The Ultimate Glossary of Notary Terms (A-Z)
Demystifying Legal Jargon | Essential for MFA & Embassy Processing
Why understanding Notary Terms matters in Thailand?
The Importance:
Legal terminology can be confusing, especially when translating between Common Law (US/UK) and Civil Law (Thailand) systems. A misunderstanding of terms like "Apostille," "Legalization," or "Notary Public" can lead to document rejection by the Ministry of Foreign Affairs (MFA) or foreign Embassies. This glossary provides precise definitions of key terms used in the Thai legal context to help you navigate the bureaucracy with confidence.
Verified Legal Definitions
Registered Expertise
Definitions in this glossary are provided by NYC Translation & Notary Services Co., Ltd. (Reg No: 0435567000061), a leading legal firm in Bangkok. Our team of licensed attorneys ensures that every term is explained accurately according to Thai Law and international conventions.
Meet Our Legal Editors
Our senior partners who curate this knowledge base.
Chief Editor: Legal
Specializes in comparative law and terminology.
Civil Code Specialist
Expert in family law terms like "Por.Kror. 14".
Immigration Terms
Clarifies visa codes and immigration jargon.
Land Law Expert
Defines property terms like "Chanote" and "Condo Act".
Court Procedure
Explains "Affidavits" vs "Statutory Declarations".
Corporate Terms
Expert on "DBD" and "Company Affidavit" definitions.
A-Z Glossary of Notary Terms
A formal declaration before a Notarial Services Attorney by a person who has signed a document, stating that the signature is genuine and was made voluntarily. It confirms the identity of the signer but not necessarily the truth of the document's content.
A written statement confirmed by oath or affirmation, for use as evidence in court. In Thailand, affidavits are often used for "Freedom to Marry" declarations or proof of income for visas. It must be witnessed by a Notary.
A specialized certificate issued by a government authority in a country that is part of the Hague Apostille Convention. Note: Thailand is NOT a member of this convention. Therefore, you cannot get a Thai Apostille; you must use the "Legalization" process instead.
A copy of a primary document (like a passport or degree) that has on it an endorsement or certificate that it is a true copy of the primary document. In Thailand, this must be done by a Notarial Services Attorney or the issuing government body.
The final step in the Thai document authentication process. After the MFA legalizes a document, it must often be taken to the Embassy of the destination country in Bangkok to be "legalized" or "authenticated" by their Consul for use in that country.
The Thai government agency responsible for regulating companies. A "DBD Affidavit" or "Company Certificate" is a key document showing a company's directors and capital, often required to be translated and legalized for business abroad.
A certification added to an affidavit or statutory declaration stating when, where, and before whom it was sworn. It typically starts with "Sworn to (or affirmed) and subscribed before me...". The signer must sign in the Notary's presence.
The process of authenticating a document for use in a foreign country. In Thailand, this involves the Ministry of Foreign Affairs (MFA) certifying the signature of the Notarial Services Attorney or Translator.
The Thai government ministry responsible for foreign relations. The "Department of Consular Affairs" within the MFA handles the legalization of documents. Their main office is on Chaeng Watthana Road.
The Thai equivalent of a "Notary Public." In Thailand, only lawyers who have passed a special training course by the Lawyers Council of Thailand can perform notarial acts. There is no separate "public notary" civil service position.
A legal document giving one person (the agent) the power to act for another person (the principal). In Thailand, for land transactions, a specific form (Thor.Dor. 21) is required. General POAs are used for other matters.
A formal statement made in a prescribed way, similar to an affidavit. It is used when there is no other evidence available (e.g., declaring single status if your country doesn't issue certificates). It is a crime to lie in a statutory declaration.
A translator who has sworn an oath before a court to translate faithfully. Thailand does not have a formal "Sworn Translator" system like Europe. Instead, we use "Certified Correct Translation" by registered translators or Notarial Attorneys.
A person who observes the signing of a document and signs it to verify that it was signed by the named party. For official documents, the witness often needs to be a Notarial Services Attorney to be recognized internationally.
WARNING: Common Misunderstandings
Using the wrong term can lead to costly mistakes.
- Apostille vs. Legalization: Don't ask for an Apostille in Thailand. You will be sold a fake stamp. Ask for "Legalization."
- Notary vs. Lawyer: All Thai Notaries are Lawyers, but not all Thai Lawyers are Notaries. Ensure your lawyer has the specific "Notarial Services Attorney" license.
- Certified Copy vs. Original: The MFA requires the Original document to legalize a certified copy. You cannot just bring the copy.
Clarify your needs with NYC+ Lawyers to avoid rejection.
Case Studies: Terms in Action
How knowing the right word saved the day.
Case 1: The "Apostille" Request
Client: Asked for an "Apostille" for a Thai birth certificate to use in France.
Action: We explained that Thailand is not a Hague member. We performed "Legalization" instead (Translation -> Notary -> MFA -> French Embassy).
Outcome: Document accepted by French authorities.
Case 2: The "Jurat" Requirement
Client: Needed to sign a US Affidavit. The form required a "Jurat."
Action: Our Notary administered the oath and used the specific "Subscribed and Sworn" stamp (Jurat) rather than a simple "Acknowledged" stamp.
Outcome: US Court accepted the affidavit.
Case 3: "Certified True Copy" of Passport
Client: Opening a bank account in Singapore.
Action: Bank required "Original Sighted." We used our specific stamp that includes the text "I certify I have seen the original," meeting the bank's compliance rule.
Outcome: Account opened.
Frequently Asked Questions (FAQ)
Is a "Commissioner of Oaths" the same as a Notary?
In function, yes. "Commissioner of Oaths" is a Common Law term (UK/Australia). Thailand uses "Notarial Services Attorney." Our attorneys fulfill the same role of administering oaths.
What is a "Wet Ink" signature?
It means signing with a physical pen and ink (usually blue), as opposed to an electronic or digital signature. The Thai MFA strictly requires Wet Ink for legalization.
Do you update this glossary?
Yes, we review legal terms annually or whenever there is a change in Thai legislation (e.g., Electronic Transactions Act updates).
Service Area Coverage: All of Thailand
We serve clients nationwide. Contact us for help with legal terminology.
