A guide to Notary Public Services
Whether you plan to purchase a property overseas, are managing an international business transaction or are dealing with a foreign personal matter, you may be required to provide documents that have been formally verified in Australia. This is where Notarial services are essential. A Notary Public provides independent verification of documents, signatures and identities for Australian documents to be accepted and relied upon overseas.
However, the requirements are not always straightforward. The process can vary depending on the type of document, the country in which it will be used and the requirements of the authority receiving it.
Understanding when Notarial services are required, what documents may need to be Notarised and what to expect from the process can help avoid delays and ensure that documents are correctly prepared for their intended use overseas.
A Notary Public is an experienced lawyer who is authorised to perform specialised functions relating to the verification and authentication of documents. In Australia, Notarial services are most commonly required where a document is to be produced, relied upon or given legal effect in another country.
The role of a Notary Public varies depending on the document and its intended use. A Notary Public may witness the execution of a document, verify the identity of a signatory, certify a copy of an original document or witness a document. In commercial matters, a Notary Public may also verify the authority or capacity of a person signing on behalf of a company or other entity.
Once the necessary enquiries and verification steps have been completed, the Notary Public may prepare a Notarial certificate and apply their official signature and seal to a bound document. This provides independent confirmation of the relevant act and allows the document to be recognised by foreign governments, courts, companies and other authorities.
A wide range of personal and commercial documents may require Notarisation.
Personal documents commonly presented to a Notary Public include passports, drivers’ licences, birth certificates, marriage certificates, death certificates, police checks, academic qualifications and university transcripts.
Power of attorney documents, affidavits, statutory declarations and documents relating to foreign estates and succession matters are also documents that tend to require Notarial certification before a Notary regularly.
In a commercial context, documents requiring Notarisation may include company constitutions, certificates of registration, leases, company extracts, board resolutions, commercial agreements, banking and finance documents and instruments authorising a director, employee or other representative to act on behalf of a company overseas.
The appropriate Notarial Act will depend on the nature of the document and the requirements of the receiving authority. Where a copy is to be certified, the Notary Public is required to inspect the original document. Where a signature is to be witnessed, the document must generally be executed in the presence of the Notary Public.
Additional enquiries may be necessary where a document is executed on behalf of a company or other entity. This may include verifying the existence and status of the entity and confirming the authority of the individual executing the document on its behalf. This may include verifying a copy of the Corporation’s registration certificate or other ASIC records.
Australian documents intended for use overseas frequently require Notarisation. However, Notarisation does not necessarily complete the process.
Depending on the destination country, a Notarised document may also require an Apostille or Authentication. In unique circumstances, further legalisation through the relevant foreign embassy or consulate may also be required.
A document required for an overseas property transaction, for example, may be subject to different requirements from a document provided in support of a citizenship application or an international commercial transaction.
It is therefore important to obtain clear instructions from the foreign lawyer, government agency, financial institution, court or other organisation that will receive the document. Where written instructions have been provided, they should always be made available to the Notary Public before the appointment. This allows the requirements to be considered in advance and may reduce the risk of the document being delayed or rejected overseas.
Before attending an appointment, you should provide the Notary Public with a copy of the document, scanned copies of your identification documents (if applicable), details of the country in which the document will be used and any instructions received from the foreign authority. This allows the Notary Public to assess the requirements in advance and identify whether any additional documentation or further authentication may be required.
At the appointment, you should bring the original document requiring Notarisation, relevant supporting documents and current photographic identification, such as a passport or driver licence. If you are signing on behalf of a company, further documents may be required to confirm your authority to do so.
You should not sign the document before the appointment if your signature is required to be witnessed by the Notary Public.
The process will depend on the document and its intended use. The Notary Public will review the document, confirm the requirements of the receiving authority and undertake the necessary verification. This may involve confirming your identity, witnessing your signature, certifying a copy of an original document or verifying your authority to act on behalf of a company.
Once the relevant checks have been completed, the Notary Public will execute the appropriate Notarial certificate by annexing their unique seal and signature. Where required, the document may then proceed for an Apostille, authentication or further legalisation before it is ready for use overseas.
When selecting a Notary Public, consideration should be given to the Notary’s experience in dealing with documents intended for international use.
Engaging a law firm with experience in Notarial and international document requirements can assist in ensuring that the correct process is followed and reduce the risk of delay and rejection when the document is presented overseas.
Chamberlains Law Firm assists individuals and businesses with a broad range of personal and commercial documents intended for use overseas.
Our Notarial services are provided exclusively by Marissa Dimarco, Director of the Newcastle office and Corporate, Commercial & Property.
Marissa has previously assisted with the certification of documents, witnessing of signatures, powers of attorney documents and other situations requiring Notarisation for international use.
To arrange an appointment with Marissa Dimarco, or to discuss the requirements applicable to your documents, contact our Newcastle office.
Get clear, practical advice on Notary Public services and international document requirements, contact our Corporate & Commercial Law Director, Marissa Dimarco, on 1300 676 823.