A statutory declaration is a statement of fact(s) you declare true. It can be used as evidence. You may need a statutory declaration for many reasons, such as confirming your personal details.
A statutory declaration witnessed by a Notary Public carries additional credibility, as the Notary Public verifies your identity and ensures that the declaration is made voluntarily and truthfully. These declarations can be used for international purposes, as Notary Public services are recognised worldwide. In some countries, statutory declarations or statements of truth witnessed by a Notary Public are legally accepted as part of cross-border legal and administrative processes, such as for the Apostille process or in international legal matters.
We offer a full range of notarial services for witnessing various types of Statements and Statutory Declarations:
- Declaration of Identity
- Declaration of Residence
- Declaration of Single Status
- Declaration of Marital Status
- Declaration of Family Relationship
- Declaration of Legal Guardianship
- Declaration of Inheritance Acceptance
- Declaration of Inheritance Waiver
- Attachment-Related Declaration
- Provide additional, specific declarations as required for various legal or administrative purposes.
Required Documents
If you previously held a Chinese ID card and passport and used these documents for property transactions, bank account openings, or other procedures within China, but have since acquired Australian citizenship and hold an Australian passport, your original Chinese ID and passport are now invalid. In this case, a “Same Person Declaration” can confirm that these documents all belong to you.
If you have used an old Australian passport for registrations with property management bureaus, banks, or business registration offices in China and have since replaced it due to expiry or other reasons, resulting in a change of passport number, a “Same Person Declaration” will be needed to confirm that the old and new passports belong to the same person.
If you have changed your name due to naturalisation, marriage, or other personal reasons, or if you want to confirm that the Chinese name on your original Chinese documents and the English name on your Australian passport refer to the same person, a “Same Person Declaration” can assist you.
Required Documents:
- The standard content for the “Same Person Declaration” can be provided by us or drafted by the relevant domestic agency;
- The applicant’s original valid passport and Driver’s Licence/Photo ID;
- Originals or scanned copies of all documents mentioned in the declaration (Chinese passport, ID card, household registration book, etc.).
According to relevant laws, if you are one of the lawful heirs to an estate, you need to declare whether you choose to inherit or renounce the inheritance (including but not limited to real estate, property, vehicles, bank deposits, company shares, financial products, stocks, housing provident funds, etc.).
If you are in Australia and unable to return to China to handle the inheritance matters in person at a local notary office or court, you can prepare a Declaration of Inheritance/Renunciation of Inheritance. This declaration will state that after careful consideration, you voluntarily choose to inherit/renounce your inheritance rights and fully understand the legal consequences of this decision, with no intention of retracting it.
Required Documents:
- The content of the Declaration of Renunciation of Inheritance/Renunciation;
- The applicant’s original valid passport and Driver’s Licence/Photo ID.
Statement of Settlement is a proof of Residence Overseas Permanently used by individuals residing in Australia to demonstrate to relevant Chinese authorities that they have settled abroad or to verify their status as a foreign permanent resident.
Chinese citizens or Australian Chinese residents living in Australia may need to provide this statement when dealing with matters such as transferring property abroad, remitting funds, or cancelling household registration in China. Relevant Chinese government departments will require proof of Australian residency documents.
Required Documents:
- The content of the Statement of Settlement;
- The applicant’s original valid passport and Driver’s Licence/Photo ID;
- Proof of address: such as a Driver’s Licence, Photo ID card, council rate, or electricity bill.
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.
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