An overseas bank, counterparty or registry may ask for notarised company documents. Before booking, identify whether it needs evidence about the company, a certified copy, a witnessed signature or confirmation relating to the signer's authority. These are different requests. A business card and a document headed company resolution may not provide everything needed to assess the particular notarial act.
Clarify what the recipient wants
Obtain the recipient's document list and instructions in writing. Provide any sample certificate or prescribed wording. Explain the purpose, destination and deadline, and identify the company involved. The notary should be able to distinguish the facts to be certified from the wider commercial transaction, rather than infer the requirement from a brief request to notarise the corporate documents. [N1]
If the request came through an overseas adviser, ask them to clarify any unfamiliar terminology. Corporate documents and certificates can serve different purposes in different jurisdictions. Sending the complete instruction avoids losing an important qualification when the request is passed between the recipient, the Australian company and the person arranging the appointment.
Prepare company and authority information
The handbook discusses ASIC searches and company records as relevant sources for notarial work concerning Australian corporations. It also addresses representative authority and certificates involving company resolutions. [N8] Ask the notary which records are needed for your matter. The fact that someone works for a company does not, by itself, answer every question about the authority relevant to a particular act.
Provide the company's correct name and identifying details, and explain the capacity in which each person proposes to sign. If authority depends on a resolution, delegation or other instrument, supply it for assessment. Do not assume that a generic company extract will establish every fact the overseas recipient wants certified. The requested certificate and supporting records need to match.
Organise the people and documents
Confirm who needs to attend and what identification each person should bring. Identity checking remains relevant when a person acts for a company. [N2] [N8] Tell the notary if a required signatory is overseas or unavailable so the proposed arrangements can be assessed. Avoid making assumptions about substitute signatories or remote processes without advice on the particular requirements.
Use a document schedule listing each item, the relevant signatory, the requested act and the number of originals required. Mark any items that remain in draft. If a document is changed after review, send the revised version before the appointment. This is especially useful when several companies or transactions are included in the same correspondence.
Plan onward use
Confirm whether the recipient requires an apostille, authentication or further steps after the notarial act. [N3] Ask about translations and delivery arrangements where relevant. Keep the company contact, overseas adviser and notary aligned on the timetable so a missing approval or document does not emerge only when the signing appointment is about to begin.
Call Ardian Law on 02 8111 7700 with the company's details, destination and recipient's instructions. We can discuss the requested notarial work and the information to prepare before the appropriate signatories attend.