Foreign-related notarization and certification briefing (in Australia)

What is notarization?

Notarization is an activity that proves the authenticity and legitimacy of civil legal acts, facts and documents of legal significance in accordance with legal procedures.

 

What is a notary?

In Australia, a notary is a lawyer with special permission and the notary has the following rights:

1. Prove an act or document;

2. Verify the execution of the documents;

3. Verify the copy;

4. swear and make a statement, and

5. Provide legal certificates for use outside Australia anywhere in the world

 

Common notary documents:

Notarized documents that can be used outside of Australia include:

1. A power of attorney issued by a natural person or company;

2. Intellectual property documents;

3. Heritage documents;

4. Child travel authorization;

5. Contracts and other documents relating to the sale, purchase or mortgage of overseas property;

6. Personal documents such as passports, degrees, diplomas, birth certificates and other identification documents;

7. An affidavit and a copy;

8. Business and investment documents;

9. The company's "good reputation" document (good standing);

10. Company resolutions and other company documents

 

(example of notarized documents)

The following are some of the considerations for notarization:

Witness signature:

If a notary is required to witness the signature document, the signatory must sign in the presence of a notary public, and there are no exceptions to this rule.

The credibility of a notarized document is based on the notary’s recognition of the identity of the signatory and an understanding of the signed document. Unless the notary is aware, the signatory must use at least one current passport issued by a government department or agency and some other documents (including photographs and/or signature samples) to confirm the notary.

company documents:

If it is the relevant company documents that need to be signed, the signatory is required to sign the certificate and the legal existence of the company. The notary also needs to make sure that the corporate governance process has been followed.

 

What is certification?

According to international practice and Chinese consular practice, the purpose of consular certification is to enable a public certificate issued by a country to be recognized by the relevant authorities in another country and have legal effect, without affecting whether the seal and signature of the instrument are true. The legal effect of the instrument. The embassies and consulates abroad may issue consular certifications issued by the relevant agencies of the host country and certified by the Ministry of Foreign Affairs or the institution authorized to handle consular certification, and the notarial certificates or other certification documents to be sent to China.

At present, most countries require foreign commercial and personal documents to be notarized and certified before they can be used in their countries. Therefore, understanding the operation of notarization certification will be of great help to foreign lawyers and companies and individuals engaged in international business.