A loan with an Australian lender almost never needs a notary. The lender identifies you itself, and any mortgage goes through its systems and your conveyancer. A notary appears when one side is overseas: a foreign lender, a guarantee for family abroad, a cross-border company loan, or enforcing a loan in another country.
The common situations are:
In each case the foreign party cannot see you sign. It cannot check an Australian identity document either. A notary's certificate answers both problems, and DFAT's apostille then confirms the notary's signature and seal for the foreign reader.
If both parties are in Australia and the lender is Australian, ask why a notary was requested. A domestic loan rarely needs one. Sometimes the request is a template instruction nobody has questioned.
At the appointment the notary checks your identity against the name in the agreement. The notary must be satisfied that you understand the document and are signing of your own free will. The notary then witnesses your signature, attaches a notarial certificate, and records the act in the notarial register.
The notary does not review the terms. A notarial certificate says who signed and when. It says nothing about whether the interest rate is fair, whether the security is enforceable, or what the lender's country's law makes of the document. For those questions, you need a lawyer. See what a notarial certificate proves.
Foreign lenders often use their own standard forms, in their own language. That raises a particular problem. The notary must be satisfied you understand what you are signing, and may decline if you do not.
Expect to need a translation, or a bilingual version with both languages side by side. A bilingual document is often easier, because you sign one document rather than a document plus a separate translation. Our page on notarising documents in a language you do not read explains the options. The lender decides whose translation it accepts.
A guarantee is where the notary's checks on capacity and free will matter most. Guarantees for family members are signed under pressure more often than most documents. A guarantor can end up liable for the whole debt, not just a share of it.
Expect the notary to speak with you on your own. The notary may ask whether you understand the extent of your liability, and whether you have had independent legal advice. A notary who is not satisfied may decline to act. That protects you as much as the lender. See how notaries check capacity and duress.
Some foreign lenders also want a certificate that the guarantor received independent legal advice. That comes from a lawyer who advises you, not from the notary witnessing your signature. The two roles are separate. Before signing any guarantee, especially one secured over your home, see a solicitor.
If a company is the borrower, lender or guarantor, the notary usually needs evidence that the people signing can bind it. That means company records, such as a current ASIC extract, and often a board resolution approving the transaction. Each signatory brings original photo identification.
Some foreign lenders also want the notary to certify the company's existence and the signatories' authority in the certificate itself. Tell the notary in advance, because that needs more evidence than witnessing a signature. See our pages on notarising for a company and notarising a board resolution.
An intercompany loan to an overseas subsidiary may also need registering or reporting in the subsidiary's country. That is a question for advisers there. See documents for a foreign subsidiary.
After signing, keep a complete copy. The agreement may later have to be produced to a foreign court, registry or tax authority. A notary can certify a copy, but only after sighting the signed original.
If the original went to the lender, you have two options. Ask the lender for a certified copy from its records. Or ask the notary, at the signing appointment, to make a notarised copy before the original leaves. The second is cheaper than trying to recover an original from overseas. See originals and copies.
Only DFAT issues apostilles in Australia. A notary cannot.
Some countries require security documents, such as mortgages over their land, to be signed before their own notary or at their consulate. An Australian notary's certificate may not be accepted for that. Ask the lender or its lawyer before booking, because a document signed the wrong way may have to be signed again. See apostille and authentication.
The lender does, or the foreign registry or court if the document is going there. It is the receiving authority. Australian law does not decide whether a Portuguese bank accepts an Australian notary's certificate, or whether a mortgage over land in Greece can be signed in Melbourne. That is why two lenders in the same country can give different instructions.
Some lenders now offer remote signing by video, or an electronic signature platform. Whether that replaces a notary is also the lender's decision. If it offers one, ask in writing whether the result is acceptable for the security it is taking. A remote act that the lender's land registry later refuses has to be redone.
| Document | Usually signed | Notary? |
|---|---|---|
| Australian home loan | Through the lender and conveyancer | No |
| Foreign lender's loan agreement | Before a notary here, then DFAT | Usually yes |
| Guarantee for family abroad | Before a notary, after legal advice | Usually yes |
| Mortgage over foreign land | As that country's law requires | Sometimes; ask first |
| Company loan across borders | Before a notary, with authority evidence | Usually yes |
| Copy for a foreign court | Certified from the signed original | Yes |
Notarial fees are not set by statute, and they vary between practitioners. The main drivers are the number of signatories and documents, the length of the agreement, and whether a company's authority must be certified. Every page initialled takes longer than a single signature. DFAT and embassy fees are separate and charged per document. Ask for a quote once you have the lender's instructions.
For a document going overseas, generally not. A JP is a volunteer witness for Australian purposes. A JP's signature is not recognised abroad, and DFAT cannot apostille a JP-witnessed document. If the lender is overseas, plan on a notary unless it says otherwise in writing.
A man in Sydney guarantees his daughter's apartment loan in Lisbon. The Portuguese bank sends a bilingual guarantee. He sees a solicitor first, who explains that he is liable for the whole loan. At the notary's appointment the notary speaks with him alone, confirms he understands, and witnesses his signature. DFAT apostilles the certificate, and he couriers the original to the bank.
A domestic loan rarely needs a notary. A foreign lender, guarantee or company loan usually does, followed by DFAT. Bring the agreement unsigned. The notary checks identity and free will and witnesses the signature; a lawyer reviews the terms. Ask whether land security abroad must be signed there. See document notarisation.
Signing a loan or guarantee for an overseas lender? Send us the lender's instructions, and we will explain each step before you book.
Usually not. The notary witnesses the signature being made. If you have already signed, the options depend on what the lender will accept.
No. It proves who signed and when. Enforceability depends on the agreement and the law that governs it, which is a question for a lawyer.
Generally not. A JP is not recognised abroad, and DFAT cannot apostille a JP-witnessed document.
Not for a domestic loan, where the lender usually identifies you itself. Ask the bank why, and whether a different form of witnessing will do.
Guarantees are often signed under family pressure, and a guarantor can be liable for the whole debt. The notary must be satisfied you are signing freely and understand it.
No. That comes from a lawyer who advises you. The notary witnessing your signature has a separate role.
Sometimes, but some countries require it to be signed before their own notary or at their consulate. Ask the lender or its lawyer before you book.
Usually a current ASIC extract, evidence of authority such as a board resolution, and original photo identification for each signatory.
Only if you understand it. Ask for a translation or a bilingual version, because the notary may decline if you do not understand what you are signing.
A notary can certify a copy only after sighting the signed original. If the original is going overseas, ask for a notarised copy at the signing appointment.