Notary Public

https://www.mynotarypublic.com.au/

A notary, also known as a notary public or public notary is a lawyer appointed by a local authority to perform functions related to the certification of documents for use internationally. Although the meaning of the word ‘notary’ varies around the world, in New South Wales it is broadly approximated as meaning an ‘international JP’. In New South Wales, a notary is appointed by the Supreme Court of New South Wales under the terms of the Public Notaries Act 1997 (NSW) and the Public Notaries Appointment Rules 1998.

Notaries in New South Wales are also usually very experienced lawyers given that they must be lawyers of at least 5 years standing and 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.

To “notarize” a document or event is not a term of art, and its definition varies from place to place; but it generally means the performance by a notary of a series of possible steps, which may include the following (not an exhaustive list):

Identifying the person appearing before the notary by reference to significant proofs of evidence including passport, driving licence, birth certificate, diplomatic documents etc. The notary may have to exercise considerable ingenuity in some cases, such as in the case of holocaust victims who lack formal documentation orillegal immigrants

Where land titles are involved or significant rights may accrue by reference to the identity, signatures may also be verified, recorded and compared

Recording the proof of identity in the notarial register or protocol

Satisfying the notary that the person appearing is of full age and capacity to do whatever is intended

Taking detailed instructions for a protest of a bill of exchange or a ship’s protest and preparing it

Taking an acknowledgment (in the United States) of execution of a document and preparing a certificate of acknowledgement

Sealing or stamping and signing the document

Recording all steps in the register or protocol

Often, in the case of lawyer notaries, the certificate to be provided will not require the person appearing to sign. Examples are: certificates authenticating copies – which are mostly not within the permissible functions of U.S. notaries, and certificates as to law, such as certificates as to the capacity of a company to perform certain acts, or explaining probate law in the place.

However, in Roman Law states or provinces, notaries or “title attorneys”, provide many of the same services as a lawyer (negotiation and drafting of contracts, legal advice, settlement of estates, creation of a company and its status, writing of wills and power of attorney, interpretation of the law, mediation, etc…) except any involvement in disputes to be presented before a court. Notaries are specialized in all matters relating to real estate, for example, completing title exams in order to confirm the ownership of the property, the existence of any charges such as “land servitudes” or mortgages.