We can help if you need the services of a notary.

A notary (also referred to as a notary public or public notary) is a practising lawyer appointed by Statute or Commission to hold a unique public office. They have the internationally recognised power and authority to prepare notarial certificates for international use. This includes documents such as contracts and deeds, authenticated by the notary’s signature and official seal, in a manner which renders them acceptable to the judicial or other public authorities in the countries in which they are produced.

The seals and signatures of all appointed public notaries are officially recorded onto a database held by the Department of Foreign Affairs and Trade (DFAT). DFAT is authorised to issue Apostille or Authentication Certificates, which certify that the signatures, seals, or stamp of Public Notaries on Australian public documents are genuine.

A notary public also has the authority to administer oaths to the effect that a person signing a legal document was in fact, under oath when doing so. Notaries also perform other administrative functions of an international nature and can provide official verification of the identities of the signing parties enough to satisfy the Courts and to verify statements made as accurate and therefore, legally binding.

What are a notary’s prime responsibilities?

• To attest/affirm and certify legal documents for use internationally, including powers of attorney, wills, deeds and contracts
• To administer oaths for use internationally
• To witness affidavits, statutory declarations and other documents for use internationally
• Exemplification of official documents for use internationally (i.e., make an attested copy of a document under seal)

When might I need the services of a Notary?

The services of a notary may be required for a range of commercial transactions such as overseas trade documents (letters of credit), contractual arrangements between foreign businesses (transfers of foreign assets, property and land) and matters concerning international trademarks, copyright or patent applications.

On a personal level, you may need documents notarised if they are to be used overseas or have issued from another country. Notary services may include the certification of passports, academic transcripts and testamurs, citizenship certificates and consent to travel documentation, probate documents where overseas assets form part of an estate, and overseas police checks.

Attending a Notary Public

Notaries must confirm 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. If the signatory is acting in an official capacity (such as a director of a registered company), the notary must be satisfied that the person has capacity to act in that manner.

Some documents that are not in English may need to be translated before they can be processed by a notary.

If you are attending a notary public, you will need to bring sufficient identification documents (for example, original birth certificate, driver’s licence, Medicare card, power of attorney) to verify your identity and, where relevant, authority to act.

When making your appointment we will obtain details of the services you need and explain the identification and other documents required.

If you need any assistance, contact [email protected] or call 02 8005 6577 for expert legal advice.