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Witnessing signatures or certifying copies of documents
I have been asked to discuss the difference between a notary public (or notary), a Justice of the Peace (JP) and a lawyer when witnessing or certifying documents. In New South Wales (NSW) Justices of the Peace (JPs), Notaries Public, and lawyers all have the authority to witness and certify documents, but their roles, qualifications, and the scope of their authority differ. Here’s a breakdown of each:
Notary Public
In New South Wales a notary is a solicitor or barrister who has been practising unrestricted, for a minimum of 5 years and have completed additional qualifications to become notaries. They are appointed by the Supreme Court of NSW to perform certain official acts. They are regulated in accordance with the Legal Professional Uniform Law and the Notary Act 1994 and usually charge in accordance with the recommended fees as set out in the Notary Act 1994. They are able to:
1. Witness Signatures: They witness signatures on legal documents, ensuring the identity of the signatories and the validity of their signatures.
3. Certify Copies: Notaries certify copies of original documents as true copies. This is often needed for documents such as passports, academic certificates, and other important records.
4. Administer Oaths and Affirmations: They can administer oaths and affirmations, which is often required for affidavits and statutory declarations.
5. Prepare of Notarial Certificates: Notaries prepare certificates of authenticity for documents to be used internationally.
6. Protests of Bills of Exchange: They deal with the formalities of bills of exchange, including noting and protesting dishonoured bills.
7. Provide legal advice being admitted as lawyers.
It is often the case that notarised documents will require the legalisation or authentication by the Department of Foreign Affairs and Trade (DEFAT).
Why You Need a Notary:
1. International Transactions: If you are conducting business or legal matters that involve foreign countries, such as buying property abroad or applying for overseas citizenship, you usually need notarised documents.
2. Legal Requirements: Certain legal processes require notarised documents to ensure authenticity and prevent fraud. For example, when sending documents overseas for use in legal, business, or immigration matters.
3. Certifying Documents for Overseas Use: Documents that need to be presented in foreign jurisdictions mostly require certification by a notary.
4. Affidavits and Declarations: For legal proceedings in other countries, affidavits or statutory declarations often need to be notarised.
Justice of the Peace (JP)
In NSW JPs are volunteers who do not require any legal qualifications and are appointed by the Attorney General and come from all sections of the community. A JP is trusted to be honest and impartial when performing their functions. They cannot unreasonably refuse to provide JP services; charge you a fee or accept a gift for providing JP services; assist or write in a statutory declaration or affidavit or provide you with legal advice. They are able to:
1. Witness signatures: they can witness signatures on statutory declarations and affidavits for Australia.
2. Certify documents: JPs are able certify copies of original documents as true copies for use within Australia. This is often needed for documents such as passports, academic certificates, and other important records.
3. Administer Oaths and Affirmations: They can administer oaths and affirmations, which is often required for affidavits and statutory declarations to be used within Australia.
Lawyer (Solicitor/Barrister)
Lawyers are professionals who have completed a law degree and have been admitted to practice law by the Supreme Court of NSW and may not serve as a JP. They are able to charge you for their services and they are able to:
1. Witness signatures: they can witness signatures on statutory declarations and affidavits for use within Australia and in some cases internationally.
2. Certifying documents: lawyers are able certify copies of original documents as true copies for use within Australia. This is often needed for documents such as passports, academic certificates, and other important records.
3. Administer Oaths and Affirmations: They can administer oaths and affirmations, which is often required for affidavits and statutory declarations to be used within Australia and some international jurisdictions.
4. Provide legal advice on legal documents, including contracts, wills, and deeds.
Summary
When you need to have your signature witnessed document on a for use in Australia as the services of a JP are free, it is the best choice. If you need to have your signature witnessed for a document to be used outside of Australia, then you will probably require the services of a notary public who will usually charge according to the scale of recommended fees as set out in the Notary Act 1997. Lawyers are able to witness signatures and certify documents in Australia and they are able to charge you for their services.
If you or anyone you know requires notary or legal services I am available to assist you. If you have any questions, do not hesitate in contacting me.
Wishing you a wonderful day,
Jeffrey Choy
JCL Legal
0419 233 670
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