A Notary Public plays a vital role in authenticating legal documents, verifying signatures, and certifying transactions. In many countries, notarial services are essential for various legal and business purposes, such as property transactions, contracts, and immigration processes. However, the concept of a Notary Public in Thailand differs from that of Western countries. In Thailand, the equivalent of a Notary Public is known as a Notarial Services Attorney, and their functions are regulated by the Lawyers Council of Thailand.
This article provides an in-depth look at notarial services in Thailand, covering their legal framework, functions, common services, and the process for obtaining notarization.
1. Understanding Notarial Services in Thailand
In Thailand, the traditional concept of a Notary Public, as seen in countries like the U.S. or the U.K., does not exist. Instead, the Lawyers Council of Thailand grants authority to certain licensed lawyers to act as Notarial Services Attorneys who perform similar duties. These attorneys have undergone specialized training and certification to provide notarial services in compliance with Thai law and international standards.
A Notarial Services Attorney in Thailand is authorized to:
- Certify signatures and documents.
- Witness the signing of agreements and affidavits.
- Verify the authenticity of official documents.
- Administer oaths and affirmations.
- Authenticate powers of attorney and contracts.
2. Legal Framework for Notarial Services in Thailand
Unlike in Western countries, where Notary Public services are typically governed by a separate legal body, Thailand’s notarial functions fall under the supervision of the Lawyers Act B.E. 2528 (1985) and the Rules of the Lawyers Council of Thailand on Notarial Services B.E. 2546 (2003).
According to these regulations:
- Only licensed Thai lawyers who have completed notarial training and obtained certification from the Lawyers Council of Thailand are authorized to provide notarial services.
- Notarial Services Attorneys are required to adhere to strict professional and ethical standards when performing their duties.
- Their services are recognized both domestically and internationally, depending on the requirements of the receiving jurisdiction.
3. Common Notarial Services in Thailand
Notarial Services Attorneys in Thailand provide a wide range of services to individuals and businesses, including:
3.1 Certification of Signatures
One of the most common notarial services is the certification of signatures on legal documents, such as:
- Business contracts.
- Loan agreements.
- Property deeds.
- Visa and immigration documents.
This service ensures that the signature belongs to the individual signing the document.
3.2 Document Authentication
Notarial Services Attorneys verify the authenticity of official documents such as:
- Passports and identification cards.
- Educational certificates and transcripts.
- Corporate documents (e.g., business licenses and shareholder resolutions).
3.3 Powers of Attorney
A notarized Power of Attorney Thailand (PoA) allows an individual to legally authorize another person to act on their behalf in matters such as:
- Property transactions.
- Financial dealings.
- Legal representation.
3.4 Affidavits and Statutory Declarations
Individuals may need to make sworn statements or declarations in front of a Notarial Services Attorney for legal or business purposes, such as inheritance claims or court-related matters.
3.5 Contracts and Agreements
Important contracts, such as real estate sales, business mergers, and international trade agreements, often require notarization to confirm their validity and the identities of the signatories.
3.6 Translation Certification
In cases where official documents are translated from Thai to another language (or vice versa), a Notarial Services Attorney can certify the accuracy of the translation.
3.7 Company Registration Documents
Foreign investors and business owners may require notarized documents for registering a business in Thailand, such as:
- Articles of association.
- Shareholder agreements.
- Company incorporation papers.
4. How to Obtain Notarial Services in Thailand
If you need documents notarized in Thailand, follow these steps to ensure a smooth process:
Step 1: Choose a Certified Notarial Services Attorney
Ensure that the lawyer is registered with the Lawyers Council of Thailand and certified to provide notarial services. Many law firms, especially in Bangkok, Phuket, and Pattaya, offer these services.
Step 2: Prepare the Required Documents
Gather all necessary documents, including:
- Original identification (passport, ID card).
- The document requiring notarization.
- Supporting documents if required.
Step 3: Identity Verification
The Notarial Services Attorney will verify your identity to ensure the authenticity of the signature or document. This may involve presenting valid identification and additional supporting evidence.
Step 4: Signing in the Presence of the Attorney
In many cases, documents must be signed in front of the Notarial Services Attorney, who will witness and confirm the signature’s authenticity.
Step 5: Notarial Certification
The attorney will then affix their official notarial seal and signature to the document, certifying its authenticity. Some documents may also require an English translation.
Step 6: Legalization and Apostille (if needed)
For documents intended for use outside Thailand, additional legalization may be required by the Ministry of Foreign Affairs or relevant embassies. Thailand is not a member of the Hague Apostille Convention, meaning foreign authorities may require further authentication.
5. Costs of Notarial Services in Thailand
The fees for notarial services in Thailand vary depending on:
- The complexity of the document.
- The number of documents requiring notarization.
- The location and reputation of the law firm providing the service.
On average, standard notarization services range from 1,000 to 5,000 THB per document, with additional fees for translation and legalization services.
6. Limitations of Notarial Services in Thailand
While Notarial Services Attorneys provide essential document verification and certification services, there are some limitations:
- Notarial acts performed in Thailand may not always be accepted in countries with strict notarial laws unless properly legalized.
- Notarial Services Attorneys do not have the same powers as government-appointed notaries in other jurisdictions, such as performing marriage ceremonies or issuing public records.
- The process of document legalization for foreign use can be time-consuming and costly.
7. Conclusion
Notarial services in Thailand are essential for ensuring the authenticity and legality of important documents, especially for individuals and businesses engaging in cross-border transactions. Understanding the role of a Notarial Services Attorney, the process of obtaining notarization, and the legal framework can help streamline business operations and personal affairs requiring certified documents.
When seeking notarial services in Thailand, it is important to work with qualified legal professionals to ensure compliance with Thai and international legal requirements.