Articles in Category: Notary Signatory Service Sout-Africa

Notary Signatory Service Sout-Africa

Notarial Attestation - Sign documentation before Notary Public South-Africa


Sign Power of Attorney before Notary Public for use outside the borders of South-Africa

Prior to having a Power of Attorney document signed and witnessed for use overseas, it is important to ask the receiving overseas entity:

What are the requirements as to the form and wording of the document?
What are the witnessing requirements?
What is a “Power of Attorney”?

Authorising a person to act on your behalf is a common practice in South-Africa and overseas. This can be achieved by signing a Power of Attorney document. If the document is signed for use in another country, it will need to be notarised by a Notary Public to be acceptable overseas.

Many people give Power of Attorney to another person when they are unable to be physically present to sign important documents. The authorised person, called an Attorney, can only act on your behalf as outlined in the Power of Attorney document.

For example, when selling or buying property outside South-Africa, people often grant a Power of Attorney to a person in the same country where their property is or will be located. This allows them to manage the selling or buying process more easily, as they will not need to travel to the country to sign contracts or solve issues that arise.

What is the wording that should be used in the ”Power of Attorney” document?

It is important that the document is carefully prepared in line with your instructions and the local law where it is to be recognised. For the Power of Attorney document to work efficiently, it will need to be drafted in accordance with the local laws of the country where the Attorney and property are located.

As an example, if you live in South-Africa but own an apartment in the United States of America and would like to appoint a person in that country to manage it, your Power of Attorney document would need to be worded so as to reflect the laws of the United States rather than South-Africa.

Usually then, Power of Attorney documents are prepared by lawyers in the country where the document is intended to be used. Once it is prepared, it is sent to South-Africa in order for it to be signed before a Notary Public.

What about signing requirements for the “Power of Attorney” document?

The requirement as to how the document is to be signed may vary from country to country. It may need to be signed only in front of a Public Notary or alternatively one or more witnesses may be required to be present in addition to the Notary.

Some countries require the Power of Attorney to use a special format or form.

What else needs to be done after the”Power of Attorney” document is signed and notarised?

After being attested and notarised by the Notary Public, the document may need to authenticated or stamped with an Apostille. This means that along with how the document should be notarised, instructions should be sought whether the Power of Attorney requires an Apostille, Authentication and/or embassy legalisation in order of it to be legally recognised in the country of intended use.

Louwrens Koen Attorneys is experienced in notarising Power of Attorney documents for production in many different countries of the world. We assist clients with many types of documents on a regular basis and are available to help you at your earliest convenience.

Residents from South-Africa can instantly book an appointment for Notarial Services by clicking here.

The fees for a attestation by a notary and legalisation is the amount of R650.00 which will include the consultation with the notary, notarisation and attestation certificate as well as the further legalisation by means of apostille certificate or authentication depending on the destination country.

Please bring along the Power of Attorney, Affidavit, or form that needs to be signed in front of the Notary as well as an identity document or passport for the Notary to be able to identify you.

Appointment Location: Appointments can be instantly booked online for both offices, either:

How to order our notarial attestation service


1. Personally Attend at our Offices-We have a Notary Public in attendance at our Pretoria office from 8.00 am to 15h30 pm Monday to Friday to attest and notarise documents and to personally accept orders for all Apostille Certificates and Embassy legalisations.

Please book an appointment or contact us to make sure the notary is available.

Contact Details
Telephone:    +27 (0) 87 0010 733
Fax:                +27 (0) 86 776 4377
Cell:                +27(0) 84 316 3765
E-mail:            This email address is being protected from spambots. You need JavaScript enabled to view it.


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What kind of documents can be apostilled?

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What documents can be legalised by apostille certificate?

Virtually any public document can be legalised by an Apostille Certificate.

Here is a list of Popular South-African Public Documents that is Apostilled:
Consent letter for children to travel or visit overseas;

  •          Powers of Attorney;
  •          University, School degrees, certificates and transcripts
  •          Notarial copies of documents certified by a Notary Public;
  •          Doctor and Dentist applications for overseas appointments;
  •          Birth, Death and Marriage Certificates;
  •          Change of Name documents;
  •          Marital status documents;
  •          Land Transfer documents;
  •          Certificate of Incorporation of South-African Company;
  •          Notarised copy of Passport, Drivers Licence and other identity    documents;
  •          Divorce Decree  issued by the Court;
  •          Police Clearance Certificate issued by South-African Police Services;
  •        Miscellaneous notarised documents for use overseas
     

This list is not exhaustive.

If you have a document not listed above which you require apostilled, email us for free professional guidance.

311 Eastwood Street, Arcadia, Pretoria, Gauteng, South Africa
Tel: 087 0010 733
Cell: 084 316 3765
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

The limited effect of an apostille certificate?

Legal effect of apostille certificate

An Apostille only authenticates the origin of the underlying public document

The effect of an Apostille is limited. It only confirms the origin of the underlying public document. It does so by certifying the authenticity of the signature on the document, the capacity in which the person was signing the document acted and, where appropriate, the identity of the seal or stamp that the document bears (Art. 5(2)). The Special Commission has confirmed the limited effect of an Apostille

An Apostille does not certify the content of the underlying public document

An Apostille does not relate in any way to the substantiate the underlying public document. While the public nature of the document itself may imply that its content is accurate and correct, an Apostille does not enhance or add any legal significance to, the legal effect that the signature and seal would produce without an Apostille. In this regard, the Special Commission recommends that Competent Authorities include a notice about the limited impact of the Apostille
 

An Apostille does not certify that all requirements of domestic law for proper execution of the underlying public document are met.

 An Apostille does not certify that a public document was executed in accordance with all requirements of domestic law. It is for domestic law to determine whether defects invalidate the public nature of a document and to what degree a Competent Authority is responsible for scrutinising documents for such defects.

For example, domestic law may or may not require a Competent Authority to scrutinise whether a notary is authorised under domestic law to execute the particular notarial act or notarial certificate in question. The Convention certainly imposes no obligation upon a Competent Authority to do so. Because an Apostille does not have any legal effect beyond certifying the origin of the underlying public document, its issuance of a document does not cure any such defects.

An Apostille does not affect the acceptance, admissibility or probative value of the underlying public document

The Apostille Convention does not affect the right of the State of destination to determine the acceptance, admissibility and probative value of foreign public. In particular, the authorities in the State of destination may determine whether a document has been forged or altered, or whether it has been validly executed. They may also establish time limits on the acceptance of foreign public documents (e.g. the document must be produced within a certain period after its execution), even though such limits cannot be imposed on the acceptance of the Apostille itself. Furthermore, it remains for the laws of evidence of the State of destination to determine the extent to which a foreign public document may be used to establish a certain fact.

The effect of an Apostille does not expire

The Convention does not place any time limitation on the impact of an Apostille. A validly issued Apostille, therefore, has effect for as long as it is identifiable and remains attached to the underlying public document. Accordingly, an Apostille may not be rejected solely by its age. However, this does not prevent authorities in the State of destination, from their domestic law, from establishing time limits on the acceptance of the underlying public document.
 
Louwrens Koen Attorneys
311 Eastwood Street, Arcadia, Pretoria, Gauteng Province, South Africa
Tel: : 087 001 0733
Cell: 084 316 3765
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
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