Obligations of a CO

There are certain minimum requirements when one operate as a CO.

Part VII deals with a register that a CO must maintained, his address of operation and his duties again.

This Part has 4 rules.

Let us look at Rule 14 which is titled 'Maintenance of register'. There are three sub-rules namely:

1) A CO must maintain a register in which he must record the particulars of the services rendered including affirmations, declarations, acknowledgments , affidavits  and other instruments which he has placed his seal. Let us look at the Register as shown in Form 7.

2)The register must be kept  at the place of business of the CO during his business hours.

3) A CO shall submit the register to the Lord President on or before the 1st day of February of each year and shall make it available to the Lord President anytime upon his request.

Rule 15 is very specific on the address of a CO. It stipulates that no CO shall change his place of business  without the prior approval in writing of the Lord President.

( This is very sensitive and must be adhered to.)

Rule 16 touches on the display of documents including the letter of appointment of the CO. It clearly states that a CO who is not a public officer, shall display, at his place of business , in a clear and visible manner-

(a) a photostat of the letter of appointment
(b)The text of Rule 11 or 12 ( whichever is applicable) and Rule 13;and
(c) a sign not exceeding 40 cm by 50 cm in size indicating that a CO is available at that location.

The Inspection Report

Lastly, we have Rule 17. this is the power of inspection by a court official.  Sub-rule(1) Rule says" The Registrar of the High Court, any Deputy Registrar  of the Supreme court or of the High Court, or any other officer of the court authorised by the Lord President may inspect the register kept by the CO during the business hours of the CO, and shall sign the register showing the date and time of such inspection.

Sub-rule (2) states that an officer conducting an investigation under Sub-rule (1) shall submit to the Chief Registrar of the Supreme Court a report in Form 8 within one week of conducting such investigation.

Register to be Maintained by a CO