Notary Public system widens in overhaul

Parliament has passed new legislation to modernise and expand the country’s notary public system, a move hailed as a significant step towards easing the way business is done in Barbados.

In a significant update to the nation’s legal infrastructure, the Notary Public Bill potentially streamlines processes for both local and international transactions requiring notarisation to address long-standing inefficiencies.

The Notary Public Bill, which cleared the Senate on Wednesday and heads to the President for signature, broadens the pool of eligible notaries and streamlines the notarisation process.

Senator Gregory Nicholls, speaking in support of the bill, highlighted the challenges faced under the previous system, where notarial services were limited to a small number of public officers at the registrar level.

“Very frequently, we would come across clients who would require documents to be notarised,” the government lawmaker told the Upper Chamber. He explained that registrars, burdened with multiple responsibilities, often struggled to provide timely notarial services. “The registrars have to deal with their day-to-day business of running the administration of the courts, sit as judicial officers, and deal with the public on simple matters,” he said.

The new legislation expands eligibility for notary public appointments to include attorneys and chartered accountants in good standing. This expansion is expected to alleviate bottlenecks and improve public access to notarial services, particularly for urgent overseas transactions.

Senator Nicholls emphasised that the reform includes regulatory provisions to prevent potential abuses. “The government will always have the ability to rein in any conduct associated with the discharge of the service,” he declared.

The bill sets regulated fees for notarial services, including $50 for issuing a notarial certificate and $10 for certifying exhibits. It also mandates an electronic register of notaries to the public to ensure ongoing compliance and accountability.

“The integrity of the system is maintained, and not people taking advantage of the situation, making a one-off application, and then discharging the services without being able to give confidence to the registrar that you are providing the services in the manner required by the law,” Senator Nicholls said.

Responding to criticism from Opposition Senator Tricia Watson about the bill’s rapid progression through Parliament, Senator Nicholls dismissed the claims as “flatulence of the highest order”. He insisted the legislation had been on the order paper for a considerable time and should not be controversial.

Senator Nicholls underscored the importance of the reform for Barbados’ business environment. “This legislation is one of those bills that will come to our Parliament, not sexy in any way, but necessarily important,” he said, arguing that the changes would facilitate business operations and enhance the efficiency of the legal system.