Individuals and businesses may be looking for a Sydney notary public for a host of different reasons. We can provide services for the drafting and execution of the following, as briefly outlined in the below list:
Notarial Certificate that a Document is a True and Correct Copy of its Original. This is a certificate not unlike a “certified copy” which is commonly obtained from justices of the peace within Australia for use throughout the Australian jurisdiction. However, “certified copies” by justices of the peace are not probative outside Australia (i.e. will not be considered good evidence in a foreign jurisdiction). For this reason, notaries public are retained to notarise copies of documents to be used overseas.
Notarial Certificate annexing an Authenticating Document. A certification of this type may be required if and when an overseas authority, such as a government department or ministry, or a private body, such as a university or professional association, may require the authentication of a document, such as a diploma, degree, transcript or attestation. Invariably, a notary will be required to conduct certain investigatory work before the notarial certification can be drafted and executed.
Notarial Certificate as to the Identity of an Individual. There may be occasions where an individual may need to prove to a foreign body (government or private institution) that the person is who they purport to be. Because the evidence is to be use outside of Australia, a notarial act will have to be prepared to this effect. Ordinarily, a person will attend the notary’s office with some identification documents such as a driver’s license, passport or birth certificate, or any other unique record which can be sued to ascertain the details of the individual as well as his visage.
Notarial Certificate as to the Domicile of an Individual. Such a notarial certificate may be required in circumstances where an individual needs to establish, before an overseas authority, his principal place of residence in Australia. Generally, an individual will need to identify himself before the notary and also provide some form of documentation which can be used to establish that his alleged place of residence (where he lives) is where he alleges it to be. Documentation such as council rates or utility bills which addressed to him personally and sent to the address where he claims to live may be sufficient.
Notarial Certificate as to the Incorporation of a Company under Australian Law. An incorporated business may find itself in a situation where it needs to prove to a foreign body that it legally exists in the eyes of Australian company law. Because this evidence will need to be used overseas, it will take the form of a notarisation. A notary will be required to conduct certain investigatory work before the notarial certification can be drafted and executed.
Notarial Certificate in relation to a Declaration made by an individual (Declarant) before the Notary. A private individual may wish to make a declaration in relation to some fact or thing, where that declaration will be used outside Australia. Similarly, it is not uncommon that a person may need to swear or affirm an Affidavit for court proceedings in a foreign jurisdiction. A public notary will be required to witness the declaration or Affidavit so that it is probative overseas.
Notarial Declaration made by the Notary Public in relation to some fact personally known to him. There may be an occasion where a notary public may be required to make a declaration on his own behalf in relation to some fact of thing, where the purpose of that declaration will be connected to some foreign proceeding or transaction.
Notarial Certificate in relation to the Execution of Documents:
- Without a witness (such as a deed poll);
- With a witness (such as a contract, agreement, statement, affidavit).
Notarial Certificate in relation to Witnesses:
- Witness as to the Exhibition of a Document;
- Witness as to the Signature of Parties to a Document;
- Witness as to the Execution of a Document by a Corporation.
Notarial Certificates in relation to Ships’ Protests:
- A Ship’s Protest;
- Notarised Copy of a Ship’s Protest;
- Notarised Extended Ship’s Protest.
Notarial Certificate in relation to a Bill of Exchange:
- Notation for Non-Acceptance or Non-Payment Ticket;
- Note or Minute of the Notation of the Bill of Exchange;
- Protest for Non-Acceptance or Non-Payment.
Notarial Certificate in relation to a Document that has been Entered into a Register. This is a notarised certification of the fact that a document has been filed with a local authority, where proof of that filing or lodgement is required by an external (e. foreign) authority.
Notarial Certificate for an International Will: this is a notarisation of a last will and testament which can be presented before a foreign court or administrative body. The passage of the Succession Amendment (International Wills) Act 2012 (NSW) which gives effect to the Convention Providing a Uniform Law on the Form of an International Will (Washington, D.C., 1973) has provided a form and process in which the notarial act is to take place.
Notarial Certificate of a True Copy of a Will and of the Probate: This is a notarial act that authenticates a copy of an existing last will and testament in a situation where that will or testament has to be presented before an overseas authority. If clients wish to execute a will with the intention that it can be used overseas, the notary will likely advise them to do so under the provisions of the Succession Amendment (International Wills) Act 2012 (NSW) (see immediately above).
Notarial Certificate of Signatures to a Power of Attorney. This is a notarial act which attests that a power of attorney has been executed (i.e. signed) by its respective parties before a public notary. It is important to note however that a locally drafted document which is to be used in a foreign jurisdiction may not comply with that foreign jurisdiction’s legal requirements; thus, the notarisation will only extend to witnessing the execution of the document, and not its reliability or legality. Likewise, if a power of attorney has been drafted under legal advice from a foreign legal practitioner, or provided by a foreign administrative body, the certification by the public notary will still extend only to witnessing its execution.
Notarial Certificate of Signatures to a Power of Attorney executed by an Australian Company under its Common Seal. As immediately above, only in this situation the clients who purport to execute the document in the capacity of company representatives will have to establish their authority to the notary first.
Notarial Certificate as to the Business Premises or Corporate Headquarters of an Incorporated Entity (such as a business or other company). There may be situations where a foreign body will require evidence of the principle place of business or the executive office of a business. Here, the notary will likely be required to perform an investigative task, namely to perform a search or otherwise obtain the required confirmation, before he prepares the notarial act.
The above is not an exhaustive list of the acts that a Sydney public notary can produce. For examples of notarial certificates and notarisations that we have provided our clients in the past, see our section on Examples of Notarisations and Certificates. For more information about the particulars and characteristics of a notarial act or certificate, see our section for Clients as well as the section discussing the difference between the Private vs Public Form certificates.