A public notary (notary public or notary) is a public official with special authority to witness papers, administer oaths, and carry out other administrative duties. They are typically practising lawyers. A notary public can witness and sign documents for use both domestically and abroad. To create certain certificates or execute company functions, you may need a public notary to witness your signature. This article explains what happens when you see a public notary and what you should bring.
1. What Do I Need to Do?
The first step is to contact a public notary to explain what you require. The public notary will ask to see the request for the notarial act or other instructions, to understand the requirements. The public notary will then make an appointment with you to attend their office in person.
2. What Do I Need to Bring?
You need to bring the request for the notarial act or other instructions to be cross-referenced by the public notary. You will generally also need to bring 100 points of identification, including photo identification and identification that confirms your current address (for example, your passport and your driver’s licence). If any relevant document is not in English, the public notary may require you to bring a translation or require that you make a translation for the original document.
Continue reading this article below the form3. What Happens When I See the Notary?
The public notary will check your identification, including your photo and address, and confirm the request for the notarial act or other instructions. They will discuss this with you to ensure you understand what is required.
The public notary will create the necessary notarial certificate, witness the required documents, or perform the other task required. Finally, the public notary will sign and seal the notarial certificate with their official seal.
4. What Kind of Tasks Can a Public Notary Perform?
A public notary can provide a notarial certificate to identify and prove a person’s identity for an international purpose. For example, a public notary can certify a person’s identity with Australian identification for an international transaction. In addition, the public notary can:
- provide a general certificate over the execution of documents; and
- witness and certify that a particular person has executed documents for international use.
5. How Do I Use a Document Internationally?
A public notary can explain what is required to use the notarial certificate in an international country. There are different requirements for different countries. For example, if a notarial certificate is for use in China, the key steps are as follows.
Step 1: Authentication with DFAT
Firstly, the client or the public notary must apply to the Australian Department of Foreign Affairs and Trade (DFAT) to authenticate the document. The client or public notary can do so by lodging a Legalisation Request Form and the Notarial Certificate with the DFAT Australian Passport Office.
DFAT will certify that the public notary’s signature and seal are genuine by checking it against the public notary’s signature and seal on the DFAT file. Then, depending on the complexity, DFAT can provide the authentication document on the same day or the next business day.
Step 2: Authorisation With the Chinese Embassy
Once DFAT authenticates the Notarial Certificate, the client or the public notary must apply for the Chinese Embassy to authenticate the document. If the document was notarised in New South Wales, the application must be lodged with the Chinese Consulate in Sydney.
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Key Takeaways
Each State or Territory has public notary registers which include notaries available in an area around you. You can find these details online or contact your local council for further information. Before you see a public notary, you will need to prepare the correct identification documents and bring them to your appointment.
LegalVision cannot notarise a document to verify your identity. However, if you need advice on a contract or legal document for Australian or international use, our experienced contract lawyers can assist as part of our LegalVision membership. You will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
A public notary (notary public or notary) is an official with special authority to witness papers, administer oaths, and carry out other administrative duties.
A notarised document is a document that has been certified by a Justice of the Peace (JP) or a Notary Public. This authority will confirm the identity of the person signing the document, witness their signature, and then affix their stamp or seal to the document.
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