Notary | Sydney CBD
As registered notaries appointed by the Supreme Court of NSW we can assist with notary functions that may be required for personal or corporate documentation typically for use overseas.
Here’s what we do!
We are notaries as well as lawyers.
We can help with authenticating documents, verifying the identity of signatories to documents, witnessing execution of documents, certifying copies of documents, providing and applying notary seals and certificates to documents, ribboning.
If applicable we can also help with the legalisation / apostille process of the notarised documents if the relevant recipient country requires the notarised documents to be legalised before being accepted as legally effective notarised documents in the relevant country.
What is a notary?
Notaries in NSW play an important role in helping people execute documents, or verify the authenticity of documents or true copies of documents that are to have legal effect in another country.
Notaries are appointed by the Supreme Court of NSW under the Public Notaries Act 1997(NSW) and the Public Notaries Appointment Rules 1998.
All Notaries in NSW are lawyers who have been appointed by the court (as notaries) and entered on the Roll of Public Notaries maintained by the Legal Profession Admission Board.
Regulation of notaries in NSW is similar to the regulation of practising solicitors in NSW. Notaries in NSW like practicing lawyers in NSW are required to hold professional indemnity insurance for the protection of clients.
A Notary is permitted to practice anywhere in NSW whilst the Notary remains on the Roll of Public Notaries. The majority of work of a Notary involves personal or corporate documentation that is required by a domestic client that will be used in a foreign jurisdiction.
What is legalisation | apostille?
In some instances notarised documents that are to be used overseas are required by the recipient country to be legalised before they will be accepted in the recipient country as being validly effective legal documents.
This legalisation process of notarised documents is a two step process.
The first step requires the notarised documents to be submitted to the Australian Department of Foreign Affairs and Trade (DFAT) who will verify the signature and seal of the notary that has been applied to the documents by applying their own certificate to the notarised documents to that effect.The DFAT certificate may be a physical certificate or it may be a stamp with a signature or something similar.
The second step requires the notarised documents with the attached DFAT certificate to be submitted to the relevant local Consulate or Embassy of the Country where the documents are to be used, and the Consulate/Embassy will complete the legalisation process by verifying the DFAT certificate as being valid and applying their own certificate to the notarised documents to that effect. The Embassy / Consulate certificate may be a physical certificate or it may be a stamp with a signature or something similar.
Some foreign countries (by international agreement) have replaced the requirement of legalisation of notarised documents by an alternative simpler authentication/apostille procedure which will allow the notarised documents to have legal effect in their country.
The apostille procedure removes the involvement of the the relevant Embassy / Consulate in the legalisation of notarised documents process.
The apostille procedure requires the notarised documents to be submitted to DFAT who will verify the signature and seal of the notary that has been applied to the documents by applying their own certificate (in the form of an Apostille) to the notarised documents to that effect.
So it must be appreciated that notarisation of documents is a completely separate process and step from the legalisation process and step(s).
Notarisation of documents is undertaken by a notary, and legalisation of the notarised documents (if required) is undertaken by DFAT and possibly the Embassy / Consulate of the relevant recipient country.
Notaries can of course complete the legalisation process on behalf of the client if required by attending to the DFAT and Consulate / Embassy requirements on behalf of the client.
Is legalisation required?
In your circumstances the notary is not in a position to know if legalisation of the notarised documents is required until the notary has had an opportunity to peruse the instructions you were given by the person asking you for notarised documents (‘the instructor’). If the instructions are unclear then clarification must be obtained from the instructor as legalisation may be a completely unnecessary additional expense.
Make an appointment
As notaries are also lawyers in legal practice an appointment will be required and this will also provide the notary an opportunity to receive your preparatory information (more on this later) in advance of the appointment which should help minimise the duration of the appointment with the notary.
Verifying your identity
If we are required to witness execution of documents then we will have to first verify the identity of the person attending as the signatory. Therefore the signatory will have to provide the notary original photo ID preferably a passport and a drivers licence at the time the signatories attend the appointment.
Our fees are consistent with the recommended fee scale authorised under s12 of the Public Notaries Act 1997 (NSW).
Fee Scale | GST Included | AUD
Affidavits | Affirmations | Declarations
|Administering an oath or affirmation or taking a declaration and signing jurat||min. 128|
|Each additional deponent etc at the same time||min. 64|
Deeds | Other Unsworn Documents
|Witnessing and attesting execution or signing of a deed or other document||min. 128|
|Each additional individual etc at the same time||min. 64|
Verification of document copies
|Examining copies (photographic or otherwise) with original for verification – per 6 minute time unit, or part thereof||58|
|Notarial certificate verifying copy document||min. 187|
|Preparing Notarial Certificate verifying execution of a document by one individual, and completing the Certificate||min. 196|
|Each additional individual at the same time||min. 80|
|Preparing Notarial Certificate verifying execution of document by a corporation with declaration and exhibit, and completing the Certificate||min. 380|
|Preparing and completing Notarial Certificate not otherwise prescribed – per 6 minute time unit , or part thereof||55|
Bills of Exchange
|Noting bill of exchange, including supplying one copy of note, entering in register, for each hour or part thereof||312|
|Protesting bill, including supplying one copy of the protest, if at the same time as noting||210|
|If protested later||425|
|Additional Certified Copy @ same time||127|
Miscellaneous attendances away from office or not otherwise provided for | Drawing and Engrossing documents | Other Matters.
|For Notary's time per six minute time unit or part thereof||55|
|For any Clerk per hour (pro rata for proportionate part)||175|
|Photocopying, Facsimiles in excess of 15 pages then per page||3.3|
|All other outlays and out of pocket expenses||cost + 15%|
Contact us now to complete your notary requirements.
SAMPARK & CO
King George Chambers
Suite 415, 375 George Street
Sydney NSW 2000 Australia
T + 61 2 9299 7731
E inquiry@notaryau com
Or if you prefer you can contact us by submitting the contact form below.