EXCHANGE OF LETTERS CONSTITUTING AN AGREEMENT BETWEEN THE GOVERNMENTS OF INDIA AND BELGIUM CONCERNING RECOGNITION OF NOTARIAL ACTS
DONE WITHIN THEIR RESPECTIVE COUNTRIES
Brussels, 16 July 1962 LETTERS
EMBASSY OF INDIA
Brussels, 21 November, 1961
The Indian Parliament adopted a law in 1952 governing the notarial profession in India. This law, known as the "Notaries Act ;2 (No.
53 of 1952)", entered into force on 14 February 1956. paragraph 8 enumerates the functions of notaries in India. Following in extract
from this paragraph:
8. Functions of Notaries : (1) A notary may do all or any of the following acts by virtue of his office namely
(a) verify, authenticate, certify or attest the execution of any instrument;
(b) present any promissory note, hundi or bill of exchange for acceptance or payment or demand better security;
(c) note or protest the dishonour by non-acceptance or non-payment of any promissory note, hundi or bill of exchange or protest for
better security or prepare acts of honour under the Negotiable Instruments Act, 1881 (XXVI of 1881), or serve notice of such note or protest;
(d) note and draw up ship's protest, boat's protest or protest relating to demurrage and other commercial matters;
(e) administer oath to or take affidavit from any person;
(f) prepare bottomry and respondentia bonds, charter parties and other mercantile documents;
(g) prepare, attest or authenticate any instrument intended to take effect in any country or place outside India in such form and
language as may conform to the law of the place where such deed is intended to operate;
(h) translate, and verify the translation of any document from one language into another;
(i) any other act which may be prescribed.
(2) No act specified in sub-section (1) shall be deemed to be a notarial act except when it is done by a notary under his signature
and official seal".
Paragraph 14 of the same Act empowers the Central Government to conclude reciprocal arrangements with foreign countries. This paragraph
reads as follows :
"14. Reciprocal arrangements for recognition of notarial acts by foreign notaries:
If the Central Government is satisfied that by the law or practice of any country or place outside India the notarial acts done by
notaries within India are recognised for all or any limited purposes in that country or place, the Central Government may, by notification
in the Official Gazette, declare that the notarial acts lawfully done by notaries within such country or place shall be recognised
within India for all purposes or, as the case may be, for
such limited purposes as may be specified in the notification."
In view of the increasing trade between India and Belgium, the Government of India is desirous of concluding such arrangements with
Belgium on the basis of reciprocity.
We should be pleased to secure the agreement of the Belgian Government to the reciprocal recognition of notarial acts done in our
I have the honour to be,
His-Excellency the Minister for Foreign Affairs and Foreign Trade,
MINISTRY OF FOREIGN AFFAIRS AND FOREIGN TRADE
Brussels 16 July, 1962
I have the honour to refer to your letter of 21 November, 1961, No. 18 (1)/61, and to inform you that the Belgian Government, which
in view of the increasing trade between Belgium and India is also desirous of securing agreement on the reciprocal recognition of
notarial acts done in our respective countries, hereby signifies its approval of the following:
Acts done by a notary in India under paragraph 8 of the "Notaries Act 1952 (No. 53 of 1952)" which entered into force in India on 14 February 1956, shall be recognized in Belgium.
This exchange of notes :
(a) As regards India, comes under the provisions of paragraph 14 of the law known as the "Notaries Act 1952 (No. 53 of 1952)" which entered into force on 14 February 1956.
(b) As regards Belgium, comes within the scope of the rule of. Belgian private international law lex loci actus, which provides
that a notarial act shall be recognized as authenticity if it is performed in accordance with the law of the plan where the instrument
was drawn up.
Your letter referred to above and this letter shall constitute the Arrangements concluded in this matter between
the two Governments. I have the honour to be.
Minister for Foreign Affairs
His Excellency Mr. K.B. Lall,
Ambassador of India