Notary Appointment Checklist NSW

Preparing properly for a Notary Public appointment can help avoid delay, repeat appointments and problems when a document is presented overseas. The requirements vary according to the document, the destination country and the authority that will receive it.

Russell Kelly & Associates provides Notary Public services from our Norwest office for individuals and businesses requiring documents to be witnessed, certified or authenticated for use overseas.

1. Confirm What the Overseas Authority Requires

Before arranging an appointment, contact the person, organisation, government agency, court, bank, university or other authority that will receive the document. Ask exactly what form of notarisation or legalisation is required.

Requirements can differ between countries and between different authorities within the same country. The receiving authority should confirm whether it requires:

a signature witnessed by a Notary Public;
a notarised copy of an original document;
verification of identity or signing authority;
a notarial certificate in a particular form;
an Apostille or Authentication after notarisation;
consular legalisation; or
a certified translation.

The Australian Department of Foreign Affairs and Trade (DFAT) also advises people to ask the overseas receiving authority what legalisation is required before submitting documents.

2. Send the Documents for Review Before the Appointment

Where possible, send clear PDF copies of all relevant documents to our office before attending. Early review can help identify missing pages, unusual witnessing instructions, language issues, supporting-document requirements and whether additional certificates may be needed.

Include any written instructions supplied by the overseas authority. If the document is connected with a transaction, court proceeding, company, overseas property matter or Power of Attorney, provide enough background for the purpose of the document to be understood.

3. Do Not Sign the Document Too Early

If a Notary Public must witness your signature, do not sign the document before the appointment unless our office confirms otherwise. The Notary may need to observe the signature and record how identity and capacity were established.

If the document has already been signed, tell our office before attending. Whether it can still be notarised will depend on the nature of the document and the requirements of the receiving authority.

4. Bring Appropriate Identification

Bring current original photographic identification. A passport is commonly relevant for documents intended for overseas use. Depending on the matter, additional identification or evidence of residential address may be required.

The name on your identification should correspond with the name used in the document. If names differ because of marriage, a legal name change, transliteration or another reason, bring the documents that explain the difference.

5. Bring Original Documents and Complete Copies

If you require a notarised copy, bring the original document as well as the copy. The Notary must be able to compare the copy with the original. Do not remove pages, seals, covers, attachments or endorsements that form part of the original document.

Electronic documents, digitally issued certificates and documents downloaded from online portals can raise different verification questions. Send them to our office in advance and retain access to the issuing portal where available.

6. Company and Business Documents

A person signing for a company or another organisation may need to establish both identity and authority to sign. Depending on the document, this may require company searches, constitutional documents, resolutions, authorisations or other evidence of the signatory’s position and authority.

Send business and corporate documents for review before the appointment so the appropriate supporting material can be identified.

7. Documents in Another Language

Tell our office if any part of the document is not in English. It may be necessary to arrange a translation or obtain further information about the document before the notarial act can be completed.

The receiving authority should confirm whether it requires the translation itself to be certified, notarised or completed by a particular category of translator.

8. Apostilles and Authentications

Notarisation and legalisation are separate steps. After an Australian document is notarised, the overseas authority may require an Apostille or Authentication from DFAT. Some documents may also require further consular legalisation.

DFAT explains that legalisation verifies the signature, stamp or seal on an Australian public document. DFAT determines whether an Apostille or Authentication can be issued, but it does not decide what a foreign receiving authority requires.

Current DFAT requirements, appointment arrangements, processing information and fees should be checked directly through the Australian Government notarial-services guidance.