Documents such as property transactions, business contracts and affidavits often require notarization. This is to confirm that they are authentic and recognised legally both in Thailand and abroad.
The Lawyers Council of Thailand is on top of this issue, offering training courses and granting licenses to lawyers who can be Notary Public. These legal superheroes can do cool stuff such as verify signatures and oaths, and certify documents and translations.
What is a Notary Public?
A Notary Public in Thailand is a licensed official that authenticates legal documents and signatures, and attestation of affidavits or sworn statements or testimonies. This is a crucial role in countries that are hubs for international business and trade, as it helps validate the authenticity of documents. Notarization can be a requirement for many types of documents, including passports, birth certificates, marriage certificates, divorce decrees, and more.
In Thailand, the Lawyers Council of Thailand provides attorneys with a special role called Notarial Services Attorney which allows them to carry out these functions. This is regulated by the Lawyers Act B.E. 2528. Notarial Services Attorneys have a full stamp and seal on their certificates to prove that they are performing these functions as prescribed under the law.
Documents notarized by a Notarial Services Attorney can be used in Thailand for various purposes, though it is important to check with the requesting organization or agency on whether or not they will accept this type of certification. Especially, if the document will be couriered abroad as it will have to be legalized at the Ministry of Foreign Affairs in order for it to be used in another country. This is because Thailand is not a part of the Hague Convention on the Legalization of Foreign Public Documents, or commonly known as an Apostille.
What are the responsibilities of a Notary Public?
A Notary Public, or notary officer, is an official appointed by the state to authenticate signatures and documents. They are authorized to witness oaths and affirmations, verify identities, and certify copies of original documents. They stamp their seal and signature on the document, which serves as a legal validation of its authenticity.
Notarized documents are widely accepted in the international community, especially in countries with a similar legal system. For this reason, they are often used in property transactions or business contracts that involve overseas parties. In addition, many embassy forms or other government-related documents require notarization for their validity.
Often, documents that need notarization will be required to present the signatory in person. This is so that the Notary can see their identity and verify that they are who they claim to be. The signatory is also asked to verify their address, which is then recorded on the document.
While Thailand does not have Notary Public offices, the Lawyers Council has rules in place that allow some lawyers to act as Notarial Services Attorneys, essentially acting like the official document superheroes for documents that will be used abroad or at foreign embassies in the country. These attorneys are trained, certified and licensed to perform the same functions as a Notary Public in other countries. They are able to verify signatures, witnesses affidavits and statements of persons under oath and certify documents for use in other countries.
How do I find a Notary Public?
If you require a legal document to be authenticated for use in another country, you might need it notarized. You can get this done in the office of your embassy or at a Notary Public. It’s best to consult the embassy of the country you want to use the document in, so you know what’s needed.
In Thailand, the equivalent of a Notary Public is an attorney designated with the role of “Notarial Services Attorney.” These attorneys are licensed to perform authentication services regulated by the Lawyers Act B.E. 2528. These professionals are trusted by embassies, foreign courts, and international institutions because they adhere to established rules without exercising significant personal discretion.
The process of getting documents notarized usually involves bringing all the necessary documents to the Notarial Services Attorney, who will verify their authenticity and witness signatures. After that, they will affix their seal and signature to the documents. If the documents are to be used abroad, they may also need to be legalized by the Ministry of Foreign Affairs or foreign embassy for international use.
As a hub for business in Southeast Asia, Bangkok sees countless people who require notarized documents for various reasons. Whether they’re signing contracts, applying for a visa, or opening a bank account, it’s important to have their documents notarized by a professional so they’ll be recognized both within Thailand and internationally.
How much does a Notary Public charge?
In most countries, a Notary Public is an official who certifies legal documents and witnesses oaths. Notaries also put their seal on these documents to certify they are genuine. In Thailand, notaries are called Notarial Services Attorneys and they are licensed by the Lawyers Council of Thailand and undergo professional training. The role of a notary is very important because it ensures that all parties are aware and confident that the document they are signing is legitimate.
Notary Services Attorneys in Thailand can authenticate any type of document that requires a signature, verification of identity, or affidavit. This includes contracts, property transfers, divorce certificates, and business registrations. They can also verify documents that are issued overseas, ensuring that they comply with local and international legal standards.
Licensed Thai lawyers who are trained as Notarial Services Attorneys can help expats with the process of getting their documents notarized for use abroad. However, as Thailand is not a member of the Hague Apostille Convention, these documents may still need to be further legalized by the Ministry of Foreign Affairs and/or the respective foreign embassy for use in other countries.
Whether you’re preparing a contract, signing an affidavit, or verifying someone’s identity, GAM Legal Alliance can help you find a certified Notary Public in Thailand to ensure your documents are accepted worldwide. Contact us today to get started.