Table of Contents

What is a Notary?
The Origin of Notary Public
Notary Public in Thailand
Are all lawyers Notary Public?
What documents need to be certified by a Notary Public?

What is a Notary?

   Notary Public or simply Notary refers to individuals who are deemed trustworthy and recognized in each country.

   Their duties include certifying documents, verifying the signatures of individuals involved in the document, or acting as witnesses to certify certain events or situations, all to establish credibility when the document is used further.

   Normally, documents certified by a Notary Public are used for international purposes. This is because each country has its own document format and different systems, leading to variations in how documents are processed. Therefore, many countries accept documents or signatures certified by a Notary Public of another country or state as evidence that the document or signature is genuine.

The Origin of Notary Public

   Notary Public originated from the Western world, initially in response to the need for document verification during the sending of documents between cities or villages. There was often suspicion about whether a document was genuine or forged. Of particular concern was whether the signature or handwriting on the document belonged to the real owner, as anyone could potentially sign a name, raising doubts about authenticity.

   When these issues arose, Notary Public was established by relying on individuals trusted within the community or town to provide certification for documents. This certification acted as an additional layer of assurance that the documents were properly prepared and that the signature or handwriting displayed was genuine. People would sign their documents in front of a genuine Notary Public to authenticate them.

   Subsequently, there was further development and widespread. Especially for sending documents over long distances, including internationally.Each country also established its own official seal or stamp for this purpose.

Notary Public in Thailand

   For Thailand, a Notary Public is called a “Certified Lawyer for Document Authentication,” and they are categorized within the legal profession as lawyer. This differs from many other countries where individuals from various professions can apply to become a Notary Public

   This is because Thailand, during that time, introduced the Notary Public system, believing that the profession of lawyers is trustworthy, honest, and close to the people. There are lawyers available in all areas of Thailand.
Lawyers are professionals with sufficient knowledge and ability to handle English-language documents and verify their accuracy, making it difficult for people to deceive others easily.

Are all lawyers Notary Public?

   Even though the Notary Public system in Thailand is closely linked to the legal profession of lawyers, it doesn’t mean that every lawyer can become a Notary Public.

   To become a Notary Public, obtaining a seal and registration requires undergoing training and passing an examination. It’s not simply about passing the bar exam to become a Notary Public immediately.

   Therefore, if we want a lawyer to certify our signature or documents for use in another country, we need to ask that lawyer beforehand whether they are registered and have the seal of a Notary Public.

What documents need to be certified by a Notary Public?

   All types of documents can be certified by a Notary Public, depending on the format needed for their intended use. Here are some general examples
Confirmation of identity documents for foreign pension.Many foreign receive pensions on a monthly or yearly basis from their home country’s government because they have relocated to Thailand. However, their government does not have information about their whereabouts, whether they are deceased, or have moved to another country. There is concern about transferring money to the wrong individuals, leaving it unused.

   There is typically a form provided for completion and signature, which must be sent back to their respective authorities. It is mandated in the form itself that it must be certified by a Notary Public in Thailand to verify that the foreign national has genuinely signed it (they are still alive).

   International power of attorney documents are crucial, as the destination country must ensure that the individual has genuinely signed to grant authority. Often, this involves relinquishing rights or transferring assets to another person. Therefore, in international power of attorney matters, it is essential to have a Notary Public sign and stamp the document to confirm that the individual has indeed executed the power of attorney and signed genuinely.

   Certified copies of documents are essential when using documents internationally, as each country may have different forms. For instance, in Thailand, official documents must bear the Garuda emblem. Therefore, other countries may not be sure if the copy is accurate or not, hence the role of a Notary Public. They certify that the copy is a true and accurate reproduction of the original document.