Notary Public in Thailand

In international business and cross-border legal matters, the authentication of documents is often a critical requirement. Governments, banks, and private institutions frequently require official confirmation that a document is genuine, properly signed, or executed by an authorized person. In many countries, this task is performed by a notary public, who serves as a neutral and legally recognized witness.

In Thailand, the concept of a notary public exists but differs from systems in Western jurisdictions such as the United States or the United Kingdom. Thailand does not have an official notary public law. Instead, certain lawyers licensed by the Lawyers Council of Thailand can be certified as Notarial Services Attorneys and authorized to provide notarial services. Understanding how notarial services function in Thailand is essential for individuals, businesses, and foreigners who need documents authenticated for international use.

Legal Framework of Notarial Services in Thailand

Unlike countries with long-established notarial systems, Thailand has no separate statute governing notaries public. Instead, the Lawyers Council of Thailand regulates the certification of lawyers who can perform notarial services.

• Notarial Services Attorney: A lawyer who has completed the required training course and obtained certification from the Lawyers Council of Thailand.

• Authority: Only these certified lawyers are legally permitted to provide notarial services in Thailand.

• International Recognition: While Thailand’s notarial system is not identical to Western models, documents notarized by Thai Notarial Services Attorneys are generally accepted by foreign embassies, consulates, and overseas institutions.

Functions of Notarial Services in Thailand

Notarial services in Thailand cover a wide range of functions similar to those in other jurisdictions. Common services include:

1. Authentication of Signatures

   • Verifying that a signature on a document belongs to the person who signed it.

   • Often required for affidavits, declarations, or official forms submitted abroad.

2. Certification of Documents

   • Confirming that copies of documents are true and accurate representations of the originals.

   • Frequently used for passports, educational certificates, corporate documents, or contracts.

3. Affidavits and Statutory Declarations

   • Witnessing the signing of sworn statements for legal or administrative use overseas.

4. Powers of Attorney (POA)

   • Certifying and witnessing powers of attorney in Thailand for use in foreign jurisdictions.

5. Corporate Documents

   • Authenticating board resolutions, company registration documents, or shareholder agreements for international transactions.

6. Agreements and Contracts

   • Witnessing and certifying contracts that need to be presented abroad, particularly in banking and trade.

7. Visa and Immigration Documentation

   • Notarization of supporting documents for visa applications, such as financial statements, employment letters, or invitations.

Common Situations Where Notarial Services Are Required

Both Thai nationals and foreigners frequently require notarization for different reasons. Common examples include:

• Foreigners in Thailand:

  • Notarizing copies of passports, visas, or financial documents for immigration purposes.

  • Certifying affidavits required by foreign embassies, such as proof of marital status for marriage abroad.

• Thai Citizens:

  • Certifying academic transcripts or professional qualifications for study or work overseas.

  • Authenticating legal documents when applying for foreign visas or residency.

• Businesses:

  • Authenticating corporate documents for international trade and investment.

  • Certifying powers of attorney for overseas transactions.

  • Preparing documents for cross-border litigation or arbitration.

Procedure for Obtaining Notarial Services in Thailand

The process of notarizing documents in Thailand is relatively straightforward, but it must be conducted by a certified Notarial Services Attorney.

1. Document Preparation

   • Gather the original documents that need notarization.

   • If a copy is required, ensure it is legible and complete.

2. Identity Verification

   • Present valid identification, such as a passport or Thai national ID card.

   • The attorney must verify the identity of the signatory.

3. Signing in the Attorney’s Presence

   • For signature authentication, the document must be signed in front of the attorney.

   • Pre-signed documents are typically not accepted.

4. Certification and Seal

   • The attorney will affix an official seal and signature, certifying the document or signature.

5. Fees

   • Fees vary depending on the type and number of documents. Generally, notarization costs range from THB 500 to THB 2,000 per document, though complex corporate documents may cost more.

Limitations and Considerations

While Thai Notarial Services Attorneys perform many of the same functions as notaries public in other countries, there are important limitations:

1. No Standalone Notary Law

   • Thailand has no independent notary law, so notarization is regulated only by the Lawyers Council.

2. Acceptance Abroad

   • Most foreign authorities accept notarized documents from Thailand.

   • However, in some cases, documents may also require legalization or apostille certification.

3. Apostille Convention

   • Thailand is not a member of the Hague Apostille Convention.

   • Therefore, documents notarized in Thailand often need to be legalized by the Ministry of Foreign Affairs (MFA) and then by the relevant foreign embassy or consulate.

4. Scope of Authority

   • Only certified lawyers may notarize. Regular lawyers without certification cannot lawfully provide these services.

Legalization vs. Notarization

It is important to distinguish between notarization and legalization in Thailand:

• Notarization: Conducted by a Notarial Services Attorney to verify authenticity of documents or signatures.

• Legalization: Conducted by the Ministry of Foreign Affairs (MFA) to confirm the authenticity of the notary’s signature and seal. This is usually required before documents can be accepted by a foreign embassy or overseas institution.

Example: A Thai citizen applying for work in Europe may need to notarize their university degree, then legalize it at the MFA, and finally have it endorsed by the embassy of the destination country.

Importance for Foreigners and Businesses

For foreigners and businesses operating in Thailand, notarial services are indispensable in many contexts:

• Foreigners: Necessary for immigration, property purchases, marriage, or cross-border banking.

• Businesses: Essential for corporate transactions, mergers, international trade, and arbitration.

• Law Firms: Often assist clients by providing notarization as part of broader legal services.

Because of the international nature of notarized documents, engaging a reputable lawyer who is properly certified ensures documents will be accepted abroad.

Practical Tips

• Always verify certification: Ensure the lawyer is recognized by the Lawyers Council as a Notarial Services Attorney.

• Check embassy requirements: Different embassies may have specific requirements beyond notarization.

• Prepare originals and translations: Some foreign institutions require certified translations of documents into English or another language before notarization.

• Budget for legalization: If documents are for overseas use, plan for additional costs and time for MFA and embassy legalization.

Conclusion

Notarial services in Thailand play a vital role in international transactions and legal matters. While Thailand lacks a formal notary law, the Lawyers Council of Thailand authorizes certain lawyers as Notarial Services Attorneys, giving them authority to authenticate documents and signatures.

These services are widely used by both individuals and businesses for purposes ranging from visa applications and property transactions to international trade and corporate governance. However, because Thailand is not part of the Apostille Convention, notarized documents often require additional legalization before being recognized abroad.

For both Thai nationals and foreigners, understanding the scope, limitations, and procedures of notarial services in Thailand ensures smoother cross-border dealings. By working with certified professionals and following proper legalization steps, parties can confidently use notarized documents internationally.