Notary Public Service

 

Notary Public Service

A Notary Public Service is a public official or lawyer appointed by the Lawyer Association of Thailand to serve as an impartial witness. The services a notary is permitted to provide are limited by the state where is commissioned, and the notary is typically only allowed to perform those services within the geographic bounds of that commission. Common services notary public service can provide include administering oaths, affirmations and acknowledgements.

Types of Notary Services provide.

  • Acknowledgements.
  • Oaths and Affirmations.
  • Attestations and Jurats.
  • Signature Witnessing.
  • Verifications.
  • Any other Acts Authorized by law.

Notary Public Service or Notarial Service Attorney
A notary is a publicly commissioned official, also referred to as a “notary public.” The main duty of a notary is to serve as an impartial witness to the signing of a legal document. Notaries cannot refuse to witness a document based on race, nationality, religion or sex. Document signings where consumers are likely to need the services of a notary include real estate deeds, affidavits, wills, trusts and powers of attorney. The main reason a notary is used is to deter fraud.

Notaries are also used to create a trustworthy environment for strangers. Prior to the signing of a document, notaries ask for photo identification from parties involved to verify identity and see signatures ahead of time. A notary can refuse to authenticate a document if he is uncertain of the identity of the signing parties or suspects fraud. For a document to be notarized, it must contain a commitment of some sort via text. The document must also contain original signatures from the parties involved. The document then receives a notarial certificate and the seal of the notary who witnessed the signings. Notaries are not able to give legal advice and can be fined for doing so. Notaries are not to act in situations where they have a personal interest.

Acknowledgements

The primary purpose for notaries is to serve as an official fraud determent, according to the Thai National Notary Association. In that capacity, a notary can perform acknowledgement services. An acknowledgement involves the signing of official documents, such as deeds, contracts and powers of attorney. The signer of a document must acknowledge before the notary that the signature on the document is genuine, that he signed the document of his own free will apart from any coercion and that he understands the provisions of the document.

Acknowledgement: a notarial act where the notary certifies that, at a single time and place, all the following occurred:

a. An individual appeared in person before the notary and presented a record;

b. The individual was personally known to the notary or identified by the notary through satisfactory evidence; and

c. The individual signed the record while in the physical presence of the notary and while being personally observed signing the record by the notary.

Oaths and Affirmations

Some legal documents involve a greater level of gravitas than others and require not only a signature but also an oath or affirmation by the signer that the information contained in the document is true. All states allow notaries to administer such oaths or affirmations. Unlike an acknowledgement, documents involving an oath or affirmation must be signed in the notary’s presence.

Oath: a notarial act that is legally equivalent to an affirmation and in which a notary certifies that at a single time and place, all of the following occurred:

a. An individual appeared in person before the notary;

b. The individual was personally known to the notary or identified by the notary through satisfactory evidence; and

c. The individual made a vow of truthfulness on penalty of perjury while invoking a deity or using a form of the word ‘swear’.

 Affirmation: a notarial act that is legally equivalent to an oath and in which a notary certifies that at a single time and place, all of the following occurred:

a. An individual appeared in person before the notary;

b. The individual was personally known to the notary or identified by the notary through satisfactory evidence; and

c. The individual made a vow of truthfulness on penalty of perjury, based on personal honor and without invoking a deity or using a form of the word ‘swear’.

Identification

One of a notary’s primary responsibilities is positively establishing the signer’s identity. This typically involves the signer providing satisfactory documentary evidence of his identity or the notary’s personal knowledge of the signer. Some country allow notaries to notarize a signature without the signatory’s presence, provided a person who witnessed the signing swears or affirms that the signature is genuine.

 Attestations and Jurats:

a. ‘Attest’ or ‘attestation’ means the completion of a certificate by a notary who has performed a notarial act.

b. ‘Jurat’ means a notary’s certificate evidencing the administration of an oath or affirmation.

c. ‘Notarial Certificate’ means the portion of a notarized record that is completed by the notary, bears the notary’s signature and seal, and states the facts attested by the notary on that record.

Affidavit: a voluntary written statement made by a person under oath or affirmation and then notarized. They are often used in court proceedings and legal matters, but affidavits may be used for a variety of purposes.

Verification or Proof: a notarial act in which a notary certifies the following:

a. An individual appeared in person before the notary;

b. The individual was personally known to the notary or identified by the notary through satisfactory evidence;

c. The individual was not a party to or beneficiary of the transaction; and

d. The individual took an oath or gave an affirmation and testified that he or she is a subscribing witness and as such: i. Witnessed the principal who signed the record; or ii. Received the acknowledgement of the principal’s signature from the principal who signed the record.

We are providing Notary Public Service by attorney lawyer who’s appointed by the Lawyer Association of Thailand. Thailand is not a signatory to the Hague Convention on Legalization of Foreign Public Documents, in some cases, parties who have engaged notarial services in Thailand may need to have the notarized document authenticated or legalized further at the Ministry of Foreign Affairs of Thailand, or at the Embassy of the country to which the document is to be presented.

Samples of our Notary Public Service