This article will help you understand notary meaning and how it works. In a world where trust is often in short supply, the notary public stands as a beacon of reliability. These impartial professionals are sworn to uphold the law and ensure that legal documents are accurate and genuine.
In NSW Australia, the Public Notaries Act 1997 regulate notaries. Notaries have the authority to perform a variety of legal services, including:
- Attesting the signatures on official documents
- Authenticating photocopies of original documents
- Taking affidavits and declarations
- Completing witnessing documents Wills and powers of attorney
What is notary meaning? Notaries play an important role in the Australian legal system. They help to ensure that legal documents are valid and enforceable, and they provide peace of mind to those who need their services.
Notarisation is a legal act that involves verifying the authenticity of written records and the identity of the signers. In Australia, notaries play an important role in performing notarial services for official or legal purposes. But what exactly is a notary, and what do they do?
Notary Meaning in NSW, Australia
A notary in NSW is a court-appointed official with the authority to notarise documents pursuant to the:
They are senior experienced legal practitioners who can authenticate, prepare, attest, verify, witness, and certify original and copied documents.
Notaries play a crucial role in legal and official contexts by performing various tasks and functions, such as:
- authenticating official, government, and personal documents,
- certifying copies of documents,
- witnessing signatures on legal documents,
- administering oaths and affirmations, and
- verifying information provided in documents.
The types of documents a Public Notary typically verifies and certifies include many that people deal with on a relatively regular basis, including:
- Trusts;
- Real estate deeds;
- Loan documents;
- Contracts (including both land conveyance and business contracts);
- Powers of attorney;
- Licenses; and
- Deeds.
Duties and Responsibilities of a Notary in Australia
Now that you know about notary meaning, you should also be knowledgeable about their duties and responsibilities.
Because they play a crucial role in legal and official contexts, it is important that they are impartial, and professional, and exercise good judgment in carrying out their responsibilities. Here are some reasons why:
1. Integrity of notarised documents. Impartiality is crucial to ensure the integrity of notarised documents. Notaries serve as unbiased third parties, verifying the identities of the signers and ensuring that they understand the legal document they are signing. The document then receives a notarial certificate and the seal of the notary who witnessed the signings.
2. Independence. Notaries must conduct themselves in the course of their professional duties with impartiality and independence, avoiding all personal influence over their decisions.
3. Protection against fraud. Notaries are responsible for preventing fraud by verifying identities, ensuring the authenticity of documents, and maintaining accurate records. Impartiality and good judgment are essential to detect and prevent fraudulent activities.
4. Professionalism. Courts appoint notaries and they must conduct themselves in a professional manner at all times. This includes being courteous, and respectful, and maintaining confidentiality.
5. Legal validity. Notaries play a crucial role in adding legal validity and credibility to documents, making them more reliable and acceptable in legal and official contexts. Impartiality and good judgment are essential to ensuring that notarised documents are legally valid and credible.
Notarial Services in Australia
Notarial services in Australia are legal acts that allow written records to be used for official or legal purposes. These services are performed by notaries, who are senior experienced legal practitioners qualified to authenticate, prepare, attest, verify, witness, and certify original and copied documents. Here are some common notarial services in Australia:
- Certifying copies of documents such as passports, driver’s licenses, and academic transcripts, are to be used for official purposes.
- Witnessing signatures on legal documents, such as contracts, affidavits, and statutory declarations, to verify the identity of the signers and ensure that they understand the document they are signing.
- Issuing Apostilles and Authentications, which are certificates that verify documents for use in foreign countries.
- Legalising documents involves verifying the authenticity of the document and the signature of the person who signed it. This is often required for documents that will be used in foreign countries.
- Administering oaths and affirmations, which are formal declarations made under penalty of perjury.
Notarial services in Australia are often required for documents that will be used in foreign countries. Notaries can also provide out-of-state notary services, where they certify the authenticity of a document outside their jurisdiction. It is important to note that notarial services are not the same as legal advice, and notaries cannot provide legal advice or prepare legal documents.
The notarial process can require between one to three steps. The steps include:
- Notarising the document before it is sent overseas
- Authenticating the document with the Department of Foreign Affairs and Trade
- Sending the document overseas to the relevant legal agency for approval and verification
Notary Meaning: 5 Frequently Asked Questions
Here are some frequently asked questions (FAQs) on notarisation in Australia, specifically in NSW:
Can I Notarise a Document Digitally in Australia?
No, it is currently not possible to notarise a document digitally in Australia. All documents must be in physical form, such as paper, in order to be notarised.
How Much Does it Cost to Get a Document Notarised in NSW?
The cost of getting a document notarised in NSW can vary depending on several factors, including the complexity of the document and the specific services required. Check costs in NSW here.
What Are the Requirements for a Document to be Notarised in NSW?
To be notarised in NSW, a document must be in physical form, complete, accurate, legible, signed by the relevant parties in the presence of the notary, and the signers must provide valid identification to the notary to verify their identity.
Can a notary public in Australia Notarise a Document in a Language Other Than English?
Yes, a notary public in Australia can notarise a document in a language other than English. While the notary public primarily operates within the Australian legal system, they can still provide notarial services for documents in foreign languages. In Sydney, the Legal Profession Admission Board administers the appointment of Notaries Public.
You may also need to have it translated by a National Accreditation Authority for Translators and Interpreters (NAATI)-accredited translators to have it notarised. However, other nations might not recognise them. To ensure recognition, you can inquire about the country’s particular translation regulations.
Contact a Notary Lawyer
If you require notary services, it is vital to seek the services of a qualified notary lawyer. Not only can a lawyer become a notary in many states but using an experienced attorney as a notary has several clear advantages.
Know that not all lawyers are notaries. When seeking notary services, we recommend you to contact a qualified notary lawyer to ensure that your documents are properly notarised and that you receive the legal advice you need.
JB Solicitors can provide you with legal advice once you become their client and, in many instances, can notarise documents. Contact us today to avail our legal services.
