How do you write a declaration?

You've been asked to write a declaration but don't know how? Read on.

If you need to sign a declaration for India, it's always best for you to have your declaration prepared by your lawyer in India. This means that your declaration should be written properly according to the law and that it will be valid and accepted by whoever requires your declaration in India.

Sometimes, if your declaration is needed for some other legal purpose then your declaration may need to be some sort of statutory declaration to comply with and to satisfy specific legal requirements. Again, your lawyer in India would be the best person to advise you on the specific legal requirements and they should also prepare the declaration for you.

If you need to sign a declaration for VFS, you may find copies of the relevant forms or templates for the declarations that VFS use. Generally, the declarations for VFS are part of various applications and other documents that must be submitted to VFS. You should be able to obtain copies of the forms, templates or declarations from their website or by calling them directly.

If you're unable to determine what are the specific requirements for your declaration and you want to write your own declaration, here are a couple of tips and suggestions to consider. These tips and suggestions are for your information only and may not be relevant to your specific situation or requirements. You should always obtain advice from your lawyer in India if you need to send a declaration to India.

Tips and suggestions on what to include in your declaration

• Properly identify yourself. Since you are writing a declaration, you must clearly show who you are and you can do this by stating your full name according to your photograph identification document. Normally, this should be your passport but sometimes (depending on the purpose of your declaration) it could also be your PAN card, your Aadhar card or your visa/OCI. Other ways to identify yourself in addition to your full name can include stating your residential address, your relationship (ie, son of, daughter of or wife of) and maybe the identification number of the primary photograph identification that you intend to rely on.
• Clearly state the contents of your declaration in point form. The main purpose of the declaration is to communicate certain facts which you declare to be true. This means your declaration should be clear enough so that whoever has to read it and rely on it can also fully understand it (and what you're trying to say). Listing the contents of your declaration in point form is an easy way to separate different facts from each other to avoid confusion. Sometimes point form can be easier to read and understand than paragraphs of text. You may also want to list your point form in some sort of chronological/time order.
• Refer to the relevant statute or legislation if your document is a statutory declaration. You may need to discuss this with your lawyer in India, especially if you are expected to sign a statutory declaration (ie, that your document is valid in accordance with a specific law). Again, if you're not sure about what you should be writing here, then you should probably engage a lawyer to write it for you to avoid any problems. Declarations used in Australia generally follow the relevant state or Commonwealth legislation relating to oaths and other declarations. If you are using your declaration in India, you would have to check with your lawyer as to what kind of legislation is applicable and use the appropriate forms or templates relating to that legislation.
• Declare! Finally, a declaration must also be declared - sworn or affirmed - in front of a prescribed witness. This means if you're signing the declaration you're also declaring that the contents of your declaration are true and correct. If the contents aren't true (or you're not sure that they're true) then making a declaration or a false declaration can have other serious legal consequences. Accordingly, the declaration and signing in front of a prescribed witness are important. If you're sending the declaration to India (or sometimes to VFS) but you're signing your declaration in Australia, then the prescribed witness will generally need to be a public notary.

