Notary Public and Notarial Services

 

 

No, it is crucial that you sign the affidavit in the presence of the Notary Public or Commissioner of Oaths. They need to witness your signature and administer the oath or affirmation

Yes, VDM Attorneys can provide a comprehensive service that includes not only notarising your document but also facilitating the subsequent legalisation process (Apostille or Authentication and embassy legalisation if required) and even arranging courier services for the completed documents.

Yes, generally you must present the original document to the Notary Public. For certified copies, the Notary must inspect the original to verify the copy's accuracy. For documents requiring a signature, you must sign in the Notary's presence.


You need to confirm whether the country where you intend to use the document is a member of The Hague Convention. Your Notary Public will be able to advise you on this and the appropriate legalisation process.

Notary fees can vary depending on the complexity of the document, the type of notarial act required, and the specific Notary's charges. It is best to contact us for a quote.
 

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Notarised Affidavits, Contracts, Forms and Documents

Notarised Affidavits, Contracts, Forms, and Documents: Ensuring Authenticity and International Validity

At VDM Attorneys, we understand the critical importance of ensuring your legal documents are authentic, legally binding, and recognised both locally and internationally. Our experienced Notary Public team provides comprehensive notarial services for a wide range of documents, including affidavits, contracts, forms, and other official records.

Notarised affidavits, contracts, forms, and other legal documents refer to essential written declarations, agreements, or records of information that have undergone a formal verification process by a Notary Public. This process, crucial for various legal and personal matters, ensures the document's authenticity and integrity. By requiring the signature and attestation of a Notary Public, notarisation validates the identities of the signatories, witnesses their consent, and helps to deter fraud, making these documents reliable and admissible in legal proceedings, business transactions, and personal affairs.

The Role of a Notary Public

A Notary Public is a highly qualified attorney, specially admitted by the High Court, who serves as an impartial witness to the signing of documents and the administration of oaths. Their key responsibilities include:

  • Verification of Identity: Notary Publics meticulously verify the identity of all signatories to a document, ensuring the individuals signing are who they claim to be.
  • Witnessing Signatures: They personally witness the signing of documents, confirming the act was performed voluntarily and with full understanding.
  • Applying Official Seal/Stamp: A Notary Public applies their unique official seal or stamp to the document, attesting to the notarisation process.
  • Record Keeping: Notaries maintain meticulous records of all documents they notarise, providing a verifiable audit trail.
  • Deterring Fraud: The entire notarisation process serves as a crucial deterrent against fraud and tampering, adding an extra layer of legal protection to your documents.

Affidavits

An affidavit is a sworn written statement made by an individual (the affiant) before a Notary Public or Commissioner of Oaths, attesting to the truthfulness of the document's contents. Affidavits are legally binding and often used in various legal proceedings, such as:

  • Financial Statements For bankruptcy and divorce cases.
  • Verification of Residence/Domicile To confirm addresses or a deceased person's last place of residence.
  • Estate Planning Accompanying wills and other estate documents.
  • Marriage In place of a marriage certificate in certain instances.
  • Service of Documents Confirming legal documents have been served to all relevant parties.
  • Contract Work Verifying tax withholdings for government projects.

For an affidavit to be legally binding, it must be

  • Made Voluntarily The affiant must not be pressured into signing.
  • Signed The document must be signed by the affiant, often in the presence of a witness (such as the Notary Public).
  • Notarised:While requirements vary by jurisdiction, notarisation provides the highest level of authentication and security. Remote Online Notarisation (RON) can offer a secure digital "paper trail" where permitted.

Knowingly including false information in an affidavit constitutes perjury, with severe legal penalties!

Contracts

Agreements between two or more parties often benefit from notarisation to formalise the agreement and verify the identities of the parties involved. Notarising a contract adds an extra layer of legal protection, ensuring signatories are who they claim to be and that they understand and agree to the terms, thereby helping prevent fraud and tampering.

