Does a Notary Read Your Document Before Notarising It?

Yes, a notary looks at your document before notarising it, but not to check that its contents are true. The notary reviews it to understand what it is, confirm it is complete, check you understand it and choose the right certificate. How closely they read depends on the document, and they may decline if something is wrong.

Key takeaways

• A notary reviews the document to understand its nature and purpose, not to verify its facts.
• The notary checks it is complete: no blank spaces, missing pages or unfilled dates.
• The notary must be satisfied you understand the document and sign freely.
• A notary never certifies that the contents of your document are true.
• For a foreign-language document, the notary may need a translation or explanation.
• Your document is treated as confidential, as part of the notary's professional duties.

Why does a notary look at the document at all?

Because a notary cannot properly notarise something without knowing what it is. A notarial act is a formal record, often relied on by courts, registries and banks in other countries, and it has to fit the document. A signature on a power of attorney, a sworn affidavit, a certified copy of a degree and a company resolution each call for a different notarial certificate. The notary needs to see the document to know which act you need and which certificate to attach.

The notary also has duties to the people who will rely on the document overseas. Before acting, they check your identity, your capacity to sign and that you are not under pressure, and they may decline if something is not right. Reviewing the document is part of that. It is also how the notary spots problems that would get the document rejected later, such as a missing page or a date left blank. Our guide to what a notary public does in Australia sets out these duties more fully.

What does the notary actually check?

The level of review varies with the document and the notarial act, but a notary will usually look for the following things.

What the notary looks at	Why it matters
What kind of document it is	Decides which notarial act and certificate are needed
Who the parties are	Confirms you are the person named and entitled to sign
Whether it is complete	Blank spaces or missing pages could be filled in later
Where and how you sign	The signature block, initials on each page and any witness lines
The language it is written in	The notary must understand its nature before acting
Where it is going	Affects the certificate and whether an apostille will follow
Any obvious red flags	Signs of fraud, pressure or an unlawful purpose

What does the notary not check?

A notary does not verify that the facts in your document are true, and the notarial certificate never says they are. If your affidavit states where you lived in 2015, the notary does not check your address history. If your declaration says you are single, the notary does not search marriage registers. You make the statement, and you are responsible for it. Swearing or declaring something false is a serious matter, and the notary's involvement does not change that.

A notary also does not usually tell you whether the document is legally effective, whether it achieves what you want, or whether its terms are fair. Those are questions for a solicitor, ideally one familiar with the law of the country where the document will be used. Our guide to a notary and a lawyer explains where one role ends and the other begins.

Does the notary read every word?

Not necessarily. For a one-page statutory declaration, the notary will probably read it through. For a sixty-page share purchase agreement, the notary is more likely to look at its title, the parties, the execution pages and the signing instructions, and to check that every page is present and nothing is left blank. What matters is that the notary understands enough about the document to perform the right act and to be satisfied that you understand it too.

Some notaries will ask you to explain, in your own words, what the document does. This is not a test. It is how the notary confirms you know what you are signing, particularly if the document is long, technical or in a language you do not read well. If you cannot explain it, the notary may suggest you get advice before signing.

What if the document is in another language?

A notary can often notarise a signature on a document in a language they do not read, but they still need to understand its nature and be confident that you understand it. Depending on the document and the notary's practice, that may mean a translation, a summary in English prepared by the lawyer who drafted it, or an interpreter at the appointment. If the document will be used in Australia or for DFAT, a NAATI translation may be needed as well.

Ask the notary what they need before you book, so you are not turned away on the day. Our guide to notarising a foreign-language document covers the options in more detail.

Why would the notary stop and refuse?

If the review turns up a problem, the notary may decline to go ahead until it is fixed, or may decline altogether. Common reasons are blank spaces or unfilled dates, missing pages, a signatory who does not seem to understand the document, signs that someone is being pressured, a mismatch between the name in the document and your identification, or a document that appears to be for an unlawful purpose.

Most of these are easy to fix before the appointment. Our guides to when a notary can refuse and to the capacity and duress checks explain what notaries look for and why.

Does it matter who drafted the document?

It can. A document prepared by a lawyer overseas usually comes with signing instructions, and those instructions tell the notary what kind of certificate the receiving body expects. A document you prepared yourself from a template may be less clear about how it must be executed, which witnesses it needs, or whether each page must be initialled. In that case the notary may ask more questions before acting, and may suggest you confirm the requirements with the receiving body. If the document was drafted by someone else on your behalf, such as a family member or an agent, make sure you have read it and understand it before the appointment, because the notary will need to be satisfied that it reflects your own wishes.

Is my document kept confidential?

Yes. Notaries treat what they see in the course of their work as confidential, as part of their professional obligations. They keep records of the notarial acts they perform, and some keep copies of what they notarised, but they do not share your document's contents with others except as the law requires. If confidentiality is a particular concern, such as for a commercial agreement, ask the notary how they handle and store records.

How can you prepare the document for review?

A little preparation makes the review quick and avoids a second visit.

1. Read it yourself first. Make sure you understand what it does, and get legal advice if you do not.
2. Fill in every blank. Complete names, dates and places, or strike through anything that does not apply. Leave the signature and date of signing for the appointment.
3. Check every page is there. Bring the whole document, including schedules and annexures, not just the signature page.
4. Bring the signing instructions. Any letter or email from the receiving body explaining how it must be signed and certified.
5. Arrange a translation if needed. Ask the notary in advance what they need for a foreign-language document.
6. Bring your identification. Current photo identification, in the name used in the document.

Common mistakes to avoid

The most common mistake is signing the document before the appointment. If the notary is witnessing your signature, you must sign in front of them, so an already signed document usually has to be printed and signed again. Another is bringing only the signature page of a long agreement. The notary needs to see enough of the document to know what it is, and a loose signature page can easily be attached to something else later.

A third mistake is assuming the notary will fix the wording. The notary may point out obvious problems, such as a blank space or a name spelled differently from your passport, but it is not their role to redraft the document. Go back to whoever prepared it. Our guide to what to do when a notary refuses covers the next steps if an appointment does not go ahead.

Here is an illustration, not a real case.

Sofia brings a Spanish-language power of attorney to a notary so she can sell a flat in Madrid. The notary does not read Spanish, so before the appointment they ask for an English summary from the Spanish lawyer who drafted it. At the appointment, the notary checks Sofia's passport, looks through the document to confirm every page is there and the dates are filled in, and asks Sofia to explain what the power allows her attorney to do. Satisfied, the notary witnesses her signature and completes the certificate. Spain is a Hague member, so it then goes to DFAT for an apostille.

In short

A notary does look at your document, to understand what it is, check it is complete, confirm you understand it and choose the right certificate. The notary does not check that its contents are true or advise on whether it achieves what you want. Prepare it fully, leave the signing for the appointment, and bring a translation if it is not in English. Our document notarisation services page explains how this works with us.

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Not sure whether your document is ready for a notary? Send us the document and the receiving body's instructions, and we will explain each step before you book.