What is a notary?In Victoria, a notary is a specially qualified practising lawyer who holds a unique office of trust and fidelity within the legal system. Among other things, a notary has the internationally recognised power and authority to: prepare, attest and certify deeds and other documentsauthenticate the execution of documentsverify copy documentsadminister oaths and take declarationsprovide certificates of lawfor use outside Australia, anywhere in the world Why have documents notarised? To minimise the possibility of fraud and forgery, most countries require important commercial or personal documents which originate from another country to be notarised before they can be used or officially recorded. What proof of identity is required? The high level of trustworthiness conferred on notarised documents is based upon verification by notaries of signers' identities and their understanding of the documents they are signing. Unless they are personally known to the notary, signers must be satisfactorily identified by the production of, at least, a current passport or some other document issued by a government department or agency which includes a photograph and specimen signature.
Are there special requirements for company documents? If company documents are being notarised, proof of the signer's status within the company and authority to sign is usually required as well as proof of the company's existence. It will often also be necessary for the notary to ascertain that appropriate corporate governance procedures have been followed to authorise the preparation and execution of the documents concerned.
How are notarial fees fixed? Notarial fees are recommended from time to time by the Society of Notaries of Victoria. Fees reflect both the time taken to prepare documents and certificates and the skill and responsibility involved in particular tasks.
Fee estimates given by telephone or email are not formal quotations and are given subject to actually seeing the document(s) to be notarised.
What is legalisation? In addition to requiring documents to be notarised, many countries also require the notary's authority, signature and seal to be officially verified or 'legalised", before notarised documents can be used. Legalisation is carried out by the Australian government's Department of Foreign Affairs and Trade ('DFAT') or by the consular officers of the country in which a notarised document is to be produced.
Sometimes, both DFAT and the relevant consulate are involved in the legalisation process.
Not all countries have consulates in Victoria. We have up-to-date consular information available and are able to give advice about legalisation requirements.
Most consulates charge fees for legalisation, which range from a few dollars to quite substantial amounts. Pensioner, student or other concessional discounts are rarely, if ever, available.
In Victoria, the DFAT office is located at Level 13, "Casselden Place", 2 Lonsdale Street, Melbourne (near Parliament Station) and is open from 8.30 a.m. to 4.00 p.m. on weekdays.
DFAT charges fees for its legalisation services. The fees are fixed by the Australian government and there are no pensioner, student or other concessional discounts.
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