Forms and Other Documents

Various forms, declarations, powers of attorney, and other official documents may also require notarisation depending on specific requirements and the jurisdiction in which they will be used.

Legalisation for International Use: Apostille vs. Authentication

When documents are intended for use outside South Africa, they often require further legalisation to be recognised as valid. This process verifies the signature and seal on the document. The method of legalisation depends on whether the destination country is a member of the Hague Convention of 1961:

  • Apostille Certificate If the country where the document will be used is a signatory to the Hague Convention, an Apostille certificate is issued. This is a simplified, standardised form of legalisation that certifies the authenticity of the document's origin (signatures and seals of the issuing authority). Once a document has an Apostille, it is recognised by all other member countries without further legalisation.
  • Authentication and Embassy Legalisation If the country is not a member of the Hague Convention, the document will require a full authentication process, often followed by further legalisation from the embassy or consulate of the destination country. This is a more traditional and often more time-consuming process involving multiple authorities.
  • Determining Requirements It is crucial to ascertain whether your documents will need an Apostille, authentication, or additional legalisation from an embassy/consulate. Our firm is experienced in navigating these complexities and can guide you through the correct procedure.

Requirements for Document Wording and Witnessing

Wording The document's wording must be drafted in accordance with the local laws of the country where the transaction will occur. For example, if you own property overseas and wish to appoint a manager, the power of attorney should reflect the laws of that country. In such cases, it is often advisable for the document to be prepared by lawyers in the intended country of use. Once prepared, it can be sent to South Africa for signing before a Notary Public.
Signing Requirements The requirements for signing a document can vary by country. Some jurisdictions may only require signing in front of a Notary Public, while others may mandate the presence of additional witnesses.

VDM Attorneys Notarial Services

At VDM Attorneys, we provide a comprehensive document attestation and legalisation service, ensuring your documents are properly notarised and legally recognised wherever they are needed. Our service includes:

  • Consultation and Appearance before a Notary Public Our Notary Public will personally consult with you and attest to your identity and signature.
  • Notarial Attestation Certificate We provide the necessary notarial attestation certificate.
  • Notarial Copy of Identity Document/Passport If required, we can provide certified copies of identification documents.
  • Legalising Documents for International Use We facilitate the process of obtaining an Apostille certificate or undertaking the authentication process, depending on the country of intended use.
  • Courier Service We can arrange for the secure courier of your completed and legalised documents to your chosen destination country (at an additional fee).
  • Fees Contact us to discuss specific needs and requirements 

Other Document Services Offered by Our Notary Public:

Beyond affidavits, contracts, and general forms, our Notary Public can assist with a range of other essential services, including:

  • Notarising wills and estate planning documents.
  • Notarising travel consent letters for minors.
  • Notarising mortgage and loan documents.
  • Notarising real estate and property documents.
  • Notarising business formation and registration documents.
  • Notarising vehicle title transfers.
  • Notarising educational and professional certifications.
  • Certifying copies of documents as true, complete, and exact reproductions of originals (e.g., college degrees, passports).
  • Notarising immigration forms and documents.

Types of Notarial Acts

It's important to understand the specific type of notarisation your document requires:

  • Acknowledgments Primarily for documents conveying ownership of assets (e.g., real estate deeds, powers of attorney, trusts). The signer must appear in person for identity and willingness to sign verification.
  • Jurats For evidentiary documents used in civil and criminal justice systems (e.g., affidavits, depositions, interrogatories). The signer must appear in person for identity confirmation and willingness to sign.
  • Certified Copies To confirm a reproduction of an original document is true and complete (e.g., college degrees, passports). These are not universally authorised and may only apply to certain types of original documents depending on the jurisdiction.

Let VDM Attorneys Assist You

Ensuring your documents are properly notarised and legalised can be a complex process. It is paramount to have a skilled Notary Public to attest to your documents and guide you through the necessary steps for international recognition.

Contact us today to find out more, schedule an appointment with our experienced Notary Public team, or if you have any further questions. We are here to help you with the attestation and legalisation of all your important documents.