Notary Public in Thailand

In Thailand, the concept of a Notary Public plays an essential role in authenticating and certifying documents for both domestic and international use. Although Thailand does not have a traditional “Notary Public” system like those in common law countries, it provides an equivalent function through Notarial Services Attorneys. These are licensed Thai lawyers who have received special authorization from the Lawyers Council of Thailand to perform notarial acts. Understanding how the notarial system works in Thailand is crucial for individuals and businesses dealing with legal documents, property transactions, or cross-border matters.

1. Legal Framework of Notarial Services in Thailand

The authority to perform notarial functions in Thailand stems from the Lawyers Act B.E. 2528 (1985) and the Regulations of the Lawyers Council on Certification of Documents and Signatures by Lawyers B.E. 2546 (2003). These regulations empower the Lawyers Council of Thailand to grant certification rights to qualified attorneys who complete specific training on notarial procedures.

Unlike other countries where notarial services are a separate profession, in Thailand, only licensed attorneys in good standing can apply for certification as Notarial Services Attorneys. This ensures that those who perform these duties have legal expertise and are bound by professional and ethical standards under Thai law.

2. Qualifications and Appointment of Notarial Services Attorneys

To become a Notarial Services Attorney in Thailand, a lawyer must:

• Hold a valid license to practice law issued by the Lawyers Council of Thailand.

• Complete a specialized training course on Notarial Services offered by the Council.

• Pass the examination and receive a certificate of authorization to perform notarial acts.

Once certified, these attorneys are officially recognized to act as notaries under Thai law. Their authority is limited to Thailand, but their certifications are widely accepted internationally, especially when combined with further authentication (such as legalization or apostille, depending on the destination country).

3. Functions and Duties of a Notary Public in Thailand

A Notarial Services Attorney in Thailand performs a wide range of legal and administrative functions that help verify the authenticity of documents and transactions. The main duties include:

a. Attesting Signatures

One of the most common tasks is to verify and witness the signing of documents. The notarial officer ensures that the signatory personally appears, provides valid identification, and signs the document voluntarily. This process is often required for contracts, affidavits, powers of attorney, and corporate resolutions.

b. Certifying Copies of Documents

A notary may certify that a photocopy of a document is a true and correct reproduction of the original. This service is commonly used for passports, educational certificates, business licenses, or financial statements.

c. Administering Oaths and Affirmations

Notarial officers can administer oaths or affirmations for affidavits, declarations, and sworn statements. This ensures that the person making the statement understands the legal significance and potential penalties for providing false information.

d. Verifying Identities and Authority

When signing on behalf of a company, the notary confirms that the person has proper authority (e.g., director or authorized signatory) under Thai corporate records. This is particularly important in international business dealings, mergers, or property transactions.

e. Preparing and Certifying Powers of Attorney

Powers of attorney in Thailand that will be used overseas often require notarization to confirm the authenticity of the grantor’s signature and intent. A Notarial Services Attorney ensures that the document meets both Thai legal standards and the requirements of the destination country.

f. Witnessing and Authenticating Contracts

In certain transactions—especially real estate sales, cross-border investments, or financial agreements—a notary’s presence provides additional assurance that all parties understand and consent to the contract’s terms.

4. Commonly Notarized Documents in Thailand

Notarial services in Thailand are frequently used for both personal and business purposes. Some of the most commonly notarized documents include:

• Affidavits and declarations for use abroad.

• Powers of Attorney for property sales, vehicle registrations, or visa applications.

• Corporate documents such as board resolutions, certificates of incorporation, or shareholding records.

• Bank documents including loan agreements, guarantees, and account openings.

• Educational or professional documents for overseas employment or study.

• Immigration documents such as visa or residency applications.

• Property-related contracts involving foreign nationals or cross-border investors.

5. Recognition of Thai Notarial Acts Internationally

While Thailand is not a member of the Hague Apostille Convention, documents notarized in Thailand can still be used internationally after undergoing an additional legalization process. Typically, the steps are as follows:

1. Notarization by a certified Notarial Services Attorney.

2. Legalization by the Ministry of Foreign Affairs (MFA) of Thailand to confirm the notary’s authority.

3. Authentication by the foreign embassy or consulate of the country where the document will be used.

Once these steps are completed, the document is fully recognized for use abroad—whether for business registration, visa processing, or court proceedings.

6. Importance of Notarial Services in Business and Legal Transactions

Notarial services play a vital role in maintaining trust, transparency, and legal compliance in both domestic and international dealings. Their importance can be seen in several contexts:

a. International Trade and Investment

Foreign investors often rely on notarized documents to establish companies, sign joint venture agreements, or authorize representatives in Thailand. Notarial certification adds credibility and ensures documents meet international standards.

b. Property and Real Estate Transactions

When buying or selling property—especially when one party resides overseas—a notarized power of attorney allows a representative to complete the transaction legally on behalf of the principal.

c. Legal Proceedings Abroad

Courts and government agencies in other countries often require notarized affidavits or certified documents issued in Thailand. Proper notarization ensures that these documents are accepted without question.

d. Personal Legal Affairs

Individuals may need notarized documents for visa applications, marriage registrations, inheritance matters, or studying abroad. Having documents properly notarized prevents delays or rejections in foreign jurisdictions.

7. Fees and Procedure for Notarial Services in Thailand

The fees for notarial services vary depending on the law firm, document type, and complexity. In general, the process involves:

1. Document Review – The notary examines the documents to ensure legality and completeness.

2. Identity Verification – The signatory provides valid identification such as a passport or Thai ID card.

3. Execution of Documents – The notary witnesses the signing or certifies the copy as genuine.

4. Issuance of Certificate – The notary affixes their signature, seal, and registration number.

Typical fees range from THB 500 to THB 2,000 per document, though complex corporate documents may incur higher costs. It is advisable to confirm the fee schedule before proceeding.

8. Choosing a Reliable Notarial Services Attorney

When selecting a notarial officer in Thailand, consider the following:

• Verify that the attorney is officially certified by the Lawyers Council of Thailand.

• Choose a lawyer or firm experienced in international document legalization.

• Ensure the notary’s signature and seal are recognized by the Ministry of Foreign Affairs.

• Request bilingual notarization (Thai and English) if the documents will be used overseas.

Working with a reputable notarial attorney ensures your documents meet all legal and procedural standards, minimizing the risk of rejection abroad.

Conclusion

The role of a Notary Public in Thailand—performed by certified Notarial Services Attorneys—is indispensable in today’s interconnected world. Whether for business, property, or personal matters, notarization ensures that documents are authentic, properly executed, and legally recognized both in Thailand and internationally.

By engaging a qualified notarial lawyer, individuals and businesses can safeguard their transactions, comply with legal formalities, and build confidence in cross-border dealings. In a globalized environment where documentation integrity is paramount, notarial services stand as a trusted bridge between Thai law and the international community.