What is a notary public?
Notaries public are typically senior lawyers who are qualified to act under the Notaries Public Act. The lawyer must have undertaken an extra qualification and be appointed by the Singapore Academy of Law to act as a notary public.
They are involved with the preparation, verification, certification, attestation, and authentication of documents intended for use overseas. Both individuals and businesses are likely to need notarial services.
Notaries public are a small, independent, and specialised division of the legal profession. They originated from scribes who took notes of important events or decisions and recorded them in public or private records.
What is notarisation?
Notarisation is the process when a notary public confirms the authenticity of a document.
Typically, the notary will observe the signing of the document. They will have the individual sign the document, take an oath where required, and confirm their identity. The notary will sign and stamp the document to verify it is genuine.
There are two types of certifications which a notary would assist with. That being a document is either a true copy of an original document or has been validly executed.
A notarised document that has been authenticated by the Singapore Academy of Law (SAL) is widely accepted overseas as evidence that the document, or the copy, is genuine. However, some countries require a further step called legalisation, carried out by their own embassy or consulate. This is explained below.
Why do we need a notary public?
There is no general rule that documents must be notarised before you send them overseas. However, the overseas party may insist you have the document(s) notarised before they rely on them.
There is a heightened risk in relying upon foreign documentation. Most people will not know whether they are authentic or not. A higher level of care is required when relying upon documents which come from overseas.
Notaries play a vital role in the prevention of fraud or identity theft. These are serious risks for businesses and organisations, which could cost them a lot of time and money if they get it wrong.
The documents which require notarisation fall within two categories. Documents which need to be certified as genuine and documents that provide someone with the authority to do something.
A document which needs to be certified as genuine could be a qualification you hold. If you are applying for a job overseas, your prospective employer may want to be sure you are qualified to carry out that role. For instance, they do not want to risk finding out after your first day on the job that you are not, in fact, a qualified brain surgeon!
Similarly, a document provides someone with the authority to do something. An overseas bank must ensure the Power of Attorney is genuine before allowing you to withdraw money from a relative’s bank account.
Documents may need to be notarised by a company or organisation. For example, documents associated with:
- Powers of Attorney
- Buying or selling property
- Getting married
- Taking up a job offer overseas
- To authenticate travel documents
- For visa or other immigration purposes, overseas
- Dealing with probate of a deceased person’s estate
- To bring or defend legal proceedings
- To create or invest in a business overseas
- To enter commercial contracts overseas
As you may appreciate, these are essential processes that could have severe consequences if something went wrong due to a reliance on fake documents.
Notary public or Commissioner for Oaths?
If the certified copies will be used in Singapore, for example by a local employer, school or government agency, a Commissioner for Oaths can usually certify them, and no Notarial Certificate or SAL authentication is involved. If the copies are going overseas, you will almost always need a notary public. When in doubt, check with the organisation that will receive the documents, or ask us before you come in.
What must I do to have my documents certified for use overseas?
Firstly, ensure that you understand what documents need to be notarised. Usually, the company or organisation that requires the documents to be notarised will outline these to you.
Be prepared to tell the notary what documents require certification and why. The reason why is important as the notary may be able to identify whether something further may be required which has been missed.
You will need to bring to the meeting:
The original document(s) for which you require notarisation. A copy cannot be certified against another copy, so the notary must see the original.
- If a translation of documents is required, let us know when making the appointment. We can arrange certified translation and notarise the translation in the same place.
- It would be helpful if you provided the notary with the correspondence which outlines what the company or organisation requires to be notarised, if possible.
- Bring along your photographic and address identification. Although this is typically required for documents which grant you with an authority to do something, it is always best to bring it along to the meeting just in case.
Every Notarial Certificate issued in Singapore must be authenticated by the Singapore Academy of Law (SAL). Under the Notaries Public Rules, a notary must issue a Notarial Certificate for each document attested or certified, and that certificate must be authenticated in accordance with SAL’s rules.
