A Notary Public plays a crucial role in verifying and certifying important legal documents. In many countries, a Notary Public is a government-appointed official with the authority to witness signatures, administer oaths, and certify documents. However, Thailand does not have a government-appointed Notary Public system like Western countries. Instead, Thai lawyers who are certified by the Lawyers Council of Thailand can act as Notarial Services Attorneys to perform similar functions.
This article provides an in-depth guide to the role of Notarial Services Attorneys in Thailand, their legal authority, the types of documents they can certify, and how to use their services for both local and international purposes.
1. What is a Notary Public in Thailand?
In Thailand, there is no government-run Notary Public system like in the US or UK. Instead, the Lawyers Council of Thailand allows qualified lawyers to become Notarial Services Attorneys after completing special training and certification. These attorneys perform notarial functions, but their authority is limited compared to traditional Notaries Public in other countries.
1.1 Difference Between a Notary Public and a Notarial Services Attorney
| Feature | Traditional Notary Public (e.g., US, UK) | Notarial Services Attorney (Thailand) |
|---|---|---|
| Appointed by Government? | ✅ Yes | ❌ No |
| Witness Signatures? | ✅ Yes | ✅ Yes |
| Administer Oaths? | ✅ Yes | ✅ Yes |
| Certify True Copies? | ✅ Yes | ✅ Yes |
| Legalize Foreign Documents? | ✅ Yes | ❌ No |
| Authority Recognized Internationally? | ✅ Yes | ⚠️ Limited Recognition |
💡 Note: Because Thailand does not have an official Notary Public system, documents notarized in Thailand may require further legalization by the Ministry of Foreign Affairs or the Embassy.
2. Legal Basis for Notarial Services in Thailand
2.1 The Lawyers Act B.E. 2528 (1985)
- This law gives the Lawyers Council of Thailand the power to certify lawyers to act as Notarial Services Attorneys.
2.2 The Notarial Services Regulations of the Lawyers Council of Thailand
- These regulations allow Thai lawyers to provide notarial services after completing specialized training.
- Notarial Services Attorneys must follow strict ethical and procedural guidelines.
💡 Tip: Only lawyers who have been certified by the Lawyers Council of Thailand can legally provide notarial services.
3. Functions and Services of a Notarial Services Attorney in Thailand
Notarial Services Attorneys in Thailand can perform several key functions, including:
3.1 Witnessing Signatures and Certifying Identity ✍️
- Verifying signatures on contracts, agreements, and affidavits.
- Confirming that the signer is the correct person and signing willingly.
Example: A foreigner selling property in Thailand may need their signature witnessed before submitting the document to a government office.
3.2 Certifying True Copies of Documents 📜
- Authenticating copies of official documents such as passports, ID cards, and academic certificates.
- The Notarial Services Attorney confirms that the copy is identical to the original.
Example: A Thai citizen applying for a visa abroad may need certified true copies of their passport and birth certificate.
3.3 Administering Oaths and Affirmations 🏛️
- Administering sworn statements (affidavits) that require a person to declare something under oath.
- These affidavits may be used in court cases or official applications.
Example: A Thai citizen applying for a foreign visa may need to swear an affidavit about their financial status.
3.4 Certifying Commercial Documents for Business Transactions 📑
- Certifying contracts, agreements, and company documents for international use.
- Used in business deals, bank transactions, and foreign company registrations.
Example: A Thai company expanding overseas may need notarized financial statements for a foreign bank.
3.5 Power of Attorney Certification 🖊️
- Certifying Power of Attorney (PoA) documents, allowing someone to act on behalf of another.
- Required for real estate transactions, legal representation, and financial matters.
Example: A foreign investor who cannot be in Thailand may sign a notarized Power of Attorney Thailand allowing a lawyer to act on their behalf.
4. When Do You Need a Notarial Services Attorney in Thailand?
You may need notarial services in Thailand if:
✔ You are signing contracts, affidavits, or agreements that need verification.
✔ You need certified copies of passports, academic records, or legal documents.
✔ You are applying for visas, work permits, or citizenship in another country.
✔ You are conducting international business transactions that require notarized documents.
✔ You need a Power of Attorney (PoA) notarized for legal representation.
💡 Tip: Before using a Notarial Services Attorney, check with the receiving authority (embassy, bank, or court) to ensure notarized documents will be accepted.
5. Recognition of Notarized Documents from Thailand
5.1 Do Thai Notarial Services Attorneys Have International Recognition?
- Notarial services provided by Thai attorneys are not always recognized internationally.
- Some countries require further legalization from the Thai Ministry of Foreign Affairs (MFA) or their embassy.
5.2 Legalization Process for Notarized Documents
If a foreign country requires additional verification, follow these steps:
✅ Step 1: Get the document notarized by a Notarial Services Attorney.
✅ Step 2: Submit the document to the Thai Ministry of Foreign Affairs (MFA) for legalization.
✅ Step 3: If required, have the document authenticated by the foreign embassy in Thailand.
💡 Example: A Thai citizen applying for a student visa in Canada may need their notarized education certificates legalized by the MFA and the Canadian Embassy.
6. Cost of Notarial Services in Thailand
The cost of notarial services varies based on:
🔹 Type of document (contracts, affidavits, Power of Attorney, etc.).
🔹 Number of pages requiring notarization.
🔹 Location of the notarial service (Bangkok or other provinces).
💰 Estimated Fees:
- Signature notarization: 500–2,000 THB per document
- Certified true copies: 500–1,500 THB per page
- Power of Attorney notarization: 2,000–5,000 THB
- Corporate document notarization: 5,000–10,000 THB
💡 Tip: Always request a price estimate before using notarial services to avoid unexpected fees.
7. How to Find a Notarial Services Attorney in Thailand
To find a qualified Notarial Services Attorney in Thailand:
✔ Check with the Lawyers Council of Thailand for a list of certified attorneys.
✔ Contact law firms specializing in notarial services.
✔ Ask your embassy or consulate for recommended lawyers.
✔ Search online legal directories for reputable notarial services.
💡 Tip: If your documents need international recognition, confirm if additional legalization is required before notarization.
Conclusion
In Thailand, Notarial Services Attorneys perform notarial functions, including witnessing signatures, certifying documents, and administering oaths. However, Thailand does not have an official Notary Public system, so some documents may require further legalization for international use.
✔ Key Takeaways:
- Notarial Services Attorneys in Thailand must be certified lawyers.
- They can witness signatures, certify documents, and administer oaths.
- Some notarized documents require additional legalization for international use.
- Costs vary based on document type and number of pages.
- Always check recognition requirements before notarizing documents.
