The Three-Step Process

For many documents intended for overseas use, there are potentially three stages:

Step 1 – Notarisation

Ross Lee, as Notary Public, can:

• verify your identity;

• examine the relevant documents;

• witness signatures;

• take oaths and declarations where appropriate;

• witness unsworn documents;

• certify copies;

• prepare notarial certificates; and

• authenticate or notarise documents as required.

Identity is an important part of the notarial process. Clients will generally need to produce appropriate photographic identification, such as a passport, national identity card or Australian driver’s licence.

For formal apostille or authentication matters, additional certified identification may also be required.

Step 2 – DFAT Apostille or Authentication

After notarisation, the overseas recipient may require the document to be legalised by the Australian Department of Foreign Affairs and Trade (DFAT).

As a general rule:

Apostille
Documents for countries that are parties to the 1961 Hague Apostille Convention may require an apostille.

Authentication
Documents for countries outside the Hague Apostille Convention may instead require DFAT authentication.

The purpose of the DFAT process is, broadly, to authenticate the signature, stamp or seal of the Australian official concerned.

The exact requirements should always be confirmed with the overseas recipient.

Step 3 – Embassy or Consulate Legalisation

For some countries, DFAT apostille or authentication is not the final step.

The relevant foreign embassy or consulate may require further legalisation or authentication before the document can be accepted.

This can be particularly important for documents destined for countries that have their own additional legalisation requirements.

We can assist clients to understand the overall process and, where requested, can assist with arranging the DFAT stage.

We Help With the Process

Many clients arrive with instructions from an overseas lawyer, government department, bank or other institution that are unfamiliar or unclear.

Our experienced staff can assist clients in working through the Australian notarial requirements.

We can help identify:

• what needs to be notarised;

• what identification is required;

• whether copies need to be certified;

• whether a notarial certificate is required;

• whether DFAT apostille or authentication may be required;

• whether embassy or consulate legalisation may follow; and

• what information should be obtained from the overseas recipient.

However, because requirements differ between countries, clients should obtain advice from the lawyer, notary or relevant authority in the destination country concerning the legal requirements for using the document there.

We can advise on the Australian notarial process but cannot be expected to know the current law and procedure of every foreign jurisdiction.

Personal Documents

We regularly deal with personal documents intended for overseas use, including:

• passports and identity documents;

• birth certificates;

• death certificates;

• marriage certificates;

• declarations;

• powers of attorney;

• personal statements;

• affidavits; and

• other personal documentation.

The receiving authority may require certification of the original, a certified copy, notarisation or further legalisation.

Business and Corporate Documents

International businesses frequently require Australian documents to be notarised.

These may include:

• powers of attorney;

• company statements;

• directors’ resolutions;

• corporate authorities;

• bank applications;

• government forms;

• commercial agreements;

• declarations;

• certificates; and

• documents required by foreign companies.

Where the document forms part of a larger commercial transaction, Lee Lawyers can provide separate Australian legal assistance where appropriate.

Academic and Professional Documents

Australian qualifications and academic records may need to be notarised or authenticated for use overseas.

This can arise where an individual is:

• working overseas;

• studying overseas;

• applying for professional recognition;

• seeking registration in another country; or

• responding to requirements imposed by an overseas employer or institution.

Documents may include:

• university qualifications;

• school certificates;

• academic transcripts;

• professional qualifications; and

• other educational records.

The overseas institution should confirm exactly what certification and legalisation it requires.

Powers of Attorney for Overseas Use

Powers of attorney are commonly notarised when an Australian person or company needs to authorise someone overseas to act on their behalf.

This may relate to:

• overseas property;

• banking;

• investments;

• business interests;

• corporate transactions;

• estates; or

• other international matters.

Where possible, a power of attorney intended for use overseas should generally be prepared or approved by a lawyer or notary familiar with the law and requirements of the destination country.

For straightforward documents, Ross may be able to assist with preparation. For complex documents, we recommend obtaining advice from a lawyer or notary in the destination country before execution.

Once the appropriate document has been prepared, Ross can undertake the Australian notarial requirements.

Drawing Up Documents

Some documents can be prepared by our Notary Public.

However, many documents intended for use overseas are best prepared by the lawyer or notary in the destination country, because that person understands the foreign legal and procedural requirements.

This is particularly important for complex documents such as powers of attorney and documents affecting foreign property or legal rights.

Our role is to ensure that the Australian notarial requirements are properly addressed once the appropriate document has been prepared.

Apostille and Authentication Assistance

After notarisation, clients can generally arrange DFAT legalisation themselves.

However, the process can sometimes be inconvenient or confusing.

Where requested, we can assist with the DFAT procedure, including arranging for documents to be submitted for:

• DFAT Apostille; or

• DFAT Authentication.

Clients may also require subsequent embassy or consulate legalisation.

The cost and process will depend upon the number and nature of the documents and the requirements of the destination country.