Notary Services
Consular officers at the Embassy can perform basic notary functions, such as notarization of affidavits or other documents. The service is primarily provided to American citizens, but is also provided to citizens of other countries so long as the document to be notarized is for use within the jurisdiction of the United States.
In addition, consular officers can authenticate the signatures of certain officials at the Ministry of Foreign Affairs.
Fees
The Embassy charges a fee of $30 for each notary service performed, $20 for each subsequent notary service related to the same case and executed on the same day.
No fee is charged for notarization of documents requested by the consular section for use in consular processing, or in relation to Federal or State absentee voting. However, a fee will be charged for notarization of all other documents, including those requested by the Nepali government in preparation for marriage.
As with all fees collected by the consular section, only cash can be accepted for notary services.
Types of Service
As part of its basic notary services, the consular section can provide blank formats for general powers of attorney and some typical affidavits. Consular officers can also help prepare an 'Affidavit of Eligibility to Marry', a document required by Nepali authorities before a non-Nepali may marry in the Kingdom.
Additionally, Nepali businesses or government offices may occasionally request a 'letter of no objection' from the Embassy if Americans attempt to do such diverse things as open a bank account or obtain a driver's license. The Embassy does not provide 'letters of no objection', but will provide a copy of a diplomatic note stating that no such permission is required from the U.S. government. This diplomatic note has proven to be sufficient in the past.
The consular section can also authenticate the signatures of certain officials at the Ministry of Foreign Affairs. An authentication is the placing of the consular seal over the seal of a foreign authority whose seal and signature is on file with the Embassy. This is usually the last step in authenticating a Nepali document for use in the United States. A consular authentication in no way attests to the authenticity of the contents of a document but merely to the seal and signature of the issuing authority.
For information about authenticating U.S. documents for use in Nepal, please refer to the Office of Authentication web site.
Restrictions on Notary Services
Consular officers are restricted by the same rules and ethics as notary publics in the United States. Like a notary public in the U.S., consular officers must require the personal appearance of the person requesting the notary service; establish the identity of the person requesting the service; establish that the person understands the nature, language and consequences of the document to be notarized; and establish that the person is not acting under duress.
Consular officers may refuse to perform notary services in specific limited circumstances. Bases for refusal include:
- acts not authorized by treaty or permitted by Nepali law
- acts prohibited by U.S. law or regulation
- belief of the consular officer that the document will be used for a purpose patently unlawful, improper or inimical to the best interests of the United States.
Consular officers do not typically perform certifications of copies, because of the potential for fraud.
Consular officers do not offer legal advice about the admissibility of any particular document in any particular venue. For questions concerning the admissibility in the United States of documents executed abroad, see appropriate Federal and State statutes. Questions of interpretation of specific Nepali laws should be addressed to Nepali counsel.