Notary Public in Thailand. Unlike many jurisdictions where notary publics are a distinct profession with broad legal authority (such as in civil law countries or in the United States), Thailand’s notary system is unique and limited in scope. Thailand does not have a formal independent notary public system as traditionally understood in other countries. Instead, certain qualified lawyers are authorized to act in a notary-like capacity under the regulatory framework of the Law Society of Thailand. Their powers are defined, regulated, and constrained by Thai law and practice.
This article provides an in-depth analysis of the concept of notary public in Thailand, covering its legal foundation, functions, limitations, procedural requirements, and practical use cases.
Legal Framework
Thailand’s notary functions are governed by:
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The Lawyers Act B.E. 2528 (1985), which provides for the regulation of lawyers and their professional conduct.
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The Regulations of the Lawyers Council concerning Lawyers’ Certification of Signatures and Documents B.E. 2546 (2003), issued under the authority of the Lawyers Council of Thailand.
The Lawyers Council of Thailand (LCT) is the primary body that licenses and regulates lawyers authorized to perform notarial services.
Who Can Act as Notary Public in Thailand?
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Only Thai-licensed attorneys who have completed a Notarial Services Attorney Training Program and passed the required examination administered by the LCT are authorized to perform notarial services in Thailand.
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These attorneys are referred to as Notarial Services Attorneys rather than “notary publics” in the strict international sense.
Functions of a Notarial Services Attorney in Thailand
A Notarial Services Attorney in Thailand can:
✅ Verify and certify the authenticity of signatures on documents.
✅ Witness the signing of documents.
✅ Certify copies of original documents as true copies.
✅ Administer oaths and affirmations for declarations used abroad.
✅ Certify the identity of signatories based on official identification.
✅ Provide certification that certain documents have been presented before the notarial officer.
👉 These functions are generally limited to private transactions and do not include the wide range of powers (such as executing deeds, preparing notarial acts, or conferring legal authenticity) that notaries in civil law countries possess.
Common Uses of Notary Services in Thailand
1️⃣ Documents for Use Abroad
Foreign authorities, institutions, or companies often require notarized documents from Thailand, such as:
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Powers of attorney.
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Declarations or affidavits.
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Copies of passports, ID cards, or corporate documents.
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Academic transcripts or professional certificates.
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Adoption, marriage, or other civil status declarations.
These documents are typically notarized in Thailand by a Notarial Services Attorney and then legalized by:
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The Ministry of Foreign Affairs (MFA) of Thailand (Department of Consular Affairs).
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The embassy or consulate of the foreign jurisdiction where the document will be used.
2️⃣ Corporate and Commercial Transactions
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Notarization of corporate resolutions, director signatures, or powers of attorney for transactions involving foreign entities or cross-border deals.
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Certification of company documents for foreign banks or regulators.
3️⃣ Immigration and Visa Matters
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Notarized declarations or statements required for visa, work permit, or immigration procedures abroad.
Procedure for Notarization
The notarization process generally involves:
1️⃣ Presentation of the original document and valid identification (e.g., passport, Thai ID card).
2️⃣ Execution of the document in the presence of the Notarial Services Attorney, if required.
3️⃣ Verification of the authenticity of the document or signature by the attorney.
4️⃣ Issuance of a certificate or notarial stamp/seal on the document.
👉 The notarial certificate will usually specify:
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Name and qualification of the notarial services attorney.
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Identification of the person signing.
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The date and place of notarization.
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The act performed (e.g., witnessing signature, certifying true copy).
Legal Effect of Thai Notarization
It is critical to understand:
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A Thai notarized document does not automatically have legal effect internationally unless further legalized (authenticated) by the MFA and the relevant embassy.
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Thailand is not a member of the Hague Apostille Convention (Convention Abolishing the Requirement of Legalisation for Foreign Public Documents), so full consular legalization is necessary for international use.
Limitations of Notarial Services in Thailand
⚠ No independent public authority
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Unlike civil law notaries who act as quasi-public officials, Notarial Services Attorneys in Thailand are private lawyers performing limited notarial functions under license.
⚠ No authority to draft notarial deeds
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Notarial Services Attorneys cannot draft or authenticate deeds (e.g., for conveyancing of property) with legal effect under Thai law.
⚠ No authority in court or administrative registration
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Notarization by a Notarial Services Attorney does not replace official certification or registration requirements under Thai law (e.g., land office, commercial registration).
⚠ Not equivalent to government attestation
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The MFA’s legalization is still required for documents intended for international use.
Legalization Process After Notarization
If a notarized document is intended for use abroad:
1️⃣ The notarized document is submitted to the Ministry of Foreign Affairs for legalization of the lawyer’s signature and seal.
2️⃣ The document is submitted to the relevant foreign embassy or consulate for final legalization (in accordance with the destination country’s requirements).
Processing times:
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MFA legalization: 2–5 working days (expedited service may be available).
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Embassy legalization: varies by country.
Regulatory Oversight and Misuse
The Lawyers Council has strict rules to prevent misuse of notarial services, including:
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Prohibition against notarizing documents without proper verification.
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Disciplinary measures for false certification or fraudulent notarization.
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Requirement to maintain proper records of notarial acts performed.
Practical Considerations
✅ Identification
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The individual must present valid, official identification. For foreigners, a passport is typically required.
✅ In-person appearance
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In most cases, the individual must sign in the physical presence of the Notarial Services Attorney.
✅ Language
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Documents in a language not understood by the attorney may require translation or certification by a qualified translator.
✅ Fees
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Fees for notarial services are set by private arrangement and vary depending on document complexity and volume.
Conclusion
The concept of a notary public in Thailand is distinct from the traditional notary systems seen in many other countries. Thai Notarial Services Attorneys provide valuable assistance in certifying and verifying documents for domestic and international use, but their role is limited by law and practice. For documents intended for use abroad, additional steps—such as MFA and consular legalization—are essential to ensure acceptance. Understanding these processes is crucial for businesses, legal practitioners, and individuals engaging in cross-border transactions involving Thailand.
