International Public Notary

Many clients first encounter Public Notary services when buying or selling property across borders, dealing with an inheritance, setting up a company, applying for a visa, handling overseas banking matters or carrying out an international business transaction. At that point, the relevant institution will usually only accept a document once it has been notarised and, where required, apostilled or legalised. Because an overseas institution cannot directly verify the authenticity of an Australian document, signature or issuing body — and, equally, Australian institutions cannot directly verify the authenticity and validity of other overseas documents — an international notarisation process is needed to build a mechanism of cross-border legal trust.

NS Legal can assist both individual and corporate clients with a wide range of internationally notarised documents, including overseas property transactions, powers of attorney, company documents, academic documents, identity documents, inheritance and estate documents, affidavits, statutory declarations, contracts and other documents intended for use overseas. We help clients work out which notarisation pathway to take — based on the purpose of the document, the requirements of the receiving country or region, and whether further authentication is needed — so that documents are not rejected by an overseas institution because their form, the way they were signed, or an authentication step does not meet the requirements.

International notarisation is the process by which a qualified notary, following an internationally recognised procedure, certifies the authenticity of a document, signature, identity and related facts, so that the document can be accepted and used in another country or region.

In practice, international notarisation most commonly arises in two kinds of cross-border matter:

The first is where a document issued in Australia needs to be submitted for use by an overseas institution. For example, an Australian academic certificate that needs to be recognised by a Chinese education authority, Australian company documents that need to be submitted to an overseas company registry, an Australian birth or marriage certificate needed to complete formalities overseas, or a power of attorney signed in Australia for use in an overseas property sale, inheritance or business transaction. In these situations the overseas institution usually cannot verify the authenticity of the Australian document itself, and so requires the document to go through an international notarisation process.

The second is where an overseas institution provides a document and requires a person who is in Australia to sign it. For example, a power of attorney to sell property in China, a Chinese bank authorisation, a Chinese inheritance declaration, an overseas company authorisation, overseas commercial transaction documents or other foreign legal documents. Although the document itself comes from overseas, because the signatory is in Australia the relevant institution will usually require an Australian notary to witness the signing and complete the certification, so as to confirm the signatory’s identity and the authenticity of the signing.

When completing a notarisation, a notary will usually:

• witness the signing of the document and confirm the signatory’s identity and willingness to sign;
• certify that a copy is a true copy of the original;
• certify documents issued or produced in Australia for use overseas;
• witness affidavits, statutory declarations and other formal documents;
• confirm that the documents come from a genuine source;
• issue a notarial certificate where appropriate;
• affix the notarial seal and signature.

Once these steps are complete, the document can be used as an internationally notarised document with overseas government bodies, courts, banks, schools, businesses or other organisations.

It is important to note that notarisation is not the same as giving legal advice on the content of a document, nor does it mean the notary confirms that the content is necessarily correct, valid or in the signatory’s favour. The core purpose of international notarisation is to establish a trustworthy means of proof for cross-border documents through a standardised certification procedure.

A Public Notary is a practising lawyer who holds special qualifications and is appointed under law, whose main role is to provide certification, witnessing and attestation services for documents intended for use overseas. A notary must have substantial practising experience and is appointed by the Supreme Court following a rigorous review. A notary’s signature and seal are recognised by government bodies, courts, banks, businesses and other institutions in many countries and regions, and so play an important part in overseas property transactions, inheritance matters, cross-border commercial activity, international investment and other international legal matters.

Because different countries may have differing requirements for document certification, notarial format, apostille and legalisation, it is important to determine the purpose of a document and the correct authentication pathway accurately before a notarisation. An incorrect form of notarisation, a missed authentication step, or incomplete document preparation can all lead to an overseas institution refusing to accept the document, resulting in additional time and cost.

NS Legal’s international notary services are provided by a notary lawyer who holds international notary qualifications.

Whenever a document needs to be used outside Australia, international notarisation may be required. Common situations include buying property overseas, selling property overseas, authorising a relative or agent overseas to act on your behalf, submitting documents to an overseas court or government department, dealing with an overseas inheritance or estate, applying for an overseas study or work qualification, handling cross-border company transactions, or submitting identity documents and other supporting documents to an overseas bank, immigration department or business.

For example, if a client is in Australia but needs to authorise a relative in China, Hong Kong, Singapore, the United States, Europe or another country to deal with a property sale, banking matters, inheritance documents or company documents on their behalf, the overseas institution will usually not directly accept a power of attorney merely witnessed by an ordinary Australian lawyer, and may instead require the document to be notarised by a public notary and then apostilled or legalised.

