Frequently Asked Questions

Frequently asked questions with regards to the office of a Notary Public

What is a Notary Public in South Africa?

A Notary Public is an attorney admitted and authorised by the High Court of South Africa to witness signatures, draw and attest contracts and statements, and authenticate the validity of certain documents.

Is a Notary Public an attorney?

Yes, a Notary Public is an admitted attorney who has passed the practical examination in respect of the practice, functions and duties of a notary.

Who or how is someone considered as a Notary Public?

An admitted attorney who has passed the practical notarial examination may, on application to the High Court of South Africa, be admitted and enrolled as a Notary Public.

What is an international notary?

An international notary is a public officer, usually practising as a solicitor or attorney in a foreign country, who has been admitted as a Notary Public in that country.

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What are the signing requirements for notarial documents?

The requirements regarding how documents are to be signed may vary depending on the destination country. It may need to be signed only in front of a Notary Public or alternatively one or more witnesses may be required to be present in addition to the Notary Public. After being notarised by the Notary Public, the document may need to be apostilled, authenticated or legalised by the High Court of South Africa, Department of International Relations and Cooperation (DIRCO) or other government offices depending on the type of document and the destination country.

What are the witnessing requirements with regards to notarial documents?

A Notary Public may not allow a witness to sign a notarial document without seeing the appearers sign, unless the appearers have acknowledged their signatures in the presence of the witness.

What is the difference between a notarised copy and a certified document?

Certified copy:

– Copies of original documents can be certified by any Commissioner of Oaths in South Africa by endorsing the document with a Commissioner of Oaths stamp. This indicates that the document itself is a true copy of the original document.

Notarised copy:

– Copies of original documents can be authenticated by a Notary Public to prove that it is a true copy of the original by endorsing the document with a Notary Public stamp or seal.

The process of authentication of documents involves that the Notary Public verify the original document as well as the copy to ensure that the copy is a true copy of the original and that no amendments or adjustments were made thereto. Once the document has been notarised, the Notary Public issues a collation certificate.

How long is a notarised document valid?

It all depends on the authority requesting the notarised document.

What does the notarisation of a document mean?

A notarised copy of a document is a true copy of the original document.