Notary Public

What is a Notary Public?

In NSW, A Notary Public is a practising legal practitioner (with a minimum of five(5) years practicing experience), who is appointed for life by the NSW Supreme Court, and given statutory powers to witness documents, administer oaths, and perform other wide-ranging administrative functions of a national and international nature.

Functions of a Notary Public

A Notary Public does principally the following:

Attests documents and certifies the due execution of such documents for use in Australia and other overseas countries.
Prepares and certifies certain documents such as Wills, Deeds, Contracts, Powers of Attorney and other similar documents for use in Australia and overseas countries.
Witnesses signatures to Affidavits, Statutory Declarations, Powers of Attorney and other similar documents for use in Australia and other overseas countries.
Notarising resolutions, minutes and any such similar documents relating to corporate governments.
Noting and protesting Bills of Exchange.
Noting and protesting Ships' Protests.
Verification of documents issued by government and quasi-government departments.
Verification and execution of all documents in relation to intellectual property.

Legalisation of Notarised Documents for Use Overseas

In addition to the requirement to have a document notarised, many countries also require the Notary's signature and seal to be "legalised" or verified before any notarised document can be acted upon 1961.

Legislation is carried out by the Australian Department of Foreign Affairs and Trade (DFAT) or by consular officers of the country where a notarised document is required depending on whether that country is a member of the 1961 Hague Apostille Convention. In some cases, both are required. We will be able to advise you on the appropriate legalization process.

All Notaries' seals and signatures are officially recorded in a data base held the Department of Foreign Affairs and Trade (DFAT), a government department authorised to issue Apostille or Authentication Certificates authenticating the signatures, seals or stamps of Notaries on Australian public documents.

Cost of Notarial Services

In NSW, there is a recommended scale of fees for services performed (click here to view the Notary NSW website). Usually, Watson & Watson charges in accordance with this scale, although you should contact our office to confirm charges prior to making an appointment.

Please note that the provision of any telephone advice to you is only a general discussion to assist as to whether you wish to instruct us. A telephone discussion should not be construed as legal advice and cannot be relied upon. Legal advice upon which you can rely, can only be properly provided by us to you at or after an initial conference. We are not responsible for any action you may take or fail to take based upon the provision of our telephone advice to you. Please contact us if you wish to arrange a conference.

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