Notary Public in Thailand

Notary Public in Thailand. In Thailand, the concept of a Notary Public exists but functions differently from that in many Western jurisdictions. Thailand does not have a distinct profession called “notary public” in the traditional civil law or common law sense. Instead, Notarial Services Attorneys, authorized under the Lawyers Council of Thailand, carry out notarial functions.

Understanding the scope, legal limitations, and process of notarial services in Thailand is crucial, especially for foreigners dealing with property transactions, international documents, corporate authorizations, or court submissions abroad. This article explores the role of Notarial Services Attorneys, their legal framework, recognition abroad, and procedural obligations within the Thai context.

1. Legal Framework and Authority

Thailand does not have a separate notarial act. Instead, the Lawyers Council of Thailand under the Royal Patronage grants certain licensed lawyers the authority to act as Notarial Services Attorneys. This authority was created through internal regulations to bridge the gap in notarial functions for international transactions.

Only Thai lawyers who meet specific requirements and complete a certification training course by the Lawyers Council may apply for this status. These lawyers are then allowed to perform limited notarial acts recognized within Thailand and abroad.

Key legislation and rules include:

• The Lawyers Act B.E. 2528 (1985)

• Regulation of the Lawyers Council Regarding Notarial Services Attorneys B.E. 2555 (2012)

2. Scope of Notarial Functions in Thailand

Notarial Services Attorneys in Thailand may perform several functions, generally recognized internationally:

2.1. Certifying Signatures

• Witnessing and certifying signatures on legal documents (e.g., affidavits, powers of attorney, contracts).

• Confirms that the person signing the document appeared in person and was identified properly.

2.2. Certifying Copies of Documents

• Verifying that a copy of a document (passport, ID card, title deed) is a true copy of the original.

2.3. Administering Oaths and Affirmations

• For use in foreign jurisdictions, especially for affidavits or declarations submitted to foreign courts or authorities.

2.4. Attesting to Execution of Contracts

• Especially important in cross-border commercial transactions, mergers, or real estate agreements.

2.5. Certifying Corporate Resolutions

• For Thai companies issuing a board resolution, corporate authority document, or appointment of an overseas representative.

3. Who Recognizes Notarial Services Attorneys?

3.1. Use in Foreign Jurisdictions

Documents notarized by a Notarial Services Attorney in Thailand are often recognized abroad, particularly when further certified through legalization by the Ministry of Foreign Affairs (MFA) or apostilled (for countries in the Hague Apostille Convention, which Thailand joined in 2023).

Common use cases:

• Real estate purchases abroad by Thai nationals

• Visa applications or sponsorship affidavits

• Commercial agreements requiring notarization

• Foreign court proceedings involving Thai witnesses or evidence

3.2. Use in Domestic Transactions

Within Thailand, notarization is often required for:

• Land Department transactions involving foreigners

• Company registration or amendments involving international parties

• Immigration-related affidavits (e.g., marriage affidavits, income declarations)

4. Notarial vs. Legalization and Apostille

Understanding the distinction between notarization, legalization, and apostille is vital for proper document usage.

5. Qualification and Regulation of Notarial Services Attorneys

Requirements:

• Must be a licensed Thai attorney under the Lawyers Council of Thailand

• Must complete a special notarial services training course

• Must apply and receive Notarial Services Attorney certification

• Must adhere to a code of conduct and professional liability standards

Oversight:

• The Lawyers Council may suspend or revoke certification if the notary violates ethical or legal obligations.

Liability:

• Notarial Services Attorneys can be held personally liable for fraudulent acts, gross negligence, or misconduct.

• Clients can initiate civil or criminal proceedings if a notarized document is proven false or improperly executed.

6. Notarization Process in Practice

Step 1: Verification of Identity

• Valid passport, Thai ID, or government-issued identification is required.

• In-person appearance is typically mandatory.

Step 2: Review of Document

• The notary examines the content to ensure legal validity and ethical appropriateness.

• In certain cases, the lawyer may request supporting documents (e.g., corporate registration, land title, etc.)

Step 3: Signing and Certification

• The signer signs in the presence of the attorney.

• The attorney affixes a notary seal/stamp, name, license number, and date.

Step 4: Legalization (Optional)

• If the document is to be submitted abroad, the notarial act must be legalized by:

  • Department of Consular Affairs, Ministry of Foreign Affairs

  • Or through Apostille, if the receiving country is a treaty member

7. Cost and Timeframe

• Standard fees for notarization range from THB 500 to THB 3,000 depending on the type of document and language translation requirements.

• Legalization or apostille adds further 2–7 business days, plus courier times if required.

Some law firms offer bundled services for notarization, translation, and legalization for foreign nationals.

8. Limitations and Considerations

Limitations:

• Notarial Services Attorneys are not civil servants and have no public notary status under international treaties unless properly legalized.

• Their authority is non-sovereign, and their acts must often be validated by the MFA for foreign recognition.

Risk of Fraud:

• Clients should verify the notarial lawyer’s status with the Lawyers Council of Thailand to avoid fraudulent notarial acts.

Foreign Language Documents:

• Documents in English or other languages may require Thai translation before MFA legalization.

• Translation must be certified and sometimes notarized as well.

9. Common Use Cases for Foreigners

• Real estate purchases in Thailand (POA, ID certification)

• Visa sponsorships and family-based immigration (affidavits)

• Marriage registration documents

• Power of Attorney used abroad

• Corporate resolutions involving multinational transactions

Foreign embassies in Thailand often require notarized affidavits or declarations for use in consular services.

Conclusion

While Thailand does not have a traditional Notary Public system, its Notarial Services Attorneys fill the essential role for both domestic and international legal processes. These licensed lawyers, acting under the Lawyers Council, provide critical services such as signature certification, document verification, and oath administration. Their work becomes especially vital for cross-border legal affairs, international real estate, and corporate transactions.

Understanding the legal foundation, process, and limitations of notarial services in Thailand allows individuals and businesses to engage confidently in documentation that must hold legal weight across borders.