Notaries are legal professionals who are authorized by the state to conduct specific tasks such as witnessing signatures, administering oaths, and certification to notarize documents in Thailand. The authority of notaries varies by country and jurisdiction. Additionally, the seal of a notary always helps to convey credit and authenticity to a document in a foreign jurisdiction.
Is it possible to Notarize Documents in Thailand? Is there such a thing as a notary in Thailand? They do, in fact. However, this was not the case many years ago, and the situation is a little more difficult now. Notaries in Thailand are “Thai Attorneys” who holds a specific license by the Thai Council of Lawyers. The Lawyers Act of 1985 governs the formation and operation of this bar organization.
Timeline of Notary in Thailand
Lawyers in Thailand are referred to as “Tanai Kwam” in Thai. These individuals have a license and are able to represent themselves in Thai courts. All Thai lawyers could certify documents for their clients a few years ago, but there was no standard for how to do so.
At the time, Mr. Dejudom Krairuek, the President of the Thai Lawyers Council, believed that Thai lawyers should have criteria for notarizing papers. This Lawyers’ Association made the decision to govern document notarization. Thailand’s Lawyers Council also issued letters to more than 50 nations about notarization in Thailand.
Thailand, on the other hand, has yet to establish an OFFICIAL Act of Parliament for “Notary Public,” which could be a difficulty. At the time, it was only a Thai Lawyers Council regulation. If you need a document to be utilized in a foreign court of justice, for example, and the opposing side contests it, they may win. They could argue that notarial services are illegal in Thailand, which is correct. The Thai Council of Lawyers, on the other hand, recognizes Thai “Notaries,” who are Thai lawyers who have obtained a notary license.
Notary in Thailand & International Law
According to a Thai Lawyers Council regulation, there are now roughly 4,000 Thai trained lawyers. They hold a certificate to recognize themselves as “notarial services attorneys.” In practice, they sign and affix seals to papers in order to authenticate them and ensure the legitimacy of signatures. However, they do not have permission to administer oaths.
Thailand has never implemented legislation to establish a notary public system. Instead, it appears that the regulation release of the Thai Lawyers Council in 2008 was in advance of the Thai parliament approving laws on document notarization.
Legalization for foreign public documents recognized notaries was eliminated by the Hague Convention. It was signed on October 5, 1961, and it is one of the Private International Law treaties. On January 1, 2010, Canada and Thailand were not members of the convention.
Thailand has not yet signed this treaty. Therefore, all public documents need legalization and certification of the Ministry of Foreign Affairs with the stamp of your embassy in Thailand. If you need to notarize or “legalize” a document, you should always be cautious. Inquire with the authorities about the document’s requirements and the type of “authentication” they will accept.
Some countries will only accept a notarization from their embassy. Few will accept any attorney’s signature from any jurisdiction. If the country recognizes notaries, some will accept notaries from any country. You may also require both a translation and legalization in some cases. As a result, determining the requirement might be difficult, especially if you wish to avoid doing work leading to rejection.
Activities of Thai Notary
Thai notaries normally perform the following acts:
- Attestation of signature done BEFORE ME
- Certifying TRUE COPY
- Attestation of photos of a person
- Administrating an Oath and affirmation
- Testimony and Oath and affirmation (Affidavit)
- Attestation of address
- Confirmation of Birthday
- Certified Correct Translation
Notarize Documents in Thailand
Notarization of Documents in Thailand is neither mandatory nor has acceptance by Thai authorities. Although some Thai authorities require a Thai lawyer to attest to the legitimacy of signatures on specific papers. But, this is not the same as the notarization of documents. For example, the signatures of directors appearing on a document to create a Thai Company must have authentication of a lawyer with the Thai Bar registration. Such documents may be certified by any Thai competent lawyer, regardless of whether the lawyer has taken the test to become a “Notarial Services Lawyer.” Furthermore, some documents signed outside of Thailand must have notarization in the foreign jurisdiction before their acceptance as properly authorized by Thai authorities.
Notarize Documents outside Thailand
You can Notarize documents in Thailand, but, the fact is that Thai authorities will not demand or accept them. But such documents are very essential for foreign authorities that must have notarization under Thai law. It is a question of foreign law whether they will give the notarization of these documents recognition. The answer is that most foreign officials are aware that there is no Thai statute allowing for Thai notaries.
To conclude, remember that without a Notarial Services Lawyer you will never be able to notarize your documents in Thailand. To get the best services, email us at [email protected].
