Notary Services

We offer complete notary services both businesses large and small and for individuals.

We are the only Notary Service in the Colac Otway Shire and Surf Coast and Corangamite Shires and can assist with your overseas document.

What is a notary?

A notary is a s specially qualified senior lawyer who is authorised to notorise documents .  A notary in Australia is a very select occupation and whilst there are over 20,000 legal practitioners in Victoria there are only some 90 notaries . A signature of the notary verifying a document or establishing an identity is accepted as having integrity and subject to specific requirements can be used for overseas documents .

Can notary sign documents to be used in Australia ? 

Although a notary is legally allowed to sign documents to be used in Australia generally a notary limits him or herself to the signing of documents that are to be used overseas. Even if the documents are Australian documents for example and Australian passport or a naturalisation certificate or educational qualifications the documents  are required to be notarised if they are to be used overseas.

Can a Justice of the peace or legal practitioner sign documents for use overseas? 

A justice of the peace or legal practitioner or court officer or police officer cannot sign any documents or certify any copies of any documents that are to be used overseas in any legal matters. Only a notary can sign or certify these documents.

ARE DOCUMENTS IN ANOTHER LANGUAGE REQUIRDED TO BE TRANSLATED

Generally documents in another language do not require to be translated in order to be notarised and an Apostille or authentication attached. For example documents for the People's Republic of China can be in Mandarinas long as the signature on the documents is in Mandarin and also in Roman style. Some countries however require documents to be in both English and the language of the country you should check with your representative in the other country as to whether the documents are also required to be in English.

What  is an APOSTILLE

An Apositlle is a certification by the Australian Department of foreign affairs and trade pursuant to the Hague Convention which certifies that the notary who has signed the document is known to the Department, the Department verifies for his or her signature and that document can then be presented in any legal proceedings overseas without the need of any notation from the consulate of the country to which it is presented. For example if there is a power of attorney for Germany that power of attorney is signed before a notary and then lodged with the Department of foreign affairs and trade for the affixing of the Apostille. That document can then be used in Germany without the need to presented to the consulate of Germany.

WHEN  IS AN APOSTILLE REQUIRED

An APOSTILLE is required for all countries that are part of the Hague Convention . These countries include all countries in Europe including countries in Eastern Europe and also other countries in Europe that are not part of the European Union such as Serbia Albania Russia and all countries in Central and South America. Other countries that are parties to the Hague Convention are the Republic of Korea (South Korea) and Japan. We can provide you with a full list of countries that are part of the Hague Convention .

Generally an Apositlle is not required for, Commonwealth countries except for the Republic of South Africa , Mauritius, Ireland and Malta and Cyprus.

CAN WE PROVIDE AN APOSTILLE WHEN WE NOTORISE DOCUMENTS

We can arrange for documents to be lodged with the Australian Department of foreign affairs without any additional charge for the processing but we cannot affix an Apostille in our office as this is affixed by an officer of the Department of foreign affairs and trade after the documents are notarised by us . Generally it is a four business day turnaround to get the documents back and the Department of foreign affairs and trade sends the documents directly back to you. Or you can make an appointment directly with the Department of foreign affairs and trade for them to affix the Apostille.

WHAT IS THE  CHARGE FOR AN APOSTILLE

The costs are $88.00 for notarisation, the Department of foreign affairs and trade charges $84.00 for an Apostille and there is a charge $9.74 for the express envelope for the documents to be returned directly to the client.

WHAT IS AN AUTHENTICATION 

An authentication is essentially the same certification by the Australian Department of foreign affairs and trade as an Apostille but only applies to countries that are NOT part of the Hague Convention .Such countries include most countries in the Middle East, except Israel and many other countries outside Europe .We can provide a full list of the countries where an authentication is required . Countries that are not part of the Hague Convention also require that after the authentication by the Australian Department of foreign affairs and trade is after authentication presented to  the local embassy of the country where the documents are to be used for a stamp to be affixed. For example the People's Republic of China requires an authentication and after authentication requires these documents to be presented to its consulate in Melbourne. Hong Kong on the other hand requires an Apostille as it was a former British colony and adapted its law's, but does not require the document to be presented to its consulate.

