Notary Public in Thailand

A Notary Public plays a critical role in many legal and commercial transactions around the world, primarily by authenticating documents, witnessing signatures, and preventing fraud. In Thailand, the role of a Notary Public exists but differs slightly from its counterparts in common law jurisdictions such as the United States or the United Kingdom. Understanding how notarial services work in Thailand is essential for anyone dealing with official documentation, whether you’re a local, an expat, or a business entity.

This article explores the Notary Public system in Thailand, its legal framework, the qualifications of notarial officers, and when and why you might need one.

Legal Framework and Structure

Unlike in many other countries, Thailand does not have an official position titled “Notary Public” established by a specific law or government licensing body. Instead, notarial services are provided by lawyers who are certified as Notarial Services Attorneys by the Law Society of Thailand.

This system is grounded in the authority granted by the Lawyers Council of Thailand, which permits licensed Thai lawyers to undergo special training and obtain certification to perform notarial acts. These lawyers are commonly referred to as “Notarial Services Attorneys,” although they perform many of the same functions as a Notary Public in other jurisdictions.

Who Can Act as a Notarial Services Attorney?

To provide notarial services in Thailand, a person must:

1. Be a licensed Thai lawyer registered with the Lawyers Council of Thailand.
2. Complete a notarial services training course conducted by the Law Society of Thailand.
3. Pass the relevant examination and receive certification as a Notarial Services Attorney.

Only lawyers who meet these criteria are legally allowed to offer notarial services in the country.

Key Functions of a Notary Public in Thailand

Although the scope of authority is narrower than in some other countries, a certified Notarial Services Attorney in Thailand can legally perform several important functions:

1. Witnessing Signatures

This is one of the most common services. A notarial officer verifies the identity of the signatory and ensures that the document is signed voluntarily and with full understanding.

2. Certifying True Copies

They can attest that a photocopy or duplicate of an original document is a “true copy,” confirming that it matches the original and has not been altered.

3. Administering Oaths and Affirmations

Notarial officers may administer oaths or affirmations for affidavits or other sworn statements, particularly for use in foreign courts or consular procedures.

4. Certifying Translations

In some cases, they may certify the accuracy of translated documents, though some embassies or official bodies may require certification by a court-appointed translator.

5. Authentication of Documents

They authenticate documents for use overseas—this is especially important for:

• Power of Attorney
• Affidavits
• Corporate resolutions
• Financial statements

These services are often required by foreign embassies, immigration authorities, or international organizations.

When Do You Need a Notary Public in Thailand?

Notarial services are essential for many legal, commercial, and personal situations, especially involving international transactions. Common scenarios include:

1. Real Estate Transactions

Foreigners buying or selling property in Thailand—or Thai nationals engaging in overseas transactions—often require notarized documents such as powers of attorney in Thailand, ID copies, or financial declarations.

2. Overseas Visa Applications

Embassies and consulates typically require notarized documentation for visa applications, including financial statements, employment verification, or consent letters for minors.

3. Marriage and Divorce Proceedings

When getting married abroad or registering a divorce in another country, individuals may need notarized affidavits of single status or other declarations.

4. Business and Corporate Use

Companies may require notarized board resolutions, shareholder agreements, or contracts to be submitted to foreign partners, banks, or courts.

5. Banking and Financial Services

Opening an overseas bank account, applying for loans, or handling cross-border investments may require notarized identity documents or financial disclosures.

Limitations of Notarial Services in Thailand

It’s important to understand that notarial officers in Thailand are not equivalent in authority to a government-appointed notary public in many Western jurisdictions. Here are a few key limitations:

• No public office: Thai notarial officers are not appointed by the state but are certified by a professional body (the Lawyers Council).
• Not universally accepted: Some foreign jurisdictions or embassies may not recognize documents notarized by Thai lawyers, especially if they expect a government-backed notary seal.
• No direct legalization powers: For documents to be used in certain countries, notarization alone is not enough—they may also need to be legalized by the Thai Ministry of Foreign Affairs or authenticated at the relevant embassy.

Therefore, it’s advisable to check the requirements of the recipient institution or country to ensure that notarization in Thailand will be accepted.

Notary Fees and Availability

Fees for notarial services in Thailand are not government-regulated and may vary depending on the lawyer, location, and complexity of the document. However, typical costs for simple notarial acts range from THB 500 to THB 2,000 per document.

Notarial services are commonly available in:

• Law firms (especially international or immigration-focused firms)
• Major cities like Bangkok, Chiang Mai, Pattaya, and Phuket
• Near embassies or immigration offices

Legalization and Apostille Process

Thailand is not a signatory to the Hague Apostille Convention, so notarized documents intended for use overseas may also require:

1. Legalization by the Ministry of Foreign Affairs of Thailand, and then
2. Authentication by the receiving country’s embassy or consulate.

This multi-step process ensures that documents notarized in Thailand will be valid in jurisdictions that demand official government verification.

Conclusion

While Thailand does not have a traditional Notary Public system as found in many Western countries, it provides similar legal functions through certified Notarial Services Attorneys. These professionals offer crucial services such as witnessing signatures, certifying documents, and authenticating legal instruments for both local and international use.

For individuals and businesses involved in cross-border transactions, visa applications, or legal declarations, understanding how notarial services work in Thailand—and their limitations—is essential. Given the legal complexities and potential for document rejection abroad, working with a qualified lawyer experienced in notarial services can help ensure your paperwork is properly prepared, certified, and accepted wherever it’s needed.