Notary Public in Thailand

A Notary Public in Thailand is a legally authorized professional responsible for certifying documents, verifying identities, and performing acts that ensure the authenticity and legality of various transactions. Notaries play a critical role in both domestic and international legal matters, providing assurance that documents are genuine and legally binding. Their services are essential for individuals, businesses, and government agencies, particularly in transactions involving property, corporate matters, or cross-border dealings.

1. Definition and Legal Basis

In Thailand, the role of a Notary Public is defined under the Notary Public Act B.E. 2509 (1966) and subsequent amendments. A notary is a lawyer or legal professional appointed by the Council of the Notary Public, under the supervision of the Ministry of Justice.

The notary’s main purpose is to provide authenticity, legality, and reliability to documents. Their certification confirms that:

1. The signatures on the documents are genuine.

2. The parties signing the document are competent to do so.

3. The document is executed voluntarily and in accordance with Thai law.

Notaries in Thailand are empowered to perform their duties in accordance with both Thai civil law and international conventions where applicable.

2. Roles and Responsibilities of a Notary Public

The duties of a notary in Thailand encompass a wide range of functions, including but not limited to:

a. Certification of Signatures

A notary verifies that signatures on legal documents, contracts, or agreements are authentic. This is particularly important for agreements involving:

• Property transactions

• Loan agreements

• Power of Attorney documents

By certifying signatures, the notary ensures that the signatories are acting voluntarily and with full legal capacity.

b. Authentication of Documents

Notaries also certify the authenticity of documents such as:

• Corporate documents (e.g., company registration, board resolutions)

• Personal documents (e.g., identification papers, diplomas)

• Foreign documents for use in Thailand or abroad

Authentication by a notary allows documents to be legally recognized in domestic and international jurisdictions.

c. Drafting and Certifying Legal Instruments

A notary can draft and certify legal instruments, including:

• Contracts and agreements

• Powers of attorney

• Wills and testaments

While a notary does not provide legal advice in all cases, their certification ensures that these documents are legally valid and enforceable under Thai law.

d. Certifying Translations

Foreign documents often require certified Thai translations. A notary public may verify that the translation accurately reflects the original text, a requirement for legal and governmental purposes.

e. Acting as an Official Witness

Notaries serve as official witnesses for signatures or declarations. This is especially important in transactions involving large sums, corporate deals, or legal compliance.

3. Appointment and Qualifications

In Thailand, a person must meet strict criteria to become a notary:

1. Legal Background – Must be a licensed lawyer registered with the Law Society of Thailand.

2. Experience – Typically, candidates must have substantial experience in legal practice.

3. Approval by the Ministry of Justice – The appointment is officially sanctioned and recorded.

4. Professional Standards – Notaries must adhere to ethical and professional guidelines, including confidentiality, neutrality, and accuracy.

The appointment is generally for life unless revoked due to misconduct or failure to comply with legal standards.

4. Types of Documents Commonly Notarized

Notaries in Thailand commonly deal with a variety of documents, including:

a. Corporate and Business Documents

• Articles of Association

• Shareholder resolutions

• Board meeting minutes

• Company registration documents

These certifications are often required for company incorporation, bank transactions, or cross-border corporate operations.

b. Real Estate and Property Transactions

• Sale and purchase agreements

• Lease contracts

• Mortgage documents

• Land title deeds

Notarization ensures that property-related documents are legally binding and recognized by banks, government authorities, and third parties.

c. Personal Legal Documents

• Powers of Attorney

• Wills and testaments

• Marriage and divorce documents

• Affidavits

Notarization provides an extra layer of authenticity, which is often required for court proceedings or administrative procedures.

d. International Use

• Apostille and legalization services (for documents used abroad)

• Certification of foreign documents for Thai authorities

• Verification of translations for immigration, study, or business purposes

Thailand is a signatory to some international agreements and also recognizes consular legalization for countries not part of such treaties.

5. Differences Between a Notary and Lawyer

While both notaries and lawyers are legally trained, their roles differ:

• Lawyers provide legal advice, represent clients in court, and draft contracts.

• Notaries certify documents, verify identities, and act as official witnesses without necessarily providing advisory services.

In practice, many Thai lawyers also serve as notaries, allowing clients to combine legal advice and notarization services in one appointment.

6. Fees and Costs

Notary fees in Thailand are regulated by law and vary depending on the type of document, complexity, and value of the transaction. For instance:

• Certification of signatures: THB 100–500 per document

• Certification of corporate or property documents: THB 500–5,000

• Complex international documents or translations: THB 1,000–10,000

Fees are often negotiable for large corporate clients or bulk services. Importantly, notarization fees are generally separate from legal advisory fees.

7. Importance of a Notary Public in Thailand

The notary system provides several key benefits:

1. Legal Certainty – Documents certified by a notary are considered authentic in legal proceedings.

2. Fraud Prevention – Notarization reduces the risk of forgery and ensures that all parties sign voluntarily.

3. International Recognition – Notarized documents are often required for cross-border transactions, immigration, and study abroad.

4. Corporate Compliance – Many Thai regulatory authorities require notarized documents for company registration, banking, and investment procedures.

5. Peace of Mind – Both individuals and businesses can rely on notarized documents to protect their rights and interests.

8. Common Procedures for Notarization

The standard process for notarization in Thailand typically involves:

1. Verification of Identity – Presenting official ID (Thai ID card, passport, or corporate documents).

2. Review of Document – The notary examines the content for legality and completeness.

3. Execution – Signatures are witnessed in person or, in some cases, through special authorization.

4. Certification – The notary affixes their official seal and signature, confirming authenticity.

5. Registration (if required) – Certain documents may be registered with government authorities after notarization.

9. Notary vs. Other Authentication Services

• Apostille / Legalization – Required for international recognition; a notary can prepare the document for consular or government legalization.

• Company Seal Certification – Thai companies often use a notary to certify official seals for banking or governmental transactions.

• Translation Certification – Notaries verify accuracy of translations for legal and administrative purposes.

Conclusion

The role of a Notary Public in Thailand is critical for ensuring the authenticity, legality, and enforceability of documents in both domestic and international contexts. Whether for corporate transactions, property dealings, personal legal matters, or international use, notarization provides legal certainty and safeguards against fraud.

For individuals, businesses, and government agencies, utilizing a notary’s services is an essential step to ensure compliance with Thai law and to facilitate smooth, legally recognized transactions. In Thailand’s increasingly globalized business environment, notaries serve as trusted intermediaries, bridging legal processes and providing confidence in both domestic and cross-border dealings.