A public notary is an experienced lawyer who has undertaken additional training to take on the role of a notary. They are appointed certain powers that allow them to carry out a range of administrative tasks without being limited by geographical borders. A public notary's signature is recorded and lodged with both the Supreme Court and the Department of Foreign Affairs and Trade. This allows any documents they notarise to be crosschecked with their stored signature to ensure they are genuine.
Tasks Carried Out By A Public Notary
A public notary can verify and also certify documents that are required for use in Australia or that will be used by Australians to carry out business overseas. They can also administer oaths and certify legal documents pertaining to wills, contracts and powers of attorney. Aside from preparing and certifying documents, a public notary can also act as a witness to statutory declarations and affidavits. They can also lodge a protest in relation to bills of exchange and act as a consultant when advice on the legal process relating to notarising is required.
Differences Between A Notary And Justice Of The Peace
A public notary and a Justice of the Peace have some key similarities, but the main difference between them is that a Justice of the Peace cannot witness or certify documents that will be used abroad. A Justice of the Peace does not have to be a lawyer and is typically a volunteer. They are appointed to the role with the approval of the Attorney General.
Common Reasons For Requiring A Public Notary
You may need an appointment with a public notary if you are applying for a patent or wish to register a trademark. If you are selling foreign residential or commercial property or wish to transfer land, you should speak with a public notary. Additionally, if you require copies of academic transcripts, citizenship declarations or legal documentation to confirm you have permission to take a child out of the country without their parents or legal guardians, you should consult a public notary.
You can find a public notary by contacting your local law office. They may have public notaries on-site, or they will be able to provide contact details for notaries in your area. To get the most out of your appointment with a public notary, double-check what documentation you need to take with you. Without the correct documentation, you will have to schedule another appointment and will be unlikely to receive a refund.
For more info, contact a local company like BSG Lawyers.