You may have heard the term “notary public” going around, but were not quite sure what it means. Now, after having filled out a bunch of forms and going through so much paperwork, you’re being told by the agency or authority you’re working with that you need to get your documents “notarised.” What does it mean to get your paperwork notarised? What does a notary public do and how can they help you?
If you are currently in the process of getting paperwork assessed by a notary public Perth, you will benefit from this quick run-through about notary publics and notarisation.
A notary public is a practicing solicitor or lawyer that serves as a third-party witness to the signing of important documents. They also give the legal confirmation that the documents you present are valid and true. They provide you with the relevant information you need to be able to give your full consent when signing documents or making statements, and they make sure that you have no legal incapacity to do so.
During notarisation, the notary public renders your document authentic when they put their signature and official seal on your document. Notarised documents are acknowledged in Australia as well as overseas.
Many documents need to be notarised to make them legally binding. Whatever your reason may be, whether you are looking to go overseas or obtain property, notarisation is often a requirement you need to fulfill before you take your next actionable steps.
A notary public is not the same as a Justice of the Peace (JP).
Notaries public are senior legal practitioners who prepare, attest, witness and certify original and copied legal documents for use overseas. Many professionals in Australia can witness signatures and certify copies of documents. For the purpose of legalising your document for use overseas, (i.e. through an authentication or apostille), DFAT cannot accept documents signed by these professionals. Only documents signed by Australian notaries public or Australian consular or diplomatic officers overseas can be accepted.
Affidavits or statutory declarations are written statements that express that the information you provide in your documents are all true and correct. In cases where your paperwork requires you to provide personal information, an affidavit will usually be required just to confirm that everything checks out.
Execution of documents refers to the event where all parties come together to sign a document. The notary public confirms the identity of these parties as well as the witnesses to the execution of the document. The notary public also diligently documents the details of the signing through their log. Execution of documents usually occurs in cases of signing and transferring of deeds, activation of contracts, incorporation or merger of companies, transfer of properties or businesses.
These activities usually pose great risks on the part of either party. The notary public serves as the legal authority that witnesses either parties’ expression of consent to their legal safety nets. In cases of business transactions, it is also the notary public’s job to confirm that the signatory is signing in an official representative capacity, as they have their organisation’s permission to sign on their behalf.
This is a common service availed of by those planning to go overseas, as obtainment of visas will usually require you to present valid copies of birth certificates, marriage certificates, employment certificates, and more. When processing paperwork, you may need to submit the same document to different agencies or authorities. They are unlikely to accept copies that do not have the seal of a notary public. You will need to present verified information, and a notary public is tasked to do that for you. They will assess your document’s original copies as well as other relevant documents such as your personal identification.
Other notarial services include administering of oaths for Australian and international documents, noting and protesting bills of exchange (the document that states when and how much one party pays the other), and preparing and certifying powers of attorney, wills, deeds, and contracts.
At Lex Legal, our team of lawyers and paralegals are committed to providing you with reliable legal services. If you’re looking to get your documents notarised, give us a call today. We offer a free 30-minute initial consultation where we address your initial questions and concerns. After that, with a quick turnaround, we begin working on your case. Since we put our clients first, we offer a fixed fee arrangement.
Call us at +61(8) 9221 6366. You may also leave us a message and your contact details via the enquiry form found on our website.