Notarisation is a term that often arises in migration, study abroad, property transactions, inheritance and other legal matters involving more than one country.
For documents used only within Australia, the certification requirements may be relatively straightforward. However, when documents signed or issued in Australia need to be submitted in China or another country or region, it is often necessary to confirm the overseas recipient’s requirements for the form of certification. This may include notarisation by a Notary Public.
Notarisation is not simply an extension of having an ordinary lawyer witness a signature. Depending on the document’s purpose and the destination country’s requirements, further authentication procedures may also be involved. Before proceeding, you should therefore confirm exactly what form of document the recipient requires.
What is notarisation?
In Australia, a Notary Public is generally a legal professional with the requisite qualifications who has been appointed in accordance with the law and can notarise certain documents, signatures, identities and related legal facts.
Notarisation is commonly used when documents issued or signed in Australia need to be submitted overseas.
For example, when a power of attorney signed in Australia needs to be presented to a property organisation, court, bank or other body in China, the recipient may require it to be notarised first, followed by any further authentication procedures appropriate to its intended use.
One of the important roles of notarisation is therefore to provide formal certification of the authenticity of documents used across borders, the signing process or copies of documents, to meet overseas organisations’ document requirements.
When might notarisation be needed?
If you live in Australia long term but need to authorise someone to handle matters in China or another country on your behalf, you may encounter notarisation requirements.
Common situations include Australian residents buying, selling or transferring property in China, authorising relatives, friends or professionals to handle property formalities on their behalf, dealing with inheritance or renouncing an inheritance, and making arrangements involving guardianship, family matters, representation in litigation or other legal matters across borders.
Whether notarisation is compulsory, and whether further authentication is required afterwards, depends on the country where the document will be used, the recipient and the particular matter.
It is therefore best to confirm the ultimate recipient’s specific requirements before preparing the documents, rather than discovering after notarisation that their form does not meet those requirements.
Which documents commonly require notarisation?
A broad range of documents may require notarisation. Common examples include personal documents, declarations, powers of attorney, and corporate and commercial documents.
Personal documents may include birth certificates, marriage certificates, divorce documents, and documents used to establish a person’s identity or confirm that different identities refer to the same person.
Declarations may concern marital status, guardianship arrangements, inheritance or renunciation of an inheritance.
Powers of attorney often arise in property purchases and sales across borders, representation in litigation, mortgage lending, inheritance and other matters that require someone in China to act on another person’s behalf.
For business clients, company registration records, corporate authorisations, shareholder documents, trade mark or patent materials, and some commercial agreements may also require notarisation, depending on the requirements for their use overseas.
The method of notarisation is not the same for every document, so the specific procedure cannot be determined solely by the document’s name.
What materials are needed for notarisation?
The materials required depend on the type of document to be notarised and its intended use.
For a power of attorney, declaration or other legal document that you need to sign personally, you will generally need to provide valid identification, and the Notary Public will verify your identity and the signing process.
If a passport, birth certificate, marriage certificate or other official document needs to be notarised, the relevant original document will generally need to be provided so that the Notary Public can verify it.
For company documents, company registration information, corporate authorisation materials and identification for the relevant person in charge may also be required.
If the document will ultimately be used overseas for property, inheritance, litigation or other legal matters, we recommend also providing the overseas recipient’s document requirements so that the necessary form of notarisation can be confirmed before proceeding.
Must I attend in person for notarisation?
This depends on what is being notarised.
If the applicant’s signature needs to be verified, for example on a power of attorney or declaration, the applicant will generally need to sign in the presence of the Notary Public so that the notary can confirm the signer’s identity and the act of signing.
For notarisation of document copies or official documents, whether personal attendance is required depends on the nature of the document and the Notary Public’s requirements.
Applicants who are interstate, overseas or temporarily unable to attend the office can therefore provide their documents for the lawyer to assess first. It can then be determined whether they need to arrange an appointment to sign in person, provide originals or use another method.
Is further authentication needed after notarisation?
Notarisation by a Notary Public does not necessarily complete the process of authenticating a document for use overseas.
Depending on the country or region where the document will be used and the local recipient’s specific requirements, further authentication procedures may be needed after notarisation.
Before arranging notarisation, it is therefore most important to confirm who will ultimately receive the document, what it will be used for and what form of authentication the recipient requires.
If the steps are taken in the wrong order, the ultimate recipient may still be unable to use the notarised document, and the process may need to be repeated.
Why must notarisation be handled by a lawyer qualified as a Notary Public?
In Australia, not every lawyer can perform notarisation as a Notary Public.
Notarisation is a specialised form of document certification for use across borders and must be handled by a lawyer with the requisite notarial qualifications.
Particularly for important matters such as property sales, inheritance, powers of attorney and company documents, a document’s form, signing procedure or authentication method that does not meet the overseas organisation’s requirements may directly affect the progress of subsequent steps.
Confirming the document’s purpose and authentication process in advance can therefore reduce the time and expense of signing again, resending documents and repeating notarisation.
NS Legal notarisation services
NS Legal can provide legal services relating to notarisation for individuals and businesses that need to use documents across borders.
Our Notaries Public can help determine the type of notarisation required for a document’s intended use and explain the requirements for signing, checking originals and preparing documents.
Our services can cover notarisation of personal identification documents, declarations, powers of attorney, property and inheritance documents, and corporate and commercial documents.
For documents that need to be submitted in China or other countries or regions overseas, we can also help clarify the process and the materials to prepare in advance, based on the recipient’s requirements supplied by the client.
If you are unsure whether your document needs ordinary witnessing, notarisation or further authentication, you can contact NS Legal for a specific assessment by our professional team based on the document’s intended use.
Disclaimer: This article provides general legal information only and does not constitute legal advice for the particular circumstances of any individual or business. The specific notarisation and authentication requirements should be determined by the document’s purpose, the recipient and the rules of the destination country or region.
