What is a Notary Public and when would I need one?

What is a notary public?

A notary public is a solicitor of at least 5 years standing who has been admitted by the Supreme Court as a Public Notary. Unlike Justices of the Peace (a JP), a notary public’s signature and official seal is recognised not only in Australia but also internationally. A notary public can:

  • Authenticate the execution of documents
  • Administer oaths and take statutory declarations
  • Verify a persons identity and witness their signatures on documents for use overseas
  • Certify that a copy of a document is true and correct so that it can be legally recognised throughout the world

When will I need the services of a notary public?

If you are in Australia and you are sending documents overseas, you may need to have the documents signed or certified by a notary public.

Common situations where you may need a notary public include:

  • Sale of foreign property or businesses or with an overseas vendor/purchaser
  • Wills and probate documents involving overseas estates and beneficiaries
  • Documents for international trademark, copyright and patent applications and infringements
  • Overseas trade documentation
  • Company constitutions and accompanying documentation
  • Documents such as passports, academic qualifications and citizenship certificates

Authentication, Apostilles and Legalisation

Overseas governments sometimes need proof that Australian documents, or the signature of Australian officials are genuine before they will accept them. The Department of Foreign Affairs and Trade (DFAT) certifies that the notary public’s signature and official seal on a document is genuine and stamps the document with an authentication or Apostille.

An apostille is the legalisation of a document for international use under the terms of the 1961 “Hague Convention”. In countries which are not signatories to the Hague Convention and do not recognise the Apostille, a foreign public document must be notarised by the notary public, authenticated by DFAT and then legalised by a consular officer of the destination country.

In addition to notary services, brandU Legal can obtain an Apostille or authentication from DFAT and where necessary legalisation through the relevant embassy or consulate of the destination country.

Appointment for Notary Public Services

Our notary public is available for appointments at a time and location that suits you. You can visit our offices on Sydney’s Upper North Shore or alternatively, we can arrange to meet you at your home or office.

Need a notary public? Contact brandU Legal on +61 2 9499 9229 to make your appointment today.

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