Notary Public
We provide a range of notarial services including:
- attesting the authenticity of documents and certifying their proper execution for use in Australia and overseas
- verifying documents for use in Australia and internationally
- preparing and certifying powers of attorney, wills, deeds, contracts, and other legal documents for use in Australia and overseas
- administering oaths for the giving of evidence
- taking and witnessing statutory declarations
- noting and protesting bills of exchange
- preparation of ships’ protests
What is a Notary Public?
A notary public (or public notary) is a public officer authorised by law, and appointed by a state or territory court, to carry out a range of national and international official services in relation to the witnessing and certification of legal documents.
A notary public may authenticate a range of national and international documents.
How do you become a notary public?
To be appointed a notary public in New South Wales, a person must:
- hold a current Australian practising certificate (as a solicitor, legal practitioner or barrister)
- have at least five years’ experience in the practice of law
- have completed the prescribed Notarial Practice Course
- apply through the Legal Profession Admission Board
Notary publics have their own official ‘seal’ or ‘stamp’ which is registered with their signatures and stored in a database held by the Department of Foreign Affairs and Trade. The seal is placed alongside or underneath the notary’s signature on the document that is being authorised, certified, or witnessed.
When would I need the services of a notary public?
Notarial services may be required for international commercial transactions such as the notarising of overseas trade documents, letters of credit, or contracts between foreign businesses. Notarial services may also be needed for certain international trademark, copyright, or patent matters.
Personal documents such as passports, academic transcripts, citizenship certificates, and marriage certificates may need to be notarised for them to be accepted overseas. The notification process shows that they are valid and genuine documents.
Attending a notary public
When performing their duties, notaries must verify the identity of the person signing a document or swearing an oath. The notary must also make an informed decision that the signatory is not legally incapacitated (has sufficient mental capacity) and understands the nature and effect of the document being signed and/or attested.
You will need to bring sufficient identification documents, for example, original birth certificate, passport, driver’s licence, Medicare card, etc.
If the signatory is acting in an official capacity (such as a director of a registered company or as a power of attorney), the notary must be satisfied that the person has authority to act in that capacity. In such cases, the signatory may need to provide a power of attorney as well as personal identity documents.
Documents that are not in English may first need to be translated before they can be administered or authorised.
If you need assistance, contact one of our lawyers at [email protected] or call 02 9181 4777 for a no-obligation discussion and for expert legal advice.