In most countries, a notary public is an official to authenticate legal documents and signatures or statements of persons under oath. In Thailand, the Lawyers Council appoints accredited attorneys to serve as Notarial Services Attorney to perform authentication services regulated under the Law Firm Act.
Documents that require notarization include:
Legal Validity of Documents
Document authentication is a vital part of legal processes, both domestic and international. It ensures that the documents are valid and authentic, which helps reduce fraud and establish trust between parties. In addition, it is a requirement for many government agencies and educational institutions to verify the authenticity of documentation. Notarization and legalization are the two main methods used for verifying documents in Thailand.
In many countries, notaries are public officials that authenticate signatures and documents and witness affidavits and statements of individuals under oath. In Thailand, this function is performed by an accredited lawyer known as a Notarial Services Attorney or NSA. These lawyers have undergone a specific training course and are regulated by the Lawyers Council of Thailand.
A notary verifies the identity of signatories by checking their government-issued identification and administering oaths. They also review the content of a document and ensure that the signatories understand it and are signing voluntarily. They are also responsible for witnessing the stamps and seals of a document.
Notary service in Thailand is required for many legal transactions, including power of attorney in Thailand and affidavits. Documents that are intended for use abroad may require additional verification, such as embassy authentication. This process is typically conducted by the Ministry of Foreign Affairs (MFA) and embassy or consulates. It is recommended to contact the embassy or consulate requiring the document prior to seeking a notary service in Thailand to identify their requirements.
Authentication of Signatures
The authenticity of signatures is a critical component of many legal documents. A Notary Public serves as a neutral witness and verifies that the signatures on a document are authentic. This is important because some documents cannot become enforceable or binding until they are notarized. A Notary Public can also administer oaths and affirmations.
Although Thailand does not have traditional notary publics, certain lawyers are accredited by the Lawyers Council as Notarial Services Attorneys and can perform authentication services regulated under the Law Firm Act B.E. 2528. The role of a Notarial Services Attorney in Thailand is similar to that of a notary public in other countries, including verifying identity, witnessing affidavits and statements under oath, and authenticating signatures on various legal documents.
For international purposes, notarized documents may need to be further verified by the Ministry of Foreign Affairs or a foreign embassy. This is because Thailand is not a signatory to the Hague Apostille Convention, and therefore notarized documents from foreign countries must be further legalized in order to be accepted by Thai authorities or embassies.
When submitting documents for authentication, be sure to choose a service provider with experience and an established track record. This will ensure that your documents are handled properly and meet all necessary requirements for their intended use, ensuring that they will be valid and recognized abroad.
Witnessing Affidavits and Statements
An affidavit is a written statement that is verified as accurate and true by a witness. Documents such as power of attorney and deeds of sale may require an affidavit to be legally valid. A notary public can verify affidavits, ensuring the signatory is who they claim to be and that they are signing the document voluntarily.
A notarized affidavit is more likely to be accepted by authorities and institutions both within Thailand and abroad, due to the professional authentication. In addition, a notarized affidavit may be used in court proceedings to help resolve disputes.
Although Thailand does not have an official Notary Public, the Lawyers Council has granted some lawyers the role of Notarial Services Attorney to allow them to authenticate documents, affidavits and signatures. Known as NSAs, these legal professionals undergo and complete an extensive professional training course to ensure they can fulfill their duties.
While a notarized document is more trusted, it does not carry the same evidentiary weight in foreign jurisdictions as it would in a country with a formal Notary Public system. As a result, you should always confirm with the institution or embassy to which you will be submitting the documents whether they require further legalization. Nevertheless, documents notarized in Thailand are recognized internationally and provide significant legal validity. They are also enforceable and binding in Thai courts of law.
Legalization of Documents
Many countries require that documents and signatures undergo a process of authentication or legalization in order to be recognized by authorities in another country. This can be a significant problem for people with international issues and responsibilities like immigration, property transactions or working abroad. This is why engaging the services of a notary is important. The notary can authenticate the document and make it legally valid for use overseas.
Notary publics are regulated by state law and must follow rigorous procedures to ensure their authenticity. This includes ensuring that all signatures are made in the presence of the signatory. Notaries are also responsible for witnessing affidavits or statements under oath. This makes it possible for a person to be officially verified as telling the truth.
For a document to be legalized for use in a foreign nation, it must be validated by the appropriate authorities in Thailand and then a representative of the foreign nation. The Thai Ministry of Foreign Affairs and the embassy of that nation can then verify that the document is legitimate for its intended purpose. This process is known as consular or embassy legalization.
This is different from an apostille, which is accepted by over 120 countries in accordance with the Hague Convention of 1961. Obtaining an apostille is a faster and less cumbersome process than embassy legalization.
