Notary Public: Frequently Asked Questions

If you need to notarise your documents for the first time, you might have some questions about the process or who is qualified to witness the documents. In this article, we have compiled the most asked questions people ask their notary public.

During these uncertain times, if you're looking for the best lawyer in Sydney CBD, NSW, Jeffrey of JCL Legal is available by mobile phone. Please call him on 0419 233 670.

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What is a Notary Public?

A Notary Public in New South Wales is a state-appointed Public servant who witnesses the signing of important documents and conducts oaths.

How Long Have Notaries Been Around?

The Notary Public goes all the way back to early Roman times when the Pope appointed Bishops of Canterbury as Notary Publics to deal with legal notes. These Bishops, referred to as Notaries, dealt with land transfers, marriage proposals, and criminal matters that required witnesses.

Why Do I Need a Notary?

You need a notary public because you need to notarise legal documents. Legal documents are often notarised in order to avoid fraud and ensure they are properly executed. A Notary acts as an identifier, ensuring all signers are who they say they are and understand the agreements they are signing.

Why Are Documents Notarised?

To deter fraud. An impartial witness (a Notary Public) ensures that signatories to documents are who they say they are and not impostors. A Notary Public ensures that signatories to documents have entered into agreements knowingly and willingly. In a society in which national and international business dealings between strangers and nationalities of different countries are the norm rather than the exception, a Notary Public creates a trustworthy environment where strangers and foreign nationals are able to share documents with full confidence in their authenticity. Notarised documents also are considered self-authenticating, which means the signatories do not need to testify in court to verify the authenticity of their signatures. Having a document notarised is “a huge strategic advantage” in litigation.

How Does a Notary Verify The Signatory's Identification?

The Notary will ask to verify identity through picture identification with a physical description and signature. Driver's licenses, military IDs, or passports are usually sufficient.

May A Notary Public Refuse To Serve People?

Only if a Notary Public is uncertain of a signatory’s identity, willingness or general competence, or has a good reason to suspect fraud. Notaries should not refuse to serve anyone because of race, religion, nationality, lifestyle, or because the person is not a client or customer.

Are Notarisations Required By Law?

It depends on the documents. Many affidavits, deeds, and other documents may not be bound legally until they are properly notarized. In cases where notarisation is not required, individuals may wish to notarize documents in order to protect them from fraud. That being said, a notarization does not make a document "legal." It simply means the Notary witnessed the acknowledgment of the signer under oath and the agreement that the contents of the document are correct.

Do Notaries Prepare Legal Documents?

A Notary Public may give legal advice and draft legal documents in Australia because notaries in Australia have to be attorneys to be appointed a Notary Public. But bear in mind that giving legal advice and preparation of legal documents is not a notary function itself and additional fees may be charged for these legal services.

Does Notarisation Mean That A Document Is “True” Or “Legal”?

No. A Notary Public is not responsible for the accuracy or legality of documents they notarise. Notaries certify the identity of signatories. The signatories are responsible for the content of the documents.

Can Other Authorised Person Witnessing My Signature?

As a general rule, where a signature is required to be witnessed on a document intended for use overseas, the witnessing must be done by a Notary Public. If your document is for use domestically, you will generally be able to have your document witnessed by a lawyer, Justice of the Peace, doctor, police officer, pharmacist etc.

Hire The Best Notary Public in Sydney Who Cares About Your Needs

A good Notary Public in Sydney like Jeffrey of JCL Legal will be able to assist you with any legal issues in an efficient manner. To better your chances of meeting your goals in a timely manner, they can handle negotiations on your behalf and if needed, represent you in court. During these uncertain times, if you're looking for the best notary public in Sydney CBD, NSW, Jeffrey is available by mobile phone. Please call him on 0419 233 670.

Contact JCL Legal now! We are a law firm that cares about your needs.

sources: ezinearticles.com, notarylocator.com.au, notaryservices.com.au