Notary Public Duties: A Comprehensive Guide for Clients

When you need a document notarized, it can feel overwhelming. You may wonder what a notary public does and how they can help you. Understanding the duties of a notary public is essential for anyone who needs their documents verified. This guide will break down the responsibilities of notaries and how they can assist you in various situations.

Notaries play a crucial role in the legal and business world. They help prevent fraud and ensure that documents are signed correctly. Knowing what to expect from a notary can make the process smoother and less stressful.

What is a Notary Public?

Notaries Public (also called "notaries", "notarial officers", or "public notaries") hold an office which can trace its origins to the ancient Roman Republic, when they were called scribae ("scribes"), tabelliones forenses, or personae publicae. [Black's Law Dictionary, 10th ed. (St. Paul MN: Thompson Reuters, 2014), s.v "notary public".] In Malaysia, a Notary Public is appointed (upon application submitted by an advocate and solicitor of the High Court of Malaya (in continuous active practice for no less than 15 years), with the Bar Council of Malaya support) by the Attorney General of Malaysia under the Notaries Public Act 1959 (Act 115), for a tenure of two years, and to practise within a particular designated territory. This is to ensure that a Notary Public has substantial experience in drafting and execution of legal documents and is capable of carrying out his duty professionally.

Notaries are often required for application, preparation or attestation of various documents destined for use outside of Malaysia, including:

• Contracts

• Wills

• Power of attorney

• Real estate and Property transactions

• Grant of Probate, Letters of Administration, Estate and Succession matters

• Affidavits and Statutory Declarations

• Company Secretarial Documents

• Foreign directors' or shareholders' resolutions

• Incorporation of companies or entity(ies) outside of Malaysia

• Immigration documentation

• Certificate of Good Conduct issued by the Ministry of Foreign Affairs in Malaysia

• Intellectual Property related documentation including assignments

• Acting as submitting agent of consular legalization documents and liaison with Embassies for certification, attestation and legalization

For use within Malaysia, the following services are often sought:

• Certified true copy of documents

• Shipping documentation

• Notarization of documents required for admission into various professional bodies

Understanding the role of a notary public is the first step in utilizing their services effectively.

Key Duties of a Notary Public

Notaries have several important duties that they must perform. Here are the key responsibilities:

1. Verifying Identity

One of the most critical duties of a notary is to verify the identity of the individuals signing a document. This is typically done by checking government-issued photo identification, such as a driver's license, NRIC or passport.

Notaries must ensure that the person signing the document is who they claim to be. This helps prevent fraud and ensures the integrity of the document.

2. Witnessing Signatures

Notaries are responsible for witnessing the actual signing of documents. They must be present when the signers put their signatures on the paper. This step is crucial, as it confirms that the signers are doing so voluntarily.

3. Administering Oaths

In some cases, Notaries Public may need to administer oaths. This is common in legal proceedings where a person must swear to tell the truth. The Notary Public ensures that the individual understands the importance of the oath and that they are taking it seriously. Where oaths or declarations are in a language that a person does not understand, the Notary Public may arrange for an interpreter or have the documents translated.

4. Maintaining Records

A Notary Public is required to keep a record of his notarial acts. Our Notary Register includes details such as the date, type of document, and the names of the signers. Maintaining accurate records is essential for legal purposes and can help resolve disputes if they arise, and may be evidence of the notarial act when required by the foreign accepting authority.

5. Affixing Notary Seal

Before affixing the Notarial Seal, our Notary Public will ensure that the following elements are clearly stipulated:

(a) The title

(b) Date and place of execution

(c) Names of Notary Public, parties, and witnesses

(d) Statement of fact of parties and reason for appearing before Notary Public

(e) Document or transaction which is subject of the act

(f) Signature of party(ies) and witness(es)

(g) Signature and Seal (and where required, the Bindery) of Notary Public

After completing the notarial duty, our Notary Public will affix his official seal to the document. This seal serves as proof that the Notary Public has performed his duties correctly. It also adds an extra layer of authenticity to the document.

When Do You Need a Notary Public?

