How to Notarise a Loan Agreement in Australia
Table of contents

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.

Key takeaways

  • For a domestic loan with an Australian lender, ask why a notary was requested. It rarely needs one.
  • A foreign lender cannot watch you sign or check your Australian identification. A notary's certificate, usually with a DFAT apostille, solves both.
  • Bring the agreement unsigned. The notary must see you sign.
  • The notary does not review the terms or make the loan enforceable. A lawyer in the lender's country does that.
  • For a guarantee, expect the notary to ask whether you understand your liability and are signing freely. Get independent legal advice first.

When is a notary actually needed for a loan?

The common situations are:

  • Borrowing from a foreign lender, most often a mortgage over property you own or are buying in another country while living in Australia.
  • Guaranteeing someone else's loan abroad, typically for a parent, sibling or adult child whose foreign bank wants a guarantor.
  • A family loan across borders, where one side wants the signatures formally witnessed.
  • A company loan across borders, such as between an Australian parent and an overseas subsidiary.
  • Enforcing a loan overseas, where a foreign court or lawyer needs a certified copy of the signed agreement.

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.

Does your loan need a notary?If both parties and the lender are in Australia, a notary is rarely needed and the lender identifies you itself. If a lender, borrower, guarantor or court is overseas, a notary usually witnesses the signature and DFAT then adds an apostille or authentication.Does your loan need a notary?Is any party overseas?No, all in AustraliaRarely needs a notaryThe lender identifies youAsk why one was requestedYes, a party is abroadA notary witnessesyour signature, then DFATadds an apostilleThe foreign lender's instructions decide the form; ask before you book
The border, not the loan, is what brings in a notary.

How is a loan agreement notarised?

  1. Get the final agreement and the lender's execution instructions in writing.
  2. Read it, and get advice from a lawyer, ideally one in the lender's country.
  3. Get a translation if any part is in a language you do not read.
  4. Bring it unsigned, every page, with original photo identification. A passport is safest.
  5. Sign before the notary, initialling pages if the lender asks.
  6. Send it to DFAT for an apostille or authentication, then to the lender.

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.

What if the agreement is in another language?

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 foreign loan document, from form to lenderStep one, the lender's form and instructions. Step two, legal advice and a translation if needed. Step three, sign before a notary with original identification. Step four, DFAT apostille or authentication, then send the original to the lender.A foreign loan document, from form to lender1Lender's formFinal version andits signinginstructions2AdviceA lawyer, and atranslation ifyou need one3NotarySign in frontof the notarywith original ID4DFAT, then lenderApostille, orauthenticationplus embassySome countries want land security signed before their own notary or consul
Ask the lender about step four before you do step three.

Why does the notary ask so many questions about a guarantee?

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.

The notary's role and the lawyer's roleLeft card, the notary: checks identity, checks understanding and free will, witnesses the signature, and attaches a certificate. Right card, the lawyer: reviews the terms, explains your liability, advises on enforceability, and may certify independent advice.The notary's role and the lawyer's roleThe notaryChecks your identityChecks you understandWitnesses your signatureAttaches a certificateThe lawyerReviews the termsExplains your liabilityAdvises on enforceabilityMay certify advice given
A guarantee usually needs both, and they are different people.

What does a company need to sign a loan?

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.

What if you need a certified copy later?

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.

Does it then need an apostille or legalisation?

Only DFAT issues apostilles in Australia. A notary cannot.

  • If the lender's country is a party to the Hague Apostille Convention, DFAT apostilles the notarial certificate. Membership changes, so check the HCCH status table on the day.
  • If it is not, DFAT authenticates the document. It then goes to that country's embassy or consulate in Australia for legalisation.

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.

Who decides what the lender accepts?

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.

Before you sign for a foreign lenderFive items: the lender's execution instructions in writing; legal advice, especially for a guarantee; a translation or bilingual version if needed; original photo identification for each signatory; and company authority evidence if a company signs.Before you sign for a foreign lenderThe lender's signing instructions, in writingLegal advice, especially before any guaranteeA translation or bilingual version, if neededOriginal photo identification for each signatoryASIC extract and resolution, if a company signs
Ask whether land security must be signed abroad before you book here.

Which loan documents need what?

DocumentUsually signedNotary?
Australian home loanThrough the lender and conveyancerNo
Foreign lender's loan agreementBefore a notary here, then DFATUsually yes
Guarantee for family abroadBefore a notary, after legal adviceUsually yes
Mortgage over foreign landAs that country's law requiresSometimes; ask first
Company loan across bordersBefore a notary, with authority evidenceUsually yes
Copy for a foreign courtCertified from the signed originalYes

What drives the cost?

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.

Can a Justice of the Peace witness it?

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.

Here is an illustration, not a real case

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.

In short

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.

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Signing a loan or guarantee for an overseas lender? Send us the lender's instructions, and we will explain each step before you book.

Frequently asked questions

Can I sign first and bring it to the notary later?

Usually not. The notary witnesses the signature being made. If you have already signed, the options depend on what the lender will accept.

Does notarising make the loan enforceable?

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.

Can a Justice of the Peace witness a loan agreement for overseas?

Generally not. A JP is not recognised abroad, and DFAT cannot apostille a JP-witnessed document.

My Australian bank asked for a notary. Is that normal?

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.

Why did the notary want to speak with me alone about a guarantee?

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.

Can the notary give me the independent legal advice certificate?

No. That comes from a lawyer who advises you. The notary witnessing your signature has a separate role.

Does a mortgage over overseas land get signed in Australia?

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.

What does a company need to sign a loan before a notary?

Usually a current ASIC extract, evidence of authority such as a board resolution, and original photo identification for each signatory.

The agreement is in Portuguese. Can I still sign it?

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.

How do I get a certified copy of the loan later?

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.