In many instances a document, contract, affidavit, declaration, application, a power of attorney or form needs to be signed in front of a Notary Public, who will attest to your identity and the fact that you have signed the document in front of him/her. In turn, the notarised document can be legalised for use outside the borders of South-Africa using an Apostille certificate or in the case of a non-Hague member destination country an authentication and possibly embassy legalisation process.
We charge a fee of R850 per attestation which includes the consultation with the notary.
• What are the requirements as to the form and wording of the document?
• What are the witnessing requirements?
For the document or form to be legally binding, it will need to be drafted in agreement with the local laws of the country where the transaction is to take place. As an example, if you live in South-Africa but own an apartment in Spain and would like to appoint a person in that country to manage it, your power of attorney should be drafted to reflect the laws of the foreign country, and should thus preferably be prepared by a lawyer in that country. Once drafted, it is sent to South-Africa for signature before a Notary Public.
What about signing requirements for the 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. Sometimes one or more witnesses may be required to be present in addition to the Notary. After being notarised by the Notary Public, the document may need to be apostilled, authenticated or legalised by the High Court, Department of Foreign Affairs and possibly the relevant Embassy or Consulate depending on the destination Country of the document.
Also, obtain instruction whether an Apostille, Authentication or Embassy Legalisation is required. Louwrens Koen Attorneys is experienced in the notarising and legalising documentation for primary use in most countries in the world.
We deliver a comprehensive document attestation and legalisation service, which service among other things includes:
For further information, to schedule an appointment or should you have questions please contact us.