At some point in many people’s lives, they will require the services of a notary public. A notary public or notary, performs a number of functions, including the witnessing, certification and attestation of documents, the issuance of notarial certificates and the administration of oaths and affirmations. Notaries play a critical role in the commercial landscape of Barbados - in particular for cross-border transactions - in ensuring the due execution of documents and in facilitating the recognition and acceptance of documents across borders. Notaries provide a means by which trust and integrity with documentation is enhanced and instances of fraud and forgery are reduced.

Given the fast-paced and time sensitive nature of many transactions, ready accessibility of notaries becomes very critical to the ease of doing business. On September 1, 2024, the new Notaries Public Act came into operation in Barbados, replacing the previous Notaries Public Act of 2017 and heralding a welcome expansion of its predecessor’s scope. Prior to the new legislation being passed, persons who wished to use the services of a notary would be required to appear in person before one of a limited list of public officers, including the Registrars of the Supreme Court, the Corporate Affairs and Intellectual Property Office and the Land Registry, certain Permanent Secretaries, the Solicitor-General and their respective Deputies. Attendance at the registries and other relevant government offices often proved to be inconvenient for persons as the process frequently involved long waiting times and the limited availability of notaries.

Under the new legislation, Attorneys-at-law, Chartered Accountants, and persons with professional or business experience who, in each case, can demonstrate at least 15 years of practice and experience, can now apply to be notaries. These professionals are more accessible and are often involved in the same transactions for which the notarised documents are required. Increased accessibility reduces delays and streamlines various business activities and commercial transactions, including those requiring legal, financial and business documents. The increased accessibility is also beneficial where notarial acts are required on an urgent basis for non-commercial matters such as those related to medical, travel or personal identification. Notably, the change will also reduce the burden on the notaries who are public officials, who have other responsibilities.

The new Act aligns Barbados with many developed countries and small island developing states in terms of improving accessibility to notarial services. The Act also contemplates the introduction of regulations to allow for remote notarisation, where persons would no longer have to be physically present before the notary, in certain prescribed circumstances. These regulations have not yet been passed but reflect the growing trend of virtual notarisation across the globe, accelerated by the Covid-19 pandemic. This modernisation of legal services represents a positive indicator that Barbados is adapting to global business trends and digital transformation.

While the expansion of the eligibility for notaries is a welcomed change, any such expansion must be balanced with preserving the integrity of the office. In this regard, the legislation provides for certain capacity requirements; applicants are also required to produce character references and a police certificate of character. Additionally, a training course is required for professionals other than Attorneys-at-law and there are penalties for acts of misconduct and non-compliance with the provisions of the legislation. These rigorous requirements enhance reliability and provides crucial security for foreign investors who rely on the authenticity of documents and legal processes in foreign jurisdictions. The legislation also prescribes fixed fees to be charged for notarial acts, and notaries are restricted from charging fees higher than these. Notably, there is no change in the fees from the previous regime; notaries may however choose to waive the fees entirely. The fixed fees allow for predictability and certainty in budgeting with transactions and encourages integrity of the office.

Applications to be appointed as a notary must be made in the prescribed form contained in the Act accompanied by the required supporting documents and the prescribed fee. This fee must be paid annually, failing which the appointment to act as a notary lapses. There is also a duty for notaries to keep a register of all notarial acts – a carry over from the previous legislation; this is particularly useful for verification of the details of the execution of documents, where necessary. The Act is silent on the documents required for verification of the identity of persons who appear before a notary; notaries should however be mindful of the provisions of the Data Protection Act as well as the Anti-Money Laundering legislative framework when performing notarial acts.

The introduction of the Notaries Public Act 2024 signals a step in the right direction, demonstrating a commitment to improving the ease of doing business in Barbados. By broadening the criteria for who can become a notary and introducing the possibility of remote notarization, the Act not only enhances the efficiency of commercial activities but also aligns Barbados with global standards. The efficacy of the legislation will however still be contingent on the volume of professionals that apply to be notaries, as well as the speed at which necessary regulations are passed to address open items such as training and remote notarisation. Despite the progressive changes in the Act, it maintains rigorous measures to uphold the integrity and trust associated with notarial acts, ensuring that the expansion in accessibility does not compromise the quality and reliability of notarial services. This balance of accessibility and accountability positions Barbados to better meet the demands of a dynamic global business environment, fostering a more robust and responsive legal framework for commerce and beyond.

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Ruth J. Henry
Attorney-at-Law
Chancery Chambers