/ Consular Officer within the meaning of the Consular Functions Act, No. 4 of 1981 or a person who is authorized to attest a power of attorney according to the law of that country,
  • submit such document to the Registrar General

Wills Ordinance

Execution

  • Wills executed before 5 witnesses will not be valid.
  • Only Notarially executed Wills before TWO witnesses are valid.

Prevention of Frauds Ordinance

  • Thumb impression of the executant is mandatory for all Deeds.

Notaries Ordinance

  • Recent passport size photograph of the
    • Vendor and Vendee in a Deed of Transfer
    • Donor and Donee in a Deed of Gift
    • Parties in a Deed of Exchange
    • Testator in a Will

shall be affixed to the Protocol or the Notary’s Copy of the Deed. (2024 Amendment)

Registration of Documents Ordinance

Caveats

  • Caveats can be filed only by a person who has or claims to have a right, title or interest

Required Documents

  • Caveat in Duplicate
  • Affidavit by the Caveator
  • Certificate by an Attorney at Law
  • Notices to owner/s

Cancellation