What is a Notary Public

Table of Content

• What is a Notary?
• Types of Notaries and Their Functions
• Examples of Documents Requiring Notary Services
• Steps for Proper Legal Notarization
• Choosing Notary Services Appropriately
• Conclusion

What is a Notary?

A Notary, or Notary Public, is an individual authorized to certify signatures and documents to confirm that these documents are genuine and legally valid.

Therefore, Notary services enhance the security of transactions involving documents.

Those qualified to perform this role must be certified and licensed by the relevant authority.

In Thailand, this means that a lawyer must be certified and licensed by the Lawyers Council first.

The roles and responsibilities of a Notary include

• Signature Certification

This involves verifying and certifying that the individual signing the document is indeed the person they claim to be, thereby preventing document forgery.

• Certified Copy of Documents

This service certifies the accuracy of copies of documents, such as passports,

household registration documents, legal papers, or documents used in international transactions, confirming they match the original.

• Legal Documents Certification

This service is crucial when documents are used for legal actions abroad, such as contracts, appointing lawyers, or granting power of attorney.

• Witnessing Signatures

A Notary acts as a witness to the signing of documents, confirming the identity of the signer through identification cards or relevant documents.

Types of Notaries and Their Functions

The types of Notaries can be classified into several categories

Traditional Notary (Notary Public)

This is the common form found in many countries, such as the USA, Canada, and the UK, which utilize a common law system.

Their primary role is to create ordinary documents, which do not serve as formal records. In case of legal disputes,

evidence must be presented in court (which is the model used in Thailand).

Main functions include

• Certifying signatures on legal documents, such as contracts, wills, or business papers.
• Certifying that copies of documents are accurate replicas of the originals.
• Acting as a witness for the signing of important documents.
• Certifying legal testimony or oaths of truthfulness.
• Civil Law Notary
  Found in countries using a civil law system, such as Japan, France, Germany, Spain, or Latin American countries.Their role includes compiling and preparing documents as stipulated by law, which are considered public documents.In legal disputes, the civil law notary must testify to the authenticity of these documents in court.

Main functions include

• Providing services for various documents related to transactions,
  such as real estate sales, estate management, and appointing heirs.
• Drafting legal documents such as sales contracts,
  wills, and business agreements.
• Certifying signatures and providing legal verification of documents.
• Serving as a “consultant and contract drafter”
  with direct enforceability in court.
• Notary Signing Agent
  A specific type of Notary focused on financial or loan transactions, particularly in the USA.

Main functions include

• Certifying loan documents
  mortgages, or home equity loans, as well as other financial documents related to credit transactions.
• Witnessing the signing of property sale documents
  such as land deeds or home sale contracts.
• International Notary
  A Notary type with a role at the international level, certifying documents needed outside the jurisdiction of the originating country.

Main functions include

• Certifying documents required for use abroad
  such as power of attorney documents, wills, or company formation documents in foreign countries.
• Providing certification for legal documents related to international transactions.
• Preparing Apostille documents (certified by governmental agencies for use abroad).
• Online Notary (Remote Notary)
  A form of Notary that certifies documents via online systems, which has gained popularity in the digital age, such as in the USA and other countries that allow online transactions.

Main functions include

• Certifying signatures on documents via online platforms, allowing signers to sign digitally through video calls.
• Verifying documents online and providing certification similar to standard procedures.
• Increasing convenience for signers who cannot visit a Notary’s office in person.

Examples of Documents Requiring Notary Services

In Thailand, Notaries or attorneys certifying documents play a crucial role in confirming the authenticity of documents.

Documents requiring Notary services are typically related to legal transactions, business, and international documentation.

Examples of documents often requiring Notary services in Thailand include

Documents used in business and trade

• Memorandum of Association
  A document related to company registration submitted to the Department of Business Development.
• Shareholder Meeting Minutes
  A document recording resolutions from shareholder meetings, such as changes in directors or issuance of additional shares, which may require certification of the meeting resolutions.
• Business Contracts
  Such as purchase contracts, employment agreements, loan agreements, or mortgages, which may require signature certification of the contracting parties.
• Power of Attorney
  To authorize another person to act on behalf, such as signing business documents or conducting various legal actions.

Documents used in legal matters

• Wills
  Documents related to asset management after death, where the testator can use Notary services to certify their signature and confirm authenticity.
• Affidavits or Declarations
  Documents providing sworn statements or testimony in court or legal proceedings to confirm facts in a case.
• Legal Agreements
  Legal documents such as divorce agreements or property division agreements requiring accuracy and reliability.

