Constantine & Co Solicitors
What is a Notary?
All notaries in New South Wales are qualified lawyers. Notaries are appointed by the Supreme Court pursuant to the Public Notaries Act 1997(NSW) and the Public Notaries Appointment Rules 1998. Applicants must be lawyers of at least 5 years standing who complete the prescribed Notarial Practice Course and apply through the Legal Profession Admission Board (the Board). Upon appointment, the name of the notary is entered on the Roll of Public Notaries maintained by the Board. Rules governing the practice, administration, regulation, and discipline of notaries are very similar to the laws covering all practicing solicitors. This includes the holding of compulsory professional indemnity insurance for the due protection of their clients. The notary is permitted to practice anywhere within the State whilst on the Roll of Notaries. A notary has been likened to “an International Justice of the Peace” because, almost exclusively, the work of a notary involves documentation required by a client for overseas use. By comparison, documentation for use within Australia can usually be dealt with by a qualified lawyer.Common Functions Performed By Notaries
The most common functions or tasks of notaries within Australia tend to be:- • Witnessing signatures of individuals to documents and authenticating identity for use overseas
- • Witnessing Powers of Attorney and Transfers for use overseas
- • Certifying true copies of documents for use overseas
- • For corporations and business, witnessing documents and authenticating status and transactions
- • Dealing with documentation for land, property and deceased estates overseas
- • Taking Affidavits, Declarations & Depositions
- • Notarial certificates of Law and Standing
- • Administer oaths
- • Administer oaths
- • Authenticating official, Government and personal documents and information for use overseas
