This page is about my
notarial practice and what to expect if you request my
services. You may wish to read "What
is a Notary Public?"
first.
My duty
My overriding duty is
to ensure, to the
extent that is reasonably possible, the integrity of the document or
transaction for which notarial intervention is required.
Individuals, institutions, courts and governments throughout
the world
rely on my signature and notarial seal as an assurance that
the
document concerned, and the transaction embodied in it, complies with
our local law and is not tainted by violence, fraud, forgery,
error, omission or any other vitiating factor.
Inherent in that duty
is the
requirement for total independence and impartiality. Independence means
that I have no legal, personal, financial or other
interest
in the transaction or its outcome. Impartiality means that I do not
favour or represent the interest of one or more of the parties to the
transaction over the interest of any other party.
My task
is therefore a very serious one,
carrying heavy responsibility. No
matter how simple it may seem, notarial intervention is never
a mere formality.
It is not part
of my duty to provide legal advice on any document or transaction
brought before me
for
notarial intervention. Nor am I obliged to advise on the
efficacy or appropriateness of
any document or transaction in any foreign jurisdiction. Legal
advice on such matters must be sought from a lawyer, either in
Australia or overseas, who
is competent to advise on the relevant law.
Verification
of identity
Verification of
the
identity of each appearer
is the most fundamental component of every notarial intervention. I
will therefore require you to produce to me sufficient
original
documentation (usually more than one document) to verify your identity.
If you have a foreign
national identity number, and that number is stated with your name in
any
document produced to me for notarial intervention, you must produce the
relevant original
identity document to me.
If your residential
address or date
of birth or antecedents or any other distinguishing fact is critical to
the transaction, you must also produce original
documentation
which verifies these facts.
You should produce to
me the
following original
documents in your name or former name -
a
current Australian passport; or
a
current passport issued by a foreign
government,
containing a current Australian visa and/or an entry stamp issued by
Australian immigration authorities at the point of entry; or
an
Australian citizenship certificate; or
an
Australian Defence Force identity card or
discharge documents; or
a
South Australian firearms licence;
PLUS
a
current Australian driver's licence; or
a
recent statement of an account at an
Australian
financial institution; or
a
recent notice of assessment or invoice for an
Australian government or local government tax or rate; or
a
recent utility invoice, e.g., for
water, electricity, gas, telecommunications; or
an
Australian marriage certificate; or
where
relevant, documentary evidence of change
of
name; or
any
other document which, in conjunction with
those
above, will tend to verify identity for the purposes of the transaction
concerned.
If you are to
appear before me representing another person, you must also produce to
me, in addition to
satisfactory evidence to verify personal identity, the original
document evidencing your authority, such as a power of attorney, an
agency appointment, a grant of probate or letters of administration, or
the like.
If you are to appear
before me representing a company, and you are not
an officer of the company, you must produce to me, in addition to
satisfactory evidence to verify personal identity, the
following original
documents -
a current
ASIC
certificate of registration of the
company; and
a directors'
resolution or
power of attorney authorising you to
act on the company's behalf.
Appearance
You must appear
personally before me, by
prior appointment. This will usually
mean coming to my office. In some cases, I may be able to come to your
residence or place of work, but, if I am to do so, my fees will
include a component for the extra time and expense incurred.
I will ask you to send
or deliver to me, before an appointment is made,
the documents requiring notarial intervention and any
instructions received from the foreign jurisdiction. This will
enable me
to assess what is required; to raise any potential difficulty; to seek
clarification of anything that is not clear; to request additional
information if necessary; and to provide a fee estimate.
You must not
assume
that your appointment will be a
short one, so allow plenty of time in case it is needed.
A second
appointment
may be necessary, depending on the
nature and complexity of the matter.
You must bring
with
you, to the first appointment, in
addition to the identity documents mentioned above -
the
document(s) in respect of which you require
my
notarial intervention; and
if
I am to certify a copy of any document, the
complete original document and a high quality, complete and accurate
photocopy, two-sided if applicable, and in colour if applicable (if the
original is larger than A4 size, the copy may be a reduction to A4
size);
and
all
documents from the foreign jurisdiction
which
contain instructions for completion and authentication
of the notarial act (it is strongly recommended that you obtain such
instructions so as to minimise the possibility of error or omission);
and
any
other related documents which may help to
explain
the context, purpose and history of the transaction.
If there is a
requirement that your
execution of any document be witnessed by one or more witnesses, you
must bring the witness(es) with you.
If any of the
documents is written in a foreign
language, or if you cannot speak or understand English, a translator
and/or interpreter may be required and, in that event, special
arrangements will be
necessary. Alternatively, you should engage a notary who reads and
speaks the relevant language.
Do not staple
or
pin or otherwise bind the documents
before attending. However, if the documents are already stapled or
bound, leave them as they are.
The notarial act
A notarial act
has
been defined as "the act of a notary
public, authenticated by his signature and official seal, certifying
the
due execution in his presence of a deed, contract or other writing, or
verifying some fact or thing of which the notary has certain
knowledge": NP Ready, Brooke's
Notary (10th ed, 1988) 53.
Apart from the
simplest of notarial interventions, the act will
usually be in the form of a specially
drafted certificate
endorsed on, or attached to, the document to which it relates.
If the
certificate
is attached, it will usually be
fastened, in the traditional fashion, by a ribbon and seal in
such a
way as to
make any subsequent interference impossible without causing damage.
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