

A notary public, also known as a public notary or simply, notary, is most often a practicing attorney or solicitor appointed by a State or territory Supreme Court and given statutory powers.
>
Their role is to perform a wide range of administrative functions, including preparing, witnessing, administering, certifying and/or notarising originals and copies of legal documents for use within Australia and abroad.
>
Such documents are typically:
>
• Wills
>
• Property deeds
>
• Contracts
>
• Powers of attorney
>
• Oaths and affidavits
>
• Statutory declarations
>
More specifically, this may include:
>
• Corporate business and trust structures
>
• Security documentation (real property mortgages and Personal Property Security Register charges)
>
• Sales agreements (real and personal property, partnership interests, businesses, etc.)
>
• Partnership agreements and Joint Venture agreements
>
• Strata titling applications and drafting of Bylaws/related agreements
>
• Building agreements
>
• Shareholders and Unit Holder agreements
>
• Franchising arrangements
>
In addition to the aforementioned, a notary public’s role and services extend to the preparation of ships’ protests and the ability to note or protest bills of exchange.
>
Accordingly, a notary public will affix the official seal or stamp of their office as near as possible to the signatures of the document’s signatories, if not directly under.
>
This process — formally acknowledged as a ‘certification of authenticity’ — ensures the documents will be recognized nationally, and under the Hague Convention, internationally.
>
Other Important Functions of a Notary Public
>
When carrying out these notarial tasks, a notary public must:
>
• Confirm a signatory’s true identity through careful examination of an identity document
>
• Ensure a signatory fully understands the nature and effects of a document’s content
>
• Determine a signatory’s legal capacity, accounting for such things as physical injury, physical or mental illness, congenital disability, advanced aged, or any apparent intellectual deficiency, etc.
>
• Ascertain whether a signatory is an official representative of a legal entity and therefore authorised to sign on that party’s behalf
>
• Refuse notarial services in every instance a document constitutes a fraudulent or unlawful act
>
Notary Publics vs. Justices of the Peace
>
In Australia, a Justice of the Peace performs a similar set of duties to a notary public, however, they are not permitted to certify, sign or witness documents that are to be used in the different jurisdictions of foreign countries.
>
As a result of distinction, the two job titles are not used interchangeably.
>
If you are in need of notarial services regarding the official status of certain documents, consider contacting David Lewis, LBH Partner and registered public notary on dlewis@lbandh.com.au.
>
If you enjoyed this article, fill out the form below to receive our monthly newsletter!