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Rohan Gupta (.)     22 January 2021

Notary Public and Contracts

What are the essential ingredients to accomplish an assignment agreement?
Is it essential to notarize an assignment agreement ?
Validity of notary in an assignment contract ?
(please provide supporting rules)

 2 Replies

Kevin Moses Paul   22 January 2021

The Assignment must be duly notarized and written out or stamped on a stamp paper of the right value or denomination. The notarization is mandatory if the assignee wishes to register the trademark in a foreign country.

Notarial Affidavits denotes verification of person making a legal declaration. It is used as a documentary evidence before the Court of Law. However a specific declaration before any concerned authority like LIC, Bank or any govt office is valid for a period of six months from the date of swearing in.

Notarizing a document does not make the document legally binding. All notarizing a document does is act as evidence that the person who is alleged to have signed the document did so under their own free will.

The notary doesn't have any basis to establish the legality of the contents of a document. Since agreements are also a type of contracts as per Indian Contract Act (ICA), 1872 the essential elements for both are same.

You may find about this from a clicking on the link down below.

Rohan Gupta (.)     22 January 2021

Thankyou for the detailed solution.
Could you please provide supporting UK laws for this proposition- Notarization is mandatory if the assignee wishes to register the trade mark in a foreign land ?

Is notarization a common practice or are their any specefic rules in relation to the above mentioned ?

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