Notary Public
What is a Notary Public?
A notary public (also called a public notary) is a public official authorised to provide various national and international services, primarily related to witnessing and certifying legal documents. Notarial services include:
- Attesting the authenticity of documents and certifying proper execution for use in Australia and abroad.
- Certifying true copies of original documents for both domestic and international purposes.
- Preparing and certifying legal documents such as powers of attorney, wills, deeds, and contracts for use in Australia and overseas.
- Administering oaths for evidence-giving.
- Taking and witnessing statutory declarations.
- Preparing and notarising ship protests.
Unlike a Justice of the Peace, who can only certify documents within Australia, a notary public can authenticate documents for international use.
Who Can Become a Notary Public?
In Australia, only senior practising solicitors can become notaries. They are appointed by a State or Territory Supreme Court. Upon appointment, each notary public receives an official seal or stamp. This seal is registered alongside their signature in a database maintained by the Department of Foreign Affairs and Trade. Both the seal and signature are recognised in Australian and international courts.
The notary places the seal next to or beneath their signature while performing notarial duties.
When Might You Need a Notary Public?
You may need a notary public for various commercial transactions, such as:
- Overseas trade documents (e.g., letters of credit)
- Contractual arrangements between foreign businesses (e.g., transfers of foreign assets, property, and land)
- International trademarks, copyright, or patent applications
At a personal level, you may require notarisation for documents intended for use overseas or those issued from another country. Notarial services may include:
- Certification of passports
- Academic transcripts and testamurs
- Citizenship certificates
- Consent to travel documentation
- Probate documents involving overseas assets
- Overseas police checks
Attending a Notary Public
When performing their duties, notaries must verify the identity of the person signing a document or swearing an oath. They must also ensure that the signatory understands the document’s nature and implications. If the signatory acts in an official capacity (e.g., as a director of a registered company), the notary must confirm their authority to act.
When seeking notary services, signatories should bring adequate identification documents (e.g., original birth certificate, driver’s licence, Medicare card, or power of attorney). These documents help verify identity and authority to act.
Before your appointment, ask about the required identification and documentation. Some documents not in English may need translation before notarisation.
Contact Us
Our firm offers notary public services. If you need assistance, please contact our notary public at [email protected] or call 02 9963 9800 for a no-obligation discussion and expert legal advice.