A Notary Public plays a crucial role in verifying, authenticating, and certifying legal documents. In many countries, a Notary Public is a government-appointed official with broad legal authority. However, in Thailand, the concept of a Notary Public is slightly different. Notarial services are provided by lawyers authorized as Notarial Services Attorneys, regulated by the Lawyers Council of Thailand.
This article explores the role, functions, legal framework, and procedures of Notary Public services in Thailand, along with their importance for both local and international transactions.
Legal Framework for Notary Public Services in Thailand
Unlike many Western countries, Thailand does not have a government-appointed Notary Public. Instead, notarial services are provided by lawyers who have obtained certification from the Lawyers Council of Thailand. These professionals are referred to as Notarial Services Attorneys.
Key legal aspects governing notarial services in Thailand include:
- The Lawyers Act B.E. 2528 (1985) – Regulates the legal profession in Thailand.
- The Notarial Services Attorney Regulations – Issued by the Lawyers Council of Thailand, setting out the qualifications and responsibilities of Notarial Services Attorneys.
- International Agreements and Conventions – Thailand follows international standards for document authentication, including the Hague Apostille Convention (though Thailand itself is not a member of the convention).
Role and Functions of a Notary Public in Thailand
1. Authentication and Certification of Documents
A Notarial Services Attorney verifies and certifies the authenticity of legal documents, including:
- Contracts and agreements
- Power of attorney Thailand documents
- Company resolutions and corporate documents
- Affidavits and declarations
- Property transactions and real estate documents
2. Witnessing Signatures
One of the primary functions of a Notarial Services Attorney is to witness and certify signatures on important documents, ensuring that the signatories have signed willingly and with full understanding.
3. Affidavits and Sworn Statements
Individuals who need to make sworn statements or affidavits for legal or business purposes can do so before a Notarial Services Attorney, who will confirm the identity of the individual and the validity of the statement.
4. Legalization of Documents for International Use
For documents to be used in foreign countries, they often require notarization followed by legalization at the Ministry of Foreign Affairs of Thailand and, if necessary, the relevant foreign embassy.
5. Certifying Translations
A Notarial Services Attorney can certify translations of documents for official use, ensuring their accuracy and validity in a legal or business setting.
6. Company and Business Documents
Businesses often require notarized documents, such as:
- Company registration certificates
- Board resolutions
- Shareholder agreements
- Memoranda of association
- Financial statements for international transactions
Process of Notarization in Thailand
The process of obtaining notarized documents in Thailand typically follows these steps:
Step 1: Contact a Notarial Services Attorney
Individuals or businesses needing notarization should seek a qualified Notarial Services Attorney. Many law firms and legal service providers in Thailand offer notarial services.
Step 2: Document Review
The attorney will review the documents to ensure they comply with legal requirements before notarization.
Step 3: Verification of Identity
The individual signing the document must provide identification, such as a passport or national ID card, to confirm their identity.
Step 4: Signing and Notarization
The signatory will sign the document in the presence of the attorney, who will then affix their official seal and signature to certify the document.
Step 5: Additional Legalization (if required)
For documents intended for use abroad, further legalization may be required at the Ministry of Foreign Affairs of Thailand or the respective embassy of the destination country.
Differences Between a Notarial Services Attorney and a Notary Public
| Feature | Notary Public (Common Law Countries) | Notarial Services Attorney (Thailand) |
|---|---|---|
| Appointment | Government-appointed official | Private lawyer certified by the Lawyers Council of Thailand |
| Authority | Broad authority in legal document authentication, including issuing apostilles | Limited to certifying documents for legal and business use |
| Recognition | Generally recognized worldwide | Requires additional legalization for international recognition |
| Role in Courts | May have judicial functions in some jurisdictions | Acts primarily as a legal witness and certifier |
When Do You Need Notary Public Services in Thailand?
1. For International Business and Legal Transactions
- Foreign investors and companies often require notarized documents for legal procedures, business registrations, and international contracts.
- Companies submitting documents abroad (e.g., corporate agreements, financial statements) often require notarization.
2. For Immigration and Visa Applications
- Foreign nationals applying for visas, work permits, or permanent residency may need notarized documents, such as birth certificates, marriage certificates, and financial statements.
3. For Real Estate Transactions
- Buying or selling property in Thailand, particularly for foreigners, often involves notarized documents.
- Power of attorney for real estate transactions may require notarization.
4. For Court and Legal Proceedings
- Certain affidavits, statements, and evidence submissions in legal cases may require notarization.
5. For Personal Legal Matters
- Notarization is often needed for documents such as wills, prenuptial agreements, and inheritance documents.
Cost of Notarial Services in Thailand
The cost of notarial services in Thailand varies based on the complexity and type of document. Factors affecting the cost include:
- Number of documents requiring notarization
- Additional legalization requirements
- Law firm fees and service charges
Generally, simple notarizations start from THB 500 to THB 2,000 per document, while more complex certifications may cost higher, especially if translation or embassy legalization is required.
Challenges and Limitations of Notary Public Services in Thailand
1. Limited International Recognition
Since Thailand is not a signatory to the Hague Apostille Convention, notarized documents often require further legalization at the Ministry of Foreign Affairs and embassies, making the process longer and more expensive.
2. Variability in Notarial Services
The authority of Notarial Services Attorneys is more limited compared to Notary Public officials in Western countries, which may lead to inconsistencies in document acceptance abroad.
3. Legal and Language Barriers
Foreigners may face challenges in understanding Thai legal documents. Certified translations and legal consultations may be necessary.
Conclusion
While Thailand does not have a traditional Notary Public system, Notarial Services Attorneys provide essential document authentication and certification services. These services are widely used for business transactions, immigration matters, real estate dealings, and international legal procedures. However, due to the lack of direct recognition under the Hague Apostille Convention, additional steps are often required for document legalization.
For individuals and businesses needing notarization in Thailand, it is advisable to seek legal professionals with expertise in notarial services to ensure compliance with Thai and international legal requirements.