Documents couriered overseas often need to be notarized. Banks or other authorities abroad want to know that the signature is real.
In most countries, a Notary Public is a licensed official who certifies signatures and documents as authentic. In Thailand, the Lawyers Council created a rule that allows certain qualified lawyers to act as notaries.
Functions
In many countries, a Notary Public is state-authorized to authenticate documents or signatures, administer oaths, or witness statements of individuals under oath. Basically, they’re like document superheroes. In Thailand, there is no official Notary Public system, but some attorneys—like our H&P lawyers—are licensed by the Lawyers Council as Notarial Services Attorneys and can perform these functions.
This service is important for expats and international businesses, as it adds a layer of credibility to documents that can be used in court or for cross-border transactions. In addition, the notarization process can also serve as a prerequisite to further processes like legalization or obtaining an Apostille for international use. So, if you need a document notarized in Thailand, it’s crucial to understand the functions, requirements, and process. Here’s what you need to know.
Qualifications
A Notary Public in Thailand is a legal official authorized by the government to authenticate signatures, documents, title deeds and statements of persons under oath. These professionals play a crucial role in the legal landscape, adding credibility to legal processes and transactions, especially those that require international recognition. When verifying the identity of individuals or witnesses, affixing stamps and seals, or administering oaths, Notary Publics are required to follow strict ethical standards.
Many countries require that their citizens or companies have their signatures and documents certified by Notaries. This is because a notarized document is more likely to be recognized and accepted abroad, especially if it needs further legalization through an apostille.
Although Thailand has not yet enacted legislation to inaugurate a system of Notary Publics, the Lawyers Council does provide for the registration of attorneys qualified to act as Notarial Services Attorneys. These lawyers are given the green light to perform notarial services, but they must undergo and pass a training program before they can get started.
Fees
Notary services are charged per document and based on the type of documentation. The most common documents for expats to have certified by a Notary include Proof of Address, Birth Certificates, Powers of Attorney, and Wills.
Most countries worldwide recognize the role of Notaries Public to authenticate certain documents such as a person’s signature, affidavit, title deed, or sworn statement. These officials are commissioned as ministerial officers and therefore expected to adhere to established rules rather than using significant personal discretion, like a judicial official would.
Thailand does not have an official Notary Public but some attorneys are given the green light by the Lawyers Council to act as a Notarial Services Attorney and perform authentication services as prescribed under the Lawyers Act. These attorneys are like legal superheroes that can verify the authenticity of signatures and documents. They can also make sure translations are correct. As a result, they are very helpful when it comes to preparing important documents that will be used abroad.
Certification
Documents that will be couriered overseas for business purposes or sent to a foreign embassy for other purposes such as passport application, bank documents and visa renewals may need to be certified with a Notary. A Notary can verify a person’s signature and affirm the authenticity of documents with an official stamp or seal as well as administer oaths.
A notary can also authenticate a legal document, such as an affidavit or statement of a person under oath, that will be used in another country, replacing the need for an expensive and lengthy legalization process at a foreign ministry or embassy. The notary will need to have an official seal or stamp that is recognized by the government of the foreign country in which the document is being used.
In Thailand, the role of a Notary Public is carried out by Notarial Services Attorneys which are lawyers who have been given a license to certify signatures and documents by the Lawyers Council under the Laws of Lawyers Act B.E 2528. These attorneys are often called “legal superheroes.”