People enter into an agreement for several reasons: buying, selling, or providing services. They sign contracts containing agreed provisions that outline the parties’ responsibilities (and absolve them of any liabilities).
However, there are some cases where legal disputes arise due to ambiguity, doubt or uncertainty as to whether the document was properly or authentically signed by the people supposedly entering into the agreement.
This is where engaging with a Notary Public is useful. Notary Public services are meant to authenticate documents and ensure they’re validly executed.
Although notarisation is widely used in business cases involving foreign affairs and overseas matters, it is generally used to make any legal document publicly enforceable and binding.
If you’re a business owner engaging in transactions abroad, understanding Notaries Public in Singapore, its importance, and implications are crucial. Let’s discuss.
#1. What Is A Notary Public And Their Role In Singapore?
A Notary Public in Singapore is a legally appointed professional, typically a lawyer with at least 15 years of practice.
They are authorised by the Board of Commissioners for Oaths and Notaries Public to perform important legal functions. These functions ensure the validity and authenticity of documents, particularly for use overseas.
A key part of their role involves witnessing signatures on important documents, verifying the identity of the signatories, and confirming the authenticity of documents. Their responsibilities also include administering oaths or affirmations, ensuring that those involved in legal matters make truthful declarations.
In addition to these duties, a Notary Public issues notarial certificates, seals documents, and assists in legalisation. Legalisation is often needed when documents must comply with the legal standards of other countries.
For example, if you’re signing a Power of Attorney while abroad, a Notary Public ensures that the document is legally binding and properly certified.
From 1 October 2019, all notarised documents in Singapore must be attached to a Notarial Certificate and authenticated by the Singapore Academy of Law (SAL).
This process ensures that notarised documents are secure and genuine, reducing the risk of fraud. Verification of notarial certificates can be done online through the SAL portal.
The Apostille Convention also came into force in Singapore on 16 September 2021. This means that for countries part of the convention, like Singapore, further legalisation of notarised documents isn’t necessary.
However, for countries that aren’t part of the convention, such as China or Vietnam, further legalisation might still be required.
#2. Who Can Be A Notary Public In Singapore?
Notaries Public are qualified lawyers in Singapore appointed by the Board of Commissioners for Oaths and Notaries Public to provide notarisation services to individuals.
According to Singapore’s Notaries Public Act, a lawyer can only be appointed a Notary Public if they have been practising for seven years or more. The Senate will usually appoint them for only 12 months.
But if they are found to be performing acts of misconduct such as:
- Has become bankrupt or made arrangements with their creditors;
- Has been expelled from membership of solicitors in Singapore;
- Has been found guilty of professional misconduct, rendering them unfit to offer Notary Public services;
The Senate will revoke the person’s appointment, report, and publish this order in the Law Gazette.
#3. What Does A Notary Public Do?
Simply put, Notaries Public offer notarial services, such as authenticating, witnessing, and certifying the execution of documents. Signing a private document before a Notary Public indicates you’re confirming their veracity and all details contained in the document to be true.
Notaries Public also prevent fraud and ensure that parties sign all legal documents out of their own free will and volition (not by force or coercion).
For instance, Notaries Public can ensure documents like Powers of Attorney, medical files, sworn statements, birth certificates, marriage certificates, affidavits, trusts, and wills are valid. Notarisation proves the document’s authenticity and ensures its public enforceability.
#4. What Types Of Documents That Need To Be Notarised?
Several types of documents require notarisation to confirm their authenticity and credibility, particularly for international use. Notarisation applies to various documents across financial, business, and legal matters.
Financial Documents:
- Mortgage closing papers
- Real estate titles and deeds
- Bank loan agreements
- Investment account opening documents
These financial documents often need notarisation, especially when related to property purchases or securing loans, to confirm their validity for the parties involved.
Business Documents:
- Articles of incorporation
- Partnership agreements
- Non-Disclosure Agreements (NDAs)
- Intellectual Property assignments
In business transactions, notarising these documents is critical for ensuring that contracts and agreements are legally sound and binding, particularly for companies doing business internationally.
Legal Documents:
- Powers of Attorney
- Wills and testaments
- Marriage settlement agreements
- Adoption papers
Legal documents like Powers of Attorney and wills require notarisation to prevent disputes and ensure that they are recognised as authentic in legal matters.
Additionally, documents such as educational certificates, marriage certificates, and company incorporation papers are often notarised for use abroad.
For instance, when applying for a visa or registering a business in another country, these documents must be notarised to ensure they meet the requirements of foreign legal systems.
It’s always important to confirm with the requesting entity whether notarisation is required, as regulations can vary based on the document type and the country where it will be used.
#5. When Will You Need A Notary Public?
You should engage a Notary Public when legally required to do so. Notarisation is often necessary when sending Singaporean documents to entities overseas. Below are some examples of situations where you might need to engage a Notary Public.
- Signing and executing legal documents: This includes contracts, deeds, incorporation documents, Intellectual Property Rights (IPR) assignments, Powers of Attorney, and property transfers.