There are many situations where you may need the services of a notary public. Here are some common scenarios:

Real Estate Transactions

When buying or selling property, a notary is often required to notarize documents such as deeds and mortgage agreements. This helps ensure that the transaction is legally binding.

Legal Documents

Many legal documents, such as wills and powers of attorney, require notarization. This adds an extra layer of protection and ensures that the documents are valid.

Business Agreements

If you are entering into a business agreement, having a notary witness the signing can help prevent disputes in the future. It adds credibility to the agreement.

International Documents

If you need to use a document in another country, it may need to be notarized. This is especially true for documents like birth certificates or marriage licenses.

How to Choose a Notary Public

Choosing the right notary public is essential for a smooth experience. Here are some tips to help you find a qualified notary:

1. Check Credentials

Our Notary Public is licensed and in good standing with the Attorney General of Malaysia. You can verify this through the Notary Public department of the Attorney General's Office.

2. Look for Experience

Experience matters when it comes to notarization. Look for a notary who has been an Advocate & Solicitor and Notary Public for a while, and has a good reputation. We are glad that our Notary Public meets these high standards.

3. Consider Availability

Our Notary Public is flexible with client meeting times, and can usually accommodate weekend or public holiday attendances. Some limited services may be available and legally permissible through mobile, online or video conferencing platforms, coming to your location for added convenience.

4. Our Fees

Fees for our services is prescribed under the Notaries Public Act . We are transparent and fair in our billings, accounting reasonably for time cost for matters not prescribed, and where special effort, skill, time or technical expertise is required. In most cases, we can give you our rates upfront to avoid any surprises.

What to Expect During a Notary Appointment

Knowing what to expect during your appointment can help ease any anxiety. Here is a step-by-step guide to what typically happens:

1. Arriving at the Appointment

When you arrive, the notary will greet you and ask for your identification. Make sure to bring a valid government-issued photo ID such as driver's licence with photo, passport or NRIC.

2. Document Review

The notary will review the documents you need notarized. They will ensure that everything is in order and that you understand what you are signing.

3. Signing the Document

Once everything is ready, you will sign the document in the presence of the notary. They will witness your signature and may ask you to affirm that you are signing willingly.

4. Notary Seal and Record Keeping

After witnessing the signature, the notary will affix their seal to the document and make a record of the notarization. This record is important for legal purposes.

5. Receiving Your Document

Once the notarization is complete, you will receive your document. Make sure to keep it in a safe place, as it may be needed in the future.

Common Misconceptions About Notaries

There are several misconceptions about notaries that can lead to confusion. Here are a few common myths:

1. Notaries Cannot Provide Legal Advice

In Malaysia, where lawyers are also admitted to the Malaysian Bar as Advocate & Solicitor, they can also provide legal advice. Our Notary Public has been in active legal practice for more than 25 years, and is qualified to interpret laws in Malaysia, and to give and dispense legal advice. Apart from that, a Notary Public's role includes witnessing signatures and verifying identities.

2. All Documents Need to Be Notarized

Not all documents require notarization. It is essential to check whether your specific document needs a notary's signature.

3. Notaries Can Notarize Anything

Notaries have limitations on what they can notarize. For example, they cannot notarize documents in which they have a personal interest.

The Importance of Notarization

Notarization is a vital process that adds credibility to documents. It helps prevent fraud and ensures that all parties involved are protected.

When documents are notarized, they are more likely to be accepted by courts and other institutions. This can save you time and hassle in the long run.

Final Thoughts

Understanding the duties of a notary public can help you navigate the notarization process with confidence. Whether you need a document for a real estate transaction, a legal matter, or a business agreement, knowing what to expect can make the experience smoother.

By choosing a qualified notary and being prepared for your appointment, you can ensure that your documents are handled correctly. Remember, a notary public is there to help you, so do not hesitate to ask questions if you have any concerns.

Notary Public at work

In the world of legal documents, having a Notary Public by your side can make a huge difference and is vitally important to ensuring validity of trans-border documents. They are your trusted partner in ensuring that your important papers are valid and secure.