Documents used for travel and relocation

• Passport and Visa Application Documents
  Documents needed for applying for or renewing passports or visa applications that may require certification.
• Travel Consent for Minors
  If a guardian cannot travel with a child, a travel consent letter may need signature certification.

Documents used for education

• Academic Transcripts
  Such as diplomas or academic records for further study or job applications abroad, which often require Notary services for document certification.
• Certificates and Diplomas
  Required for use abroad, often needing certification for authenticity.

Documents related to international transactions

• International Sales Contracts
  Contracts related to international buying or selling that require certification from a Notary for the documents to be enforceable abroad.
• Overseas Company Registration Documents
  Such as branch office registration or business establishment documents abroad, which may require certification from a Notary before submission to foreign authorities.

Documents related to property

• Transfer of Ownership Documents
  Such as transferring ownership of homes, land, or other properties that must be certified for legal validity.
• Mortgage and Loan Agreements
  For mortgages or loan agreements related to properties requiring accuracy and signature verification.

Documents used in court proceedings

• Legal Complaints and Testimonies
  Documents necessary for filing complaints or proceeding in court, where certification ensures the correctness and reliability of the filing.
• Bail Documents
  Documents related to bail that require certification from a Notary to be valid in legal proceedings.

Steps for Proper Legal Notarization

Notarizing documents legally in Thailand involves strict adherence to procedures to ensure that the certification complies with legal regulations and is practically usable.

The steps include

1. Document Verification
Before certifying any document, the Notary (Notary Public) must verify the type of document for notarization, which could be

• Documents requiring signature certification.
• Documents needing certified copies.
• Documents requiring oaths or testimony.

2. Identity Verification
Confirming the identity of the individual requesting notarization is crucial to prevent forgery. Typically, the requester must present identification, such as a national ID card or passport.

The lawyer will check

• Name and surname match the identification.
• Photograph on the ID matches the individual.
• ID number and other details are correct.

3. Document Accuracy Verification
The lawyer must verify the content of the document for certification, ensuring

• Completeness without errors that may cause future harm.
• The document is eligible for certification under the law (e.g., documents containing incorrect or illegal content cannot be certified).

4. Signing and Sealing
Once the lawyer confirms the document’s accuracy, the requester must sign the document in the presence of the lawyer (if it is a signature certification).

The lawyer will then

• Sign the certification document in the designated area.
• Affix the Notary Public seal on the document to confirm proper certification.

5. Administering Oaths or Testimony (if applicable)
If the document requires an oath or testimony, the lawyer must verify and have the requester give the legally accurate oath or testimony, then certify those testimonies.

6. Record Keeping
The lawyer must document the certification process, which may include

• Details about the individual seeking certification.
• Type of document certified.
• Date and time of certification.
• Other necessary information for future verification.

7. Delivering the Certified Document
Upon completion of the certification, the lawyer will provide the signed and sealed document to the requester.

8. International Certification
If the document is needed abroad, after being certified by a Notary,

it may need additional certification (Apostille) by the Ministry of Foreign Affairs of Thailand to ensure its validity in other countries that are parties to the Hague Convention

or it may require certification from the embassy of the country where the document will be used.

Choosing Notary Services Appropriately

Choosing the right Notary service is crucial because document certification is linked to reliability and legal enforceability.

The appropriate choice of Notary can help ensure that the documents you intend to use are accurate, complete, and compliant with legal requirements, both in Thailand and abroad.

Here are guidelines for selecting Notary services

• Verify Qualifications
  Check the Notary’s qualifications and licenses, ensuring they have been authorized by the relevant authority.
• Consult Experience
  Look for a Notary with relevant experience in the type of document you need to certify, especially for complex or legal documents.
• Inquire about Fees
  Understand the fee structure, ensuring that it is reasonable and clearly stated.
  Confirm any additional costs for document copies or other services.
• Check Availability
  Confirm that the Notary is accessible when you need to schedule the certification.
• Review Recommendations
  Seek recommendations or read reviews from others who have used their services for reliable opinions.
• Consider Accessibility
  Determine whether the Notary is conveniently located or offers online services for flexibility.

Conclusion

In conclusion, Notary services play an important role in ensuring the authenticity and legality of documents in various transactions, whether local or international.

The functions of Notaries vary by type, and understanding these distinctions helps individuals and businesses choose the right services for their needs.

Following the proper procedures for notarization ensures that the certified documents will be reliable and legally binding.

Article by Kroekkiat