Do you need to sign & send documents overseas? You may need the services of a Public Notary

The role of a Public Notary is often compared to a Justice of the Peace for international purposes. However, the role of a Public Notary goes beyond witnessing signatures.

As one of only a few Public Notaries appointed on the Central Coast, Michael is qualified to authenticate documents required by a client for use overseas. Fraud, identity theft and forgery are becoming increasingly commonplace and harder to track down and resolve. Therefore the services of a public notary is increasingly important when it comes to ensuring the authenticity of documents, signatures and identities.

The strict requirements involved in notarising documents ensure that individuals do not engage in, as well are protected from, fraudulent behaviour when engaging with other individuals or businesses overseas.

Firstly, he will confirm the true identity of the signatory by careful examination of an identity document, such as a current Driver’s Licence or Passport. He will determine that the signatory doesn’t suffer any legal incapacity. This could include congenital disability, physical or mental illness.

Michael will ensure that the signatory fully understands the nature and effect of the contents of the document to be signed and witnessed. If the signatory is acting in an official representative capacity (for example a director or secretary of an ASIC registered Company), our public notary will check and confirm that this signatory has the Company’s authority to sign on behalf of the Company.

If our public notary considers that a document constitutes a fraud or an unlawful act, we will refuse notary services.

All Notaries’ seals and signatures are officially recorded in a data base held by the Department of Foreign Affairs and Trade (DFAT), an Australian government department authorised to issue Apostille or Authentication Certificates certifying that the signatures, seals or stamps of Notaries on Australian public documents are genuine.

What can I expect when I need a public notary’s signature and witnessing?

Our public notary, Michael Daly, will conduct the following when you require authenticating and/or witnessing of documents that are to be used overseas.

Firstly, he will confirm the true identity of the signatory by careful examination of identity documents, such as a current Driver’s Licence and/or Passport, and Medicare card. He will determine, from observation, that the signatory doesn’t suffer any incapacity.

Michael will ensure that the signatory fully understands the nature and effect of the contents of the document to be signed and witnessed. If the signatory is acting in an official representative capacity (for example a director or secretary of an ASIC registered Company), Michael will check and confirm that this signatory has the Company’s authority to sign on behalf of the Company, by conducting a “Company Search” on ASIC.

If Michael considers that a document constitutes a fraud or an unlawful act, he will refuse notary services. The document must be for use outside Australia. If not a
“Notarial Certificate” is not appropriate.

All notaries’ seals and signatures are officially recorded in a database held by the Department of Foreign Affairs and Trade (DFAT), an Australian Government Department authorised to issue “Apostille” or authentication certificate certifying that the signatures, seals or stamps of Notaries on Australian public documents are genuine.

Public Notary services include:

  • Authenticating documents
  • Witnessing signatures
  • Authenticating identity
  • Preparing & witnessing Powers of Attorney for use overseas
  • Certifying true copies of documents for overseas and more…

Let’s start a conversation…

If you would like to speak with one of our friendly team members, please contact us.

Did you know we do conveyancing?

We take care of all the legal and conveyancing matters so you can enter your contract with confidence knowing that everything is in order.
Our team also ensure your rights and interests are protected by advising you of any Capital Gains Tax or GST implications.

Some of the functions Michael can help you with in his role as a Public Notary include:

  • Authenticating documents (official, government and personal) and Information for use overseas;
  • Witnessing signatures and authenticating identity;
  • Witnessing Powers of Attorney for use overseas;
  • Certifying true copies of documents for use overseas;
  • Business and Corporation documents witnessing and status and transaction authentication;
  • Handling documents for overseas land, property and deceased estates.

Do you have another enquiry? We welcome your call.

For professional advice and assistance in Estate Planning, speak with our friendly team.

TESTIMONIALS

Property Purchase
Michael Daly went above and beyond to make sure everything ran smoothly and rescued me from my own ignorance. A true champion! Thank you so much.
Simone Day

Our thanks to you and your supportive staff for your tireless efforts in assisting us through this difficult time.

Wright family

Michael has been my family Solicitor for 30 years. My family and I have used his services in a number of ways – Sale and purchase of properties; Purchase and sale of businesses; Preparation of Wills and Powers of Attorney; Successful recovery of unpaid monies on sale of a car by a family member. I have always found Michael to be very thorough, knowledgeable and very comfortable to deal with. I highly value the services he continues to provide.

C. Barlow