With the growth of international commercial activities, globalisation of economy and individual migration, notarisation of certain types of transactional or legal instruments becomes an important component of cross-border business transactions and personal activities.
What is Notary Public?
Australian notaries are officially appointed by the Supreme Court. They have the legal authority to confirm the authenticity and legality of facts, as well as to approve and certify domestic and international documents. Notaries are qualified senior lawyers. Although all notaries are legal practitioners, not all lawyers are notaries.
Notaries confirm the authenticity and legality of documents or witness the authenticity of signatures based on various applications from the parties. After verification, they issue a notary certificate to validate the documents in countries or regions outside Australia. Notarisation is limited to proving the authenticity of facts or the source of documents (such as the authenticity of signatures and seals) and does not cover the content of the documents or express any opinions. It is essentially a formal notarisation.
Legalising documents for use overseas
An apostille is a form of authentication issued to documents for use in countries that participate in the Hague Convention of 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents.
Step 1: Documents notarised with the signature and seal of Brightstone Legal Notary Public;
Step 2: DFAT (Department of Foreign Affairs and Trade) either affixes or attaches Apostille Certificates or stamps onto notarised documents originating in Australia for use in Hague Apostille Country.
Australian documents being used overseas may need additional government legalisation to meet the requirements of intended destination country. The legalisation process needs to establish a chain of authentication with respect to the signature and seal on notarised documents.
Step 1: Documents notarised by which the signature and seal of Brightstone Legal Notary Public;
Step 2: DFAT (Department of Foreign Affairs and Trade) verifies the signatures and seals appearing on notarised documents;
Step 3: Documents legalised by the intended destination country Embassies or Consulates in Australia.
We offer full range of notarial services for all countries to individual and corporations
The Brightstone Notary team provides comprehensive notarisation services to ensure your documents are legally recognised internationally.
Whether it’s a power of attorney, statements and declarations, personal documents and certificates, or company documents and certificates, we offer professional support. We handle documents including but not limited to personal and commercial powers of attorney, personal statements, property declarations, business declarations, birth certificates, marriage certificates, academic qualifications, company registration documents, shareholder resolutions, and financial statements.
Our goal is to ensure all your documents have legal validity in the world of international affairs and business.
Frequently Asked Questions (FAQ)
Notarisation is the process where a Notary Public verifies the authenticity of documents to ensure their legal validity. Legalisation, on the other hand, is completed by the Department of Foreign Affairs and Trade (DFAT) in Australia and is divided into two types: Apostille and Authentication Certificate.
Apostille is for countries that are signatories to the Hague Convention. Once the document is authenticated by DFAT, it can be used in any of the Hague Convention countries without additional consular authentication. The process is simpler.
Authentication Certificate applies to non-Hague Convention countries. After authentication by DFAT, the document must also be submitted to the relevant consulate for further legalisation.
Please confirm whether the destination country is a signatory to the Hague Convention to determine the applicable certification method.
The processing time depends on the service:
Standard Process: Notarisation and certification typically take 7-10 days.
Express Service: Expedited processing is available based on your needs.
Costs: Fees vary depending on the number of documents, type of documents, and speed of service.
It is recommended to contact us before booking to get an accurate quote.
If notarised documents (such as power of attorney or affidavits) are to be used in China, Chinese versions can be directly prepared. However, we recommend confirming with the domestic institution beforehand to ensure that the document format and content meet their requirements to avoid delays.
For legal documents with both Chinese and English versions, ensure both versions are consistent to avoid potential legal issues.
The Apostille certificate issued by the Department of Foreign Affairs and Trade (DFAT) is only provided in English (the official language). If the domestic institution requires another language, the document must be translated by an accredited translation agency in that Country after certification is completed.
Australian registered notaries can only issue notarial documents in the official language (English). If another language is required, translation must be done after the certification process by an accredited translation agency in your Country.
Although China is a signatory to the Hague Convention, some domestic institutions still require consular legalisation due to delayed policy updates. It is recommended to confirm with the relevant institutions before submission about the latest requirements for Apostille.
The Chinese Embassy in Australia stopped processing consular legalisation on November 7, 2023. For more related policies, please refer to the Chinese Embassy in Australia website.
Documents that require signatures, such as power of attorney or affidavits: By Australian law, these documents must be signed by the applicant in the presence of the notary and cannot be signed via video conferencing or electronic signatures.
Document-based files (e.g., birth certificate, marriage certificate): The notary can verify the original document, and the applicant can send the original to our office in Sydney without the need to be present.
Australian academic document notarisation: For degree certificates or transcripts from Australian universities, the applicant can send the original or electronic version to us. The notary will first verify the authenticity of the document with the relevant educational institution before proceeding with notarisation and legalisation.
Notarisation and legalisation typically do not have a specific expiry date but depend on the content of the document. For example:
If passport details are updated, the document must be re-notarised.
Criminal record certificates, single status certificates, etc.: Some institutions may require them to be issued within 6 months.
Academic documents: Some institutions may have a timeframe requirement for certification for degree verification or employment purposes.
It is recommended to consult the relevant department before proceeding to ensure the document’s validity.
Brightstone helps you with
1. Assiting in prepare your Notary documents
Provide the best solution from our professional Notary Public team on your documents to be used overseas, dedicated assistance in preparing the documents and Make an appointment with one of our Notary Public.
2. Meet with you to Notarise your documents
Bring your Original Valid Passport to the Brightstone Legal Office. We will either witness your signature on the Power Of Attorney and Statutory Declaration or certify a true copy of your original Australian Certificate and issue a Notary Certificate.
3. Authentication / Apostille Certificate
We will personally deliver your Notary documents to the Department of Foreign Affairs and Trade application forms along with your sealed Notary documents for Authentication or Apostille.
4. Receiving the completed Notary documents.
Within around 7-10 days, your completed notary documents will be ready for you to pick up from our office, or post overseas by your instruction.
At Brightstone Legal, our multi-disciplinary legal team works with clients across a broad area of legal practice.
Dispute Resolution and Litigation / Real Estate /Family Law/ Notary Public/ Financial Services / Criminal and Traffic Offence/ Immigration.
Not sure what you need help with?
Don’t worry, book a time to talk with one of our helpful and friendly solicitors.