Ensure that you discuss with your notary whether an apostille is enough for the destination country, or whether embassy legalisation is also required.
The process followed when certifying documents used overseas
Collate all necessary documentation on which the company or organisation requires certification. Then, arrange an appointment with a notary following the guidance above.
Once your documents have been notarised, SAL must then authenticate them. Since 16 September 2021, when the Apostille Convention came into force for Singapore, SAL authenticates notarised documents by issuing an apostille, which is attached to the Notarial Certificate. The notary can help you with arranging this. Our guide to apostille services in Singapore explains the apostille in more detail.
An apostille is accepted in countries that are members of the Apostille Convention. If the document is going to a country that is not a member, it will usually also need to be legalised by that country’s embassy or consulate in Singapore after SAL has issued the apostille. This is an extra step on top of the notarisation by the notary and the authentication by SAL.
Legalisation is not a requirement for all documents, so check with the overseas government or the receiving organisation whether your documents require it. Embassy requirements and fees vary from country to country, and your notary may be able to help you with this part.
As mentioned earlier, some documents may require translating. If translating the documents is required, ask your notary whether they can arrange this for you. If they are unable to, you should engage a certified translator.
You may find further information on the authentication service provided by SAL at SAL Commissioners for Oaths & Notaries Public.
There is a public register which records documents which have been authenticated by SAL, so that the receiving party can verify them: https://Legalisation.sal.sg.
Costs of notarisation
The fees for the common notarial acts are prescribed in the Notaries Public Rules, so they are the same whichever notary you use. Notaries may charge reasonable fees for other work that is not covered by the prescribed scale. The common fees are as follows:
Notarial service
Fees payable
Notarial execution by one party for one document
$40.00
For a second party to the same document
$20.00
For each additional party to the document
$10.00
For each exhibit marked on or attached to the document
$10.00
Authentication by SAL of a notarised document (including GST)
$87.20
Execution by a company with declaration and exhibit
$150.00
Certified true copy documents: with a seal
$10.00 first page, $5.00 for each subsequent page
Notarial certificate and seal
$75.00
Statutory declaration for one party
$40.00
Statutory declaration for a second party
$20.00
Statutory declaration for each additional party
$10.00
For each exhibit marked on or attached to the statutory declaration
$10.00
An example of what a notarial fee may look like
If you require two documents to be certified as true copies, such as a copy of your passport and a copy of a certificate confirming a qualification, the fee would be calculated as follows:
$10 (certifying your passport) + $10 (certifying your certificate which confirms your qualification) + $75 (notarial certificate for your passport) + $75 (notarial certificate for your qualification) + $87.20 (SAL certification fee for your passport) + $87.20 (SAL certification fee for your qualification) = $344.40.
Where the receiving party will accept it, more than one document can sometimes be bundled under a single Notarial Certificate, which means one notarial certificate fee and one SAL fee rather than two. Whether that is possible depends on where the documents are going, so tell the notary about the whole job at once.
You may view the full table of notarial fees here: Notaries Public Rules, Singapore Statutes Online (agc.gov.sg)
Common questions
Can a notary certify a photocopy of my passport?
Yes, provided the notary sees the original passport. A certified true copy is made by comparing the copy against the original, so a copy of a copy cannot be certified.
Do I need an apostille as well as a notary?
If the document is going overseas, almost always. Every Notarial Certificate in Singapore must be authenticated by SAL, and since September 2021 that authentication takes the form of an apostille. Some non-member countries then require embassy legalisation on top.
How long does certifying true copies take?
The notarial step is usually quick once the originals are available. SAL authentication typically adds one to two working days, and embassy legalisation, where needed, depends on the embassy. If you have a deadline, tell your notary at the outset.
Can I get documents certified without going in person?
For certified true copies, the notary needs to see the originals but not necessarily you. Our notary public page explains how drop-off, courier collection and online payment work.