For corporate clients, international notarisation also frequently arises in cross-border transactions, overseas investment, setting up an overseas company, signing commercial contracts, submitting board resolutions, proving a company’s continued existence, and proving the identity of a director or authorised representative. Because different countries may have different requirements for company documents, notarial format, signing authority and authentication pathways, it is very important to confirm the document requirements in advance.

NS Legal can assist with the international notarisation of a wide range of personal and business documents. Common documents include:

• powers of attorney, including general powers, powers for specific matters, overseas property powers and company powers;
• identity documents, including passports, drivers’ licences, birth certificates, marriage certificates, change-of-name certificates and other identity documents;
• academic and professional documents, including degree certificates, transcripts, professional qualification certificates, practising certificates and training certificates;
• overseas property documents, including contracts of sale, title documents, loan documents, authorisation documents and declarations;
• inheritance and estate documents, including probate documents, estate administration documents, beneficiary declarations and overseas inheritance documents;
• company and business documents, including board resolutions, company registration documents, certificates of good standing, commercial contracts, investment documents and intellectual property documents;
• affidavits, statutory declarations, certificates and other formal documents intended for use overseas.

Different documents are not all handled in the same way. Some only require the notary to witness a signature; some require the original to be checked and a copy certified; some require the notary to issue a separate notarial certificate; and some, after notarisation, also need to be submitted to the Australian Department of Foreign Affairs and Trade for authentication, and then further authenticated by the consulate or embassy of the relevant country. It is therefore best, before booking, to confirm which country and which institution the document will be submitted to, and whether they have already provided a specific format or instructions.

International notarisation is only the first step in the cross-border document authentication process. Depending on the document, the notary will confirm identity, witness signing, check originals or issue a notarial certificate. But many overseas institutions require further authentication in addition to notarisation.

Apostille

If a document is to be submitted to a country that is a member of the Hague Convention, an apostille will usually be required. An apostille is a further confirmation by the Australian Department of Foreign Affairs and Trade of the notary’s signature and seal, so that the document can be recognised and accepted in the relevant member country.

Legalisation

If a document is to be submitted to a country that is not a member of the Hague Convention, legalisation will usually be required. The usual process is for the public notary to complete the notarisation first, then for the Australian Department of Foreign Affairs and Trade to authenticate it, and finally for it to be submitted to the receiving country’s consulate or embassy in Australia for legalisation.

Mainland China formally acceded to the Hague Convention on 7 November 2023, so for most documents an apostille is the end of the process and legalisation need not be considered.

If notarisation is carried out in Australia, a foreign-language document will need to be translated, usually by an independent NAATI-accredited translator. For some countries or institutions, the document may need to be in a bilingual format, or the original, an English translation and the notarial certificate may all need to be submitted together. To avoid the document being returned later, clients should, as far as possible, provide the receiving institution’s specific requirements before the notarisation — including whether a bilingual document is needed, whether a particular notarial format is specified, and whether an apostille or legalisation is required.

Clients will usually need to bring a valid photo identity document, such as a passport or an Australian driver’s licence. If you are signing documents on behalf of a company, you may also need to provide the company’s registration details, proof of directors’ identities, board resolutions, company authorisation documents, a power of attorney or other materials evidencing your authority to sign.

If a document needs to be signed by you in person, you should not sign it in advance but should sign it in front of the notary. The notary needs to confirm the signatory’s identity, willingness to sign, and understanding of the content of the document, as well as whether the document needs further authentication. If the document has already been provided as a template by an overseas institution, it is also advisable to bring along any related instructions, email requirements or submission guidelines, so that the notarial format can be confirmed to meet the other party’s requirements.

NS Legal will first understand the purpose of your document, the receiving country or region, the receiving institution’s requirements, the type of document and whether a specific format has already been specified. Once the basic position is confirmed, we will determine whether the document needs to be notarised, what form of notarisation should be used, and whether an apostille or legalisation is also needed.

On the day of the appointment, we will check the client’s identity, review the document, confirm the manner of signing or certification, and complete the notarisation where circumstances allow. Where a document is more complex — involving foreign-language content, company authorisations, a special format required by an overseas institution, or authentication requirements across several countries — additional time may be needed for review and preparation.

For time-sensitive documents, we can also help clients deal with matters as quickly as possible, depending on the complexity of the document and the availability of appointments. However, clients should note that if a document subsequently requires authentication by the Department of Foreign Affairs and Trade or legalisation, the processing time will usually also depend on the progress of the relevant government department or consulate, and cannot be measured by the day of notarisation alone.