FAQs — Notary Public
Key Takeaways:
FAQs about notary public’s shed light on their role in document authentication and verification.
Covering notarisation, legal implications, and when to use their services.
Utilising notary services ensures document authenticity and compliance.
Find comprehensive answers to some of the most popular questions regarding notarial services in South Africa and how the legal framework is set up locally. Should you have specific questions pertaining to your situation, then contact us directly with your query or find out more about our notarial services.
What is a notary public?
A notary public is an attorney admitted in South Africa who is authorised to witness signatures, commission affidavits, draft and attest certain contracts and authenticate the validity or authenticity of certain documents.
Can a commissioner of oaths witness my signature or certify my document for use overseas?
The simple answer is no. Documents that are going to be used for overseas purposes, be it for an individual or company, can only be signed before a notary public.
What is the difference between a notarised copy and a copy certified by a commissioner of oaths?
Copies of original documents can be certified by any Commissioner of Oaths in South Africa. These documents however are not usually accepted outside of South Africa.
Copies of original documents can be authenticated and certified by a Notary Public by attaching a seal or stamp to the document. These documents will often be accepted outside of South Africa however countries may require additional legalisation steps to be taken.
Legislation & authentication FAQs
What does document authentication mean?
The process of authentication (also known as legalisation) involves the notarised document being Apostilled, authenticated or legalised by the High Court of South Africa, Department of International Relations (DIRCO) or other government offices or embassies depending on the type of document and the destination country.
What is an Apostille?
Different procedures are followed after a Notary has issued a certificate, depending on the type of document that is being authenticated and where it is going to be used.
If the country in which the document will be used is a signatory to the “convention de la Haye on 5 October 1961″, the process is simpler, and faster, as that country has agreed to adopt a shortened process.
An Apostille Certificate is an official government Certificate that authenticates the seal and or signature of the public official or authority such as a notary or registrar issuing the document.
Spousal affidavit & notarial agreement FAQs
When is a spousal affidavit (also known as a notarial agreement) required?
Foreign citizens, who are typically in a relationship with a South African citizen, will be required to apply for a visa from the South African authorities. When undergoing this process, the couple will be required to “prove” their relationship. For this purpose, the Department of Home Affairs will ask for a Notarial Agreement / Spousal Affidavit to be signed before a Notary Public.