Due diligence: what a notary must check before acting

Why the checks matter

A notarial act is relied on by banks, courts, registries and foreign authorities, often by people who will never meet the person who signed. That reliance is only justified if the notary has done the work behind the seal. The Notaries Public Act, 1960 (Act 26) makes this a legal duty, not only good practice.

1. Personal appearance

The person signing, swearing or declaring must appear before the notary. At a swearing-in of new notaries, the Chief Justice specifically urged them not to notarise the signature of a person who had not appeared before them. A document signed elsewhere and brought in by a friend, relative or messenger cannot be notarised as if it had been signed in the notary's presence.

2. Identity

The notary must be satisfied about who the signer is. In practice this means an original, valid, government-issued photo identification document — such as a Ghana Card or passport — with the name on the ID matching the name on the document. Where names differ (for example, after marriage), supporting evidence may be needed.

Where a person signs for a company or institution, the notary will also look for evidence of authority to sign, such as a board resolution or other proof that the signatory is authorised.

3. Understanding and free will

The signer should understand the nature of the document and be signing it voluntarily. If the signer does not read the language of the document, an interpreter may be required. If there are signs that a person is under pressure, confused or not acting freely, the notary must not proceed.

4. A complete document

The notary reviews the document before acting: all pages present, no blank spaces left to be filled in later, and attachments identified. For certified true copies, the copy is compared against the original document itself.

5. An accurate record of time and place

Section 6 of the Oaths Act, 1972 (NRCD 6) requires every Commissioner for Oaths or Notary Public before whom an oath or affidavit is taken to state truly in the jurat or attestation the place and date on which it is taken. The courts have treated failure to comply with this requirement as a serious defect.

The duty to refuse

Act 26 does not leave refusal to the notary's convenience. Under section 6(1), where the circumstances appear to the notary to be suspicious and not to warrant the notarial act requested, the notary shall refuse to act. Under section 7, the notary must then mark the refusal on the document, with the notary's signature and the date.

A person who considers the refusal unjustified may apply to the High Court for an order calling on the notary to act, after giving reasonable notice to the notary and to any interested person (section 6(2)).

Any notary public or other person who willfully certifies or propounds any false statement or document … is guilty of a misdemeanor.Notaries Public Act, 1960 (Act 26), section 8

What this means for you

• Attend in person, with original valid ID.
• Bring the document unsigned, so it can be signed in the notary's presence.
• Bring originals of anything to be certified.
• If you sign for a company, bring proof of your authority.

These steps protect you as much as anyone else: they make your document harder to challenge and more readily accepted.

This article is general information about the law and practice in Ghana as at October 2026. It is not legal advice. For advice on a particular matter, please consult a lawyer.