For instance, if you need to secure an HDB Power of Attorney while abroad, you must sign the document before a Notary Public in that country, who will issue a Notarial Certificate and affix a stamp. - Certifying true copies of documents: Documents such as financial reports, bank statements, and passports may require certification. The Notary Public compares the original with the copy to ensure it is a true replica.
- Administering oaths or affirmations: When filing for legal documents like a Grant of Letters of Administration in Singapore, a Notary Public can administer oaths or affirmations.
- Protesting bills of exchange: A Notary Public can protest a bill of exchange, such as a promissory note or payment order, when it is dishonoured by non-acceptance or non-payment. They certify the failure to accept or pay through a protest.
- Issuing a Note of Protest for ships: A Notary Public can help shipowners and crew protect themselves from liability by recording statements on cargo and supplies damage.
Even in situations where notarisation isn’t strictly required, the process helps minimise risks of fraud and ensures the authenticity of documents, providing reassurance to businesses and individuals.
#6. What To Consider Before Engaging A Notary Public In Singapore?
There are different legal procedures to consider before getting Notary Public services in Singapore:
- Notarisation
- Authentication
- Legalisation
- Translation
Notarisation
Whether you need a document to be notarised will depend on the other party. For example, if you both agree that notarisation isn’t necessary, then engaging with Notaries Public isn’t needed.
Singapore Academy of Law (SAL) Authentication
The SAL also authenticates the signatures of Notaries Public in Singapore. This means the SAL will attach authentication certificates even if the other party does not request authentication.
Notarised documents must complete this step for compliance with the Notaries Public Rules.
Legalisation Of Documents
Documents which will be used abroad need to undergo a separate process of document authentication overseen by the SAL and not a Notary Public.
However, several factors can affect the the legalisation process:
- Whether or not the Singapore government has issued it;
- Whether it is in soft or hardcopy;
If you wish to legalise your documents, you’ll need to do this via the SAL online portal. Only SAL can provide legalisation, not a Notary Public, but you can engage the latter for assistance.
Unlike authentication, document legalisation is not necessary. Having said that, consulting with the relevant authorities and institutions you’re corresponding with is crucial in understanding their notarisation requirements.
Translation Of Documents
Translating legal and official documents is sometimes necessary to prevent misunderstandings and language barriers between two parties.
However, not all Notaries Public offer translation services. You may need to consult them before soliciting this service.
#7. How Does A Notary Public Notarise Your Documents?
The process for getting documents notarised in Singapore may vary depending on the document type, but the following steps are generally followed:
- Find a reputable Notary Public: Look for a professional Notary Public authorised by the Singapore Academy of Law. You can search online or ask for recommendations from trusted sources.
- Make an appointment: Contact the Notary Public and schedule an appointment. Plan ahead, as some documents may require additional time for preparation.
- Bring your original documents: When meeting the Notary Public, ensure you bring the original documents that need notarisation. The Notary Public must see the originals to verify and notarise them.
- Bring identification: You must present valid identification, such as a passport or driver’s licence, to prove your identity.
- Sign the document in front of the Notary Public: The Notary Public will witness you signing the document and may administer an oath or affirmation if required.
- Pay the fee: There are several fees payable to the Notary Public and the SAL. Expect to pay around $87 (in SGD) to the SAL for authentication services. You’ll need to pay a separate fee to the lawyer or Notary Public.
- Receive your notarised document: After the Notary Public attaches their official seal or stamp and provides a notarial certificate, your document must be authenticated by the SAL. Once authenticated, the document is ready for use internationally.
#8. What Happens After You Have Engaged A Notary Public?
Once you’ve engaged a Notary Public and your documents have been notarised, here’s what you can expect:
- Clarify Notarisation Requirements: If your documents need to be legalised for use in another country, inform your Notary Public. They will assist in submitting a legalisation request to the Singapore Academy of Law (SAL).
For virtual notarisation, check with your Notary Public if this method is accepted for your specific case. - Notarisation Process: After confirming the requirements, the Notary Public will guide you through the payment process. You’ll need to pay the notarisation fee, which varies depending on the service, as well as an authentication fee of S$87 to the SAL.
Once these payments are made, the Notary Public will issue the Notarial Certificate, which certifies the document. - Authentication and Legalisation at SAL: After notarisation, you’ll need to have the document authenticated at the SAL. This process validates the Notary Public’s certification.
If legalisation is required (for countries outside the Apostille Convention), the SAL will guide you through the additional steps. - Check Apostille Convention Status: If your document is being sent to a country that is part of the Apostille Convention, you can send it directly after authentication.
However, if the receiving country is not part of the convention, you may need to present the document to the consular section of the relevant embassy before sending it. To determine if a country is part of the AC, please click here.
The timeframe for receiving your notarised document can vary depending on the complexity of the service and whether further authentication or legalisation is required. In most cases, you can expect the process to be completed within a few days, but for more complex documents, the process may take longer.
#9. How Much Are The Fees For Engaging A Notary Public In Singapore?
