Benaters | Boutique Law Firm in Johannesburg
photo-1485180956642-f7a1e702cba8.jpeg

News & Insights

Incisive legal news and insights

Can a Commissioner of Oaths certify my documents for overseas?

The simple answer is no. Documents that are going to be used for overseas purposes, be it for an individual or company, can only be signed before a notary public.

A Notary Public is a practicing attorney with an additional qualification and given statutory powers to witness documents, administer oaths, and perform other wide-ranging administrative functions of a national and international nature.

Different procedures are followed after the Notary has issued the certificate, depending on the type of document that is being authenticated and where it is going to be used. If the country in which the document will be used is a signatory to the “convention de la Haye on 5 October 1961″, the process is simpler, and faster, as that country has agreed to adopt a truncated process. In this instance an Apostille Certificate will also be required. An Apostille Certificate is an official government Certificate that authenticates the seal and or signature of the public official or authority such as a notary or registrar issuing the document.

An issued Apostille Certificate confirms that the person signing, sealing or stamping a public document has lawful authority to do so, and the apostilled document automatically becomes a legal document in countries which are members of the Hague Convention. It does not authenticate or confirm the contents of a document.

If you have any queries or concerns relating to the authentication of documents please do not hesitate to contact our offices.

ServicesShaun Benater