Other questions

• What does it mean by 'attested'? Attested simply means 'certified' which has no real meaning without context. It could mean that your document has been witnessed or that it has been certified in some way - what is required depends on your document and the intended use. Generally, attesting a declaration will mean having your declaration witnessed by a prescribed witness.
• Who is a 'prescibed witness'? Generally, a 'prescribed witness' refers to someone who is qualified to attest your document (ie, they can certify copies or they can witness signatures). In Australia, the list of prescribed witnesses will depend on whether you need to use the document for a state purpose or a Federal/Commonwealth purpose. In most cases, a justice of the peace, a lawyer or a public notary will be a prescribed witness.
• Can I sign my declaration in front of a Justice of the Peace? A justice of the peace is authorised to take oaths and witness signature for statutory declaration in New South Wales and in Australia. A justice of the peace is a prescribed witness for both the state statutory declaration and the Commonwealth statutory declaration. There are more categories of occupations that qualify as prescribed witnesses with the Commonwealth statutory declaration than with a state statutory declaration. However, if you're using your declaration overseas, a justice of the peace might not be acceptable and only a public notary will satisfy the requirements. Recently, some documents lodged with VFS have changed their requirements for NSW residents. What could be signed in front of a justice of the peace before will no longer be accepted and those documents will now need to be signed in front of a public notary. You may find that if the declaration is intended for India, some justice of the peace will not assist you but rather refer you to a public notary.
• If I can't find a Justice of the Peace, can I use a public notary? Yes, of course you can. If you can't find a Justice of the Peace to witness your declaration or certify your documents, you can have your declaration witnessed by a notary public or your documents certified by a notary public. However, you should remember that in most cases the services of a Justice of the Peace is free, but the notary public service will attract a fee.
• Does my declaration need to be notarised? Depending on where you will be using your declaration and depending on who requires the declaration, you may need to have your declaration witnessed and notarised by a notary public. A notary public is a prescribed witness for both the state statutory declaration and the commonwealth statutory declaration.
• What's the difference between an affidavit and a declaration? Both affidavits and declarations are sworn documents. Generally, affidavits are associated with court cases and the affidavits are used as a way to give evidence while declarations by nature are more general in purpose. Sometimes the name of the document is not as important as the contents.
• Do I need to print the declaration on any kind of special paper? Generally, no. If you're printing the declaration in Australia, you'll probably find that white A4 paper is the most readily available paper and that anything else could be hard to find. If you need to have the declaration printed on stamp or bonded paper, or green legal/foolscap paper, then you should probably consult your lawyer in India to prepare the declaration for you and send it to you.
• Do I need to have other witnesses or more than one witness? Generally, no. You should probably check with your lawyer in India though because some requirements may vary. In most cases, swearing and signing the declaration in front of the public notary or some other prescribed witness should be sufficient or otherwise satisfy the legal requirements in Australia and in India.
• Do I need to have my document stamped by the Indian High Commission? This really depends on who you're dealing with in India. It's quite common that lawyers in India will ask clients in Australia to have their documents 'notarised or attested by the Indian High Commission' without actually understanding the international law (both treaties and conventions) that enable documents to be valid, recognised and acceptable legally between Australia and India. Ultimately, you need to follow what your lawyer in India advises you and there are various VFS checklists that will help you through whatever process is necessary to have your document stamped by VFS.
• Do I need to print the declaration on any kind of special paper? Generally, no. If you're printing the declaration in Australia, you'll probably find that white A4 paper is the most readily available paper and that anything else could be hard to find. If you need to have the declaration printed on stamp or bonded paper, or green legal/foolscap paper, then you should probably consult your lawyer in India to prepare the declaration for you and send it to you.
• Do I need an apostille? You may need to check with your lawyer in India. Technically, documents signed in Australia to be used in India should be stamped with an apostille. Both Australia and India are signatories to the Apostille Convention and so both countries will recognise documents that have been stamped with an apostille as this is the most formal approach to mutual recognition of legal documents. Before your declaration can be stamped with an apostille, it will need to be notarised by a public notary first. Also, depending on what process you are following, if you need to have your document stamped by VFS, some of their requirements also include having your document notarised and/or stamped with an apostille as well. Just be aware that not all lawyers in India are familiar with the formal legal requirements of international treaties and conventions (like the Apostille Convention) and many clients are asked to just have their documents stamped by 'the Indian High Commission', which is basically VFS. If you have your document stamped with an apostille and you still want to have it stamped by VFS as well, VFS will ask you to sign a disclaimer to confirm that you are aware that VFS is not required once your document has been stamped with an apostille.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Department of Immigration and Border Protection - Form 1229 - Consent to grant an Australian visa to a child under the age of 18 years

Do you need to complete Form 1229?

For all of our clients who contact us about signing the consent to grant an Australian visa to a child under the age of 18 years, this form requires endorsement by parents but it does NOT require notarisation - or at least not by the Australian Government or by the Department of Immigration and Border Protection.

Form 1229 is a standard government form that only requires the parents of the child to sign. It doesn't have (nor does it appear to have) any place for a witness to sign the form or for the form to be notarised by a notary public.

So why do I still need to have Form 1229 it notarised?

This requirement is a requirement imposed on you by your immigration agent/consultant or by your employer if you're on some sort of work or sponsored visa. If you are concerned about their request and want to know why they require notarisation, you should ask them to explain so that you understand what's required and why it's required.