The cost of engaging a Notary Public in Singapore depends on the type of service you need. Below is a general guide to the fees for common notarial services:
- Notarial Execution of a Document:
- For one person: S$40
- For a second person on the same document: S$20
- For each additional person: S$10
- For each exhibit attached to the document: S$10
- Certified True Copies:
- Certifying a document with a seal: S$10 for the first page, S$2 for each additional page
- Certifying a document without a seal: S$5 for the first page, S$1 for each additional page
- Issuance of a notarial certificate and seal: S$75
- Special Notarial Certificates:
- Preparing and completing a special notarial certificate: S$75 (This fee is in addition to the regular charges).
Example Of Notarial Fees:
If you need to get a certified true copy of one page of your passport, here’s how the costs would break down:
- S$10 for certifying the page as a true copy
- S$75 for the notarial certificate
- S$85.60 for authentication at the SAL
The total cost would be S$170.60.
For more information about fees or to inquire about specific services, contact us so we can provide detailed rates and guidance for your notarial needs.
#10. Where To Find A Notary Public In Singapore?
Most law firms in Singapore provide notarial services. You can contact our Notary Public lawyers here if you wish to engage with one.
Another way to find a Notary Public is through the SAL website. They keep an exhaustive directory of lawyers, Commissioner for Oaths, and Notaries Public in Singapore. You can further refine your search by choosing specific languages or law firms.
#11. Why Getting Your Documents Notarised Is Important?
Getting your documents notarised is essential for several reasons, particularly when dealing with legal matters or international transactions.
Notarisation ensures that your documents are legally recognised, authentic, and binding, providing vital protection against fraud and giving peace of mind to all parties involved.
Legal Significance
A notarised document carries legal weight, recognised by courts, government agencies, and international bodies. In many cases, certain transactions or legal actions, especially those involving foreign jurisdictions, will not proceed unless the relevant documents have been notarised.
For instance, contracts, deeds, or affidavits that require cross-border use must often be notarised to comply with international standards.
Fraud Prevention
One of the main purposes of notarisation is to prevent fraud and forgery. A Notary Public verifies the identity of the signatories and ensures that all parties understand the contents of the document. This process helps confirm that the document was signed voluntarily, without any undue influence or coercion.
Increased Credibility
Notarisation enhances the credibility of documents. When a document is certified by a Notary Public, it is seen as more trustworthy and reliable, giving confidence to the parties relying on its authenticity.
This is particularly important in business dealings or legal matters where the validity of the document may come into question.
Litigation And Dispute Resolution
In legal proceedings, notarised documents often carry self-authenticating status, meaning they can be submitted as evidence in court without the need for further proof of their authenticity.
Additionally, having notarised contracts helps clarify the terms of agreement and provides a clear record of consent, minimising the chances of future disagreements.
International Acceptance
In international transactions, many countries require notarisation for documents to be accepted. Notarised documents ensure compliance with the legal requirements of foreign jurisdictions, making it easier to communicate and conduct business across borders.
For example, documents intended for countries part of the Apostille Convention will be accepted after they have been notarised and authenticated by the Singapore Academy of Law, saving you from further legalisation steps.
Consequences Of Notarisation Failure
Failing to notarise documents when required can have serious consequences. Documents may be rejected by foreign authorities, causing delays or even cancellations of important transactions.
In legal matters, an unnotarised document may not hold up in court, leading to disputes or a lack of enforceability. This could result in financial loss, legal battles, or missed opportunities.
Peace Of Mind
Knowing your documents have been notarised by a trusted professional provides peace of mind.
Whether you are handling personal matters like a will or power of attorney or dealing with complex business contracts, notarisation assures you that your documents are in order, legally binding, and less susceptible to fraud or challenges.
Conclusion About Notary Public In Singapore
Many legal procedures require a Notary Public to certify, authenticate, and legalise private documents and contracts in Singapore.
Even in instances where a Notary Public isn’t required, the issuance of a notarial certificate and stamp increases confidence that a document was duly signed by all the parties involved.
Need to engage with a Notary Public in Singapore? Call Tembusu Law now. We offer a free 30-minute consultation to all first-time clients.
For additional legal support, including divorce and criminal law issues, our dedicated team of divorce lawyers and criminal lawyers in Singapore is here to assist you.
Frequently Asked Questions About What Is Notary Public In Singapore
How Do I Verify A Notary Public In Singapore?
You can search the Singapore Academy of Law directory to verify if the lawyer is an appointed Notary Public.
Is A Notary Public The Same As A Lawyer?
No. The main difference between a lawyer and a Notary Public is that a lawyer can represent you (the client) before the Courts, while a Notary Public can’t. There are also differences in the range of services they provide.
Who Can Notarise A Document In Singapore?
Only a Notary Public appointed by the Senate of the Singapore Academy of Law can provide notarial services. They will usually be a senior lawyer practising in Singapore for several years and were appointed in accordance with the terms stated in the Notaries Public Act.
What Is The Difference Between A Commissioner Of Oaths And A Notary Public In Singapore?
A Notary Public has more powers than a Commissioner of Oaths. Where a Notary Public can authenticate, certify, and legalise documents, a Commissioner of Oaths cannot. They can only serve as a witness to signing legal documents such as statutory declarations or affidavits.
