Category: Other Legal Services

Types of Notary Public in Thailand

In many countries, notaries public play a critical role in verifying documents, administering oaths, and authenticating signatures for legal purposes. Thailand, although not following the common law tradition, has adopted certain functions of a notary public to meet the needs of individuals, businesses, and foreign nationals engaging in legal and commercial activities. However, the notarial system in Thailand differs from that of Western jurisdictions, and understanding the types and roles of notarial services is essential for anyone dealing with legal documentation in the country.

This article will explore the different types of notarial services in Thailand, who can provide them, and the legal framework that governs them.

1. The Legal Basis for Notarial Services in Thailand

Thailand does not have a formal “Notary Public” system as found in countries like the United States or the United Kingdom. Instead, the equivalent function is provided by Notarial Services Attorneys, who are licensed lawyers authorized by the Law Society of Thailand (also known as the Thai Bar Association) to perform notarial acts.

To become a Notarial Services Attorney in Thailand, a licensed lawyer must complete a special training course and pass an examination administered by the Lawyers Council. Once certified, these attorneys can provide a range of notarial services that are recognized both within Thailand and internationally.

2. General Roles of a Notarial Services Attorney

Notarial Services Attorneys in Thailand serve the public by:

• Certifying signatures on legal documents

• Verifying the authenticity of identity documents

• Witnessing the signing of contracts

• Attesting to the truthfulness of translations

• Administering oaths and affirmations

• Certifying copies of official documents

• Preparing affidavits and declarations for use abroad

These services are often required for cross-border transactions, visa and immigration processes, international business dealings, and court submissions in foreign jurisdictions.

3. Types of Notary Public Services in Thailand

Although Thailand does not categorize notaries into different official titles (like civil-law notaries vs. common-law notaries), the functions of notarial services can be divided into several practical types based on the purpose of the document and the needs of the client.

a. Document Authentication and Certification

One of the most common notarial services in Thailand is the authentication of documents, especially for foreign use. This includes:

• Birth certificates

• Marriage certificates

• Educational degrees

• Employment letters

• Passports and ID cards

A Notarial Services Attorney will compare the original document with a copy and certify its authenticity. This is often needed when submitting Thai documents to foreign embassies or applying for visas and work permits abroad.

b. Signature Verification

Signature verification is another core notarial function. The attorney verifies the identity of the person signing the document and confirms that the signature was made willingly and knowingly. This is essential for:

• Power of Attorney documents

• Loan agreements

• Business contracts

• Real estate transactions

Signature verification by a Thai Notarial Services Attorney is especially important for documents that will be used outside Thailand, such as sending a power of attorney in Thailand to a lawyer overseas.

c. Affidavit and Statutory Declaration Certification

In certain legal or immigration processes, individuals must make sworn statements or affidavits declaring facts under oath. A Notarial Services Attorney in Thailand can prepare and witness the signing of these documents, which are then admissible in foreign courts or institutions.

This service is frequently used for:

• Immigration applications

• Name change declarations

• Claims of legal residence or relationship

The notary ensures the declarant understands the statement and affirms its truthfulness under penalty of perjury.

d. Certified Translations

For documents written in Thai to be accepted abroad (or vice versa), they often need to be translated and certified. While a Notarial Services Attorney may not perform the translation themselves, they can:

• Certify the accuracy of a translation

• Authenticate the credentials of the translator

• Provide an affidavit verifying that the translation is true and correct

This type of notarial service is critical in embassies, consulates, and international business transactions.

e. Notarization of Corporate Documents

Companies operating in Thailand often require notarized corporate documents when doing business with foreign partners or registering with authorities overseas. These may include:

• Company registration certificates

• Articles of association

• Shareholder resolutions

• Board meeting minutes

A Notarial Services Attorney can verify that the documents are genuine and that the person signing them has the legal authority to do so. This function is vital in cross-border mergers, trademark registrations, and foreign investment procedures.

f. Oath Administration and Witnessing of Declarations

In some situations, such as court testimony or official applications, individuals are required to take an oath or make a solemn affirmation. A Notarial Services Attorney can:

• Administer oaths

• Act as an official witness

• Certify that the declaration was made in accordance with legal procedures

This type of service is particularly useful for international legal proceedings or applications involving embassies and consulates.

4. Limitations and Considerations

While Notarial Services Attorneys in Thailand offer many of the same services as notaries in other countries, there are some limitations to be aware of:

• Their notarizations are not always recognized in all foreign jurisdictions unless further legalized or authenticated by the Ministry of Foreign Affairs or a relevant embassy.

• Notarial Services Attorneys do not have judicial authority (unlike civil-law notaries in some countries).

• Some embassies, such as the U.S. Embassy in Bangkok, may require documents to be notarized by their consular officers rather than a Thai notary.

Therefore, it is advisable to check with the receiving authority or institution regarding their requirements before proceeding with a Thai notarial service.

5. Legalization and Apostille

Thailand is not a party to the Hague Apostille Convention, meaning that notarized documents may require additional steps to be recognized abroad. Typically, after notarization by a Notarial Services Attorney, documents must be:

1. Legalized by the Ministry of Foreign Affairs of Thailand, and

2. Certified by the embassy or consulate of the destination country.

This multi-step process is often referred to as “full legalization” and is critical for document acceptance in countries not recognizing Thai notarial acts directly.

Conclusion

Although Thailand does not use the term “notary public” in the traditional sense, the country has developed a reliable system through Notarial Services Attorneys to fulfill the growing demand for certified legal documentation. These professionals perform a wide range of essential services, from authenticating signatures to verifying translations and notarizing corporate documents.

For Thai citizens, expatriates, and foreign investors alike, understanding the types of notarial services available—and how to use them effectively—can streamline many legal, commercial, and administrative processes both within Thailand and internationally.