A Notary Public in Thailand is a distinguished legal professional who authenticates documents and administers oaths. He or she can also certify proof of address and sign Embassy forms.
Many countries require that signed documents be notarized. In Thailand, lawyers who undergo specialized training become Notarial Services Attorneys and can vouch for signatures, witness affidavits, and certify copies of documents.
Legalization
In many countries, a notary public is an official licensed to authenticate signatures and documents, or witness affidavits and statements of persons under oath. In Thailand, lawyers who pass notary services professional training courses and qualify through a process conducted by the Lawyer Council of Thailand are certified as notarial service attorneys and can function as notaries.
Documents needing Notary Public attestation can include your proof of address, passport renewal form, and visa applications. You can also get a notarized copy of your will and testament, which is required in some countries for you to be considered the legal heir of someone else’s estate after your death.
The Hague Convention on 5 October 1961 simplified the authentication process for foreign public documents by eliminating the need to have them legallyized in the country where they originate. However, Thailand is not a signatory to this agreement, so your document may require further certification from the Ministry of Foreign Affairs or an embassy.
Authentication
In most countries, a Notary Public is an official who is licensed by the government to authenticate documents, signatures and witness affidavits or statements of persons under oath. While Thailand does not have an official notary system, lawyers who pass professional training courses can be certified by the Lawyers Council of Thailand as Notarial Services Attorneys to perform authentication services regulated by law.
Essentially, the role of a Notary Public is to verify the identity of signatories, witness their signing and affirm their legitimacy by stamping or putting a seal on documents. This helps prevent forgery and fraud by making sure that a document is real.
However, it is important to understand that authentication does not mean that a document can be used in another country. To make a document valid for use abroad, it must go through a process of legalization, which usually involves the Ministry of Foreign Affairs and/or the relevant embassy. Authentication checks that the signature is genuine and that the document is real, but legalization makes it officially okay to use in a different country.
Apostille
Apostille is an international certification that verify the authenticity of a document. It is used by countries that are members of the Hague Convention on the Legalization of Foreign Public Documents. The process is similar to notarization, except that it is more comprehensive and is signed by the notary public and an accredited representative of the embassy.
Whether you’re a globetrotter, an entrepreneur, or a legal eagle, getting your documents apostilled is like giving them a global thumbs-up, making them legitimate for use across borders. But it can be tricky and confusing to navigate the process.
And since Thailand isn’t a member of the Apostille Convention, you may still need extra notarization at the Ministry of Foreign Affairs or the Embassy of the country where your documents will be used. Fortunately, H&P lawyers have years of experience working with embassies and can expedite the entire process for you. This includes document attestation, authentication, and consular legalization services.
Consultation
In countries with common law, notaries public act as impartial witnesses to verify the authenticity of signatures and documents. They also authenticate legal documents, affidavits and other statements on behalf of a person under oath. They can be found in many places, including government offices and banks.
In Thailand, however, notary services are a little bit different. Attorneys from the Lawyers Council are granted a special role called Notarial Services Attorney to perform similar functions. Hence, the role has become more popular in the country than its traditional counterpart in common law countries.
These legal superheroes act as unbiased witnesses to verify the identity of a person, witness the signing of documents, and affirm their legitimacy with an official seal. They can even administer oaths to people who sign documents and help them understand their obligations under the law. For example, if you courier a signed document abroad for business purposes, the foreign authorities might require that your signature is certified by a Notary Service Attorney in Thailand.
