Who is a Notary Public?
A Notary Public in Singapore is a qualified lawyer appointed by the Board of Commissioners for Oaths and Notaries Public to perform notarization of documents. These lawyers must meet certain criteria, such as being at least 40 years old and having a minimum of 15 years of legal experience.
The Notaries Public Act governs the activities of Notaries Public in Singapore.
To qualify as a Notary Public, individuals must be deemed “fit and proper persons” and currently practising advocates and solicitors in Singapore. Those who have declared bankruptcy, been struck off the advocates and solicitors’ roll, or found guilty of misconduct rendering them unsuitable for the role will have their appointments revoked.
What does a Notary Public do?
The main role of a Notary Public is to witness, authenticate, and certify the execution of documents.
When you sign a document before a Notary Public, you are affirming the truthfulness of its information.
Their primary responsibility is to prevent fraud and ensure that individuals sign documents willingly and without coercion.
Do I need a Notary Public?
Engaging a Notary Public becomes necessary when there is a legal requirement for notarization, and it is often a prerequisite when sending documents from Singapore to overseas entities.
Here are some instances where you might need to involve a Notary Public:
- Verifying the signature and execution of documents like deeds, contracts, powers of attorney, incorporation papers, property transfers, Intellectual Property Rights (IPR) assignments, and other instruments to be used abroad. In business transactions, relevant parties may need to be present at the signing, and the Notary Public acts as a witness to ensure compliance with such requirements.
- Administering oaths or affirmations for affidavits or statutory declarations, and attesting such documents.
- Certifying true copies of documents such as passports and bank statements. The Notary Public verifies that the copies are genuine representations of the originals through a visual comparison.
- Handling protests for bills of exchange, which are signed orders for payment. If the bill is dishonoured, the Notary Public can be involved in protesting the bill.
- Recording a ship’s protest, a statement that protects shipowners and crew members from liability by attributing damages to maritime perils rather than negligence.
Even when notarization is not explicitly required, going through the notarization process can help reduce the risk of document forgery and assure business parties that the documents are authentic.