WHAT IS THE CHARGE OF AN AUTHENICATION

The costs are $88.00 for notarisation, the Department of foreign affairs and trade charges $84.00 an authentication and there is a charge of $9.74 for an express post stamp.

Examples of typical notary services

Commercial documents

CERTIFICATE OF GOOD STANDING

This is a certificate confirm that the company is duly registered under the laws of Australia and that any persons who sign the documents such as a director or secretary are duly authorised to sign the documents and that their positions in the company have been confirmed by a search.

VERIFICATION OF ASIC REGISTRATION

 This is a certificate provided after a current company search has been done to confirm that the registration of the company's is current at the date of the search. Please note that a copy of a certificate of incorporation is not sufficient to establish that the company is currently registered as to certificate of incorporation relates to the time when the company was incorporated not the time that the documents have been signed.

CERTIFICATE RELATING TO THE FORM OF EXECUTION OF COMPANY DOCUMENTS

This is a certificate to say that the documents have been signed correctly  by the officers of the company noted in the ASIC registration and in accordance with the company's constitution.

OTHER COMPANY CERTIFICATION

Other company documents include verifying a constitution and the change in registered office, and documents relating to sales therapeutic goods administration documents ( TGA) and financial documents.

COMMERCIAL DOCUMENTS MIDDLE EAST

Many commercial documents for the Middle East such as commercial invoices bills of lading, certificates of authenticity and other such commercial documents require an notary certification and also an authentication by the Department of foreign affairs and trade and then these documents are to be presented to the relevant embassy. Please note that some documents that are to be presented at a number of Middle Eastern countries need to be presented to the relevant embassy as even adjoining Middle East countries do not accept documents from other countries.

Examples of typical notary services

Personal services

IDENTIFICATION OF PERSONS

Certifying identification documents for the purpose of making any applications overseas.

POWER OF ATTORNEY -INDIA

This is generally prepared by the lawyer in India on duty paper that is paper on which stamp duty has been paid. It requires in addition to the notary to signatures of witnesses who must state their name and address on the form. The passport size photographs and thumbprint is required to be put on the form . This form can be sent directly to India if it has the duty paid or duty can be paid in India .It is not required to have an Apositlle and can be sent directly to India without any further legalisation.

DIFFERENCE NAME BETWEEN LICENSE AND PASSPORT - INDIA 

This is a common situation where the name on the passport differs from the name shown on the Indian licence and when the person wishes to apply for the Australian license on the basis of the Indian licence the Australian authorities with a declaration confirming that it is one and the same person. We have these forms available but before an appointment for this category of notarisation we prepare and require the following information to be in to us prior to the appointment

  1. Full name shown on passport

  2. Passport number date of expiry

  3. Current address in Australia

  4. Name of Father

  5. Name shown on the Indian licence, state the issue license number and of expiry

  6. The reason for the difference between the name on the passport and licence this is usually where there is an abbreviation of the surname on the license as Indian licenses show the name of the Father and therefore in many cases do not show the full surname . There could be other reasons such as spelling mistakes or different name upon marriage

RELEASE OF PROVIDENT FUND MONIES SINGAPORE

If a person wishes to obtain their Provident fund monies(superannuation) from Singapore they have to renounce their citizenship there are number of forms that need to be completed and the only issue is that there is limited space to affix the red seal but otherwise these documents do not require an Apostille or authentication and can be sent directly to Singapore after being notarised.

ACADEMIC OR PROFESSIONAL QUALIFICATIONS

in the case of academic professional qualifications most countries require the actual certificate degree of diploma and also a transcript of subjects certified by the University or other institution of training. A copy of the original documents is required to be notarised and presented to the Department of foreign affairs and trade for either an Apostille or authentication and in the case of authentication also presented to the relevant embassy.

PROOF OF LIFE 

In many cases where people receive and overseas pension they have to provide an annual certificate to confirm that they are alive. This certificate does not have to to be authenticated and in if these people are full pensioners we offer a reduced rate of one half of the usual charge for notary services. Please note this only applies to proof of life certification .