Just be prepared to budget or allow for the time and cost of having your form notarised.

How can we help you?

Our approach (see the reviews on our Google page) focus on fast and efficient services to minimise the time and inconvenience of notarising your document. Our low fixed fee services also mean it's relatively inexpensive so that there are savings all round.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Do you really need an apostille for VFS?

I have been asked to get my documents stamped with an apostille and then attested by VFS. Why?

Good question.

The reality is that when people don't know things - they guess. Sometimes it's an educated guess, and sometimes it's just a guess based on what they think is the right thing to do. If your lawyer in India is unfamiliar with the international conventions, such as the Apostille Convention, then it's possible that when they ask you to get your documents signed in Australia, they'll also want you to have your documents stamped with an apostille AND stamped by the Indian Consulate. But are both required?

You could say that a safe rule of thumb is that you can't have too many stamps. The more stamps you have, the more official your document will look, and the more likely someone looking at it will accept that it's sufficient for their purposes. This is practical advice, but it isn't great legal advice because there are actually international laws and conventions that govern how documents can be signed internationally and accepted in other countries.

In the case of documents signed in Australia but used in India, the Apostille Convention will allow documents to have been signed and notarised in Australia as well as stamped with an apostille from the Department of Foreign Affairs and Trade to be accepted in India without any further stamps from other officials or authorities (ie, like VFS or the Indian Consulate). That's it.

If your lawyer in India has asked you to have your document also stamped by the Indian Consulate, then the chances are that they're not familiar with what's required by international law and convention or the people/offices that he's dealing with aren't familiar. For them, the safe bet is to have a stamp from the Indian Consulate. The downside for you is that it just means the process becomes more expensive and takes more time.

After you have your document stamped with an apostille, VFS (on behalf of the Indian Consulate) will ask you to sign a disclaimer/undertaking confirming that you're aware that you're not required by international law and conventions to have your document stamped by the Indian Consulate once it's been stamped with an apostille.

Every time we notarise documents for India, we recommend our clients to scan their document for their lawyer in India to check whether it would be sufficient. Do NOT ask whether an apostille is required and do NOT ask whether attestation by VFS/Indian Consulate is required - otherwise, they may just say 'yes' without really knowing why or committing you to a course of action that's going to incur more cost and take more time.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

What's the fastest and cheapest way to have my utility bill notarised?

Why do you need to notarise your utility bill?

Recent changes at VFS now means that if you live in New South Wales and you need to prove your address (or change of address), you need to provide VFS with a notarised copy of your utility bill. Previously, these documents could be certified by a justice of the peace, but not anymore. Involving a notary public in this process potentially means a higher level of formality to verify the documents being notarised to confirm their authenticity - ensuring that the process and the checks required by VFS are taken to a higher standard.

What's the problem with notarising utility bills?

Notary public services generally deal with original documents and this presents a bit of a challenge when many documents (especially utility bills) are only being produced and sent as electronic documents by email or by download. The process of notarising electronic documents still means printing the electronic document as a paper document for it to be notarised.

What do we offer to help you satisfy this process?

Notarising your utility bill can be quick and easy, but it depends on what you're prepared to do and what you're able to do (and how your utility provider can assist you in this process). Currently, our notary public service offering is tailored towards the following arrangement as being the fastest and cheapest method that more and more of our clients are electing to follow.

Fastest and cheapest - arrange for your utility provider to email a copy of the utility bill to us directly. When the email comes to us directly from the utilty provider, we'll print the attach statement and provide a notary certificate confirming that we received the documents directly from the utility provider. Provide your utility provider with this email and call us to make an appointment.

If you can't arrange for your utility provider to email us directly, you can either print your utility bill or email it to us and we'll verify the information with the utility provider. Due to the steps in this process, it potentially takes longer and will cost more than the first method.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Applying for OCI on behalf of your children

Signing for minor children

If you're applying for an OCI for your children (under 18 years old), you must sign an affidavit in support of the application. If you live in New South Wales, the affidavit must be witnessed and notarised by a notary public. The affidavit must accompany your other application documents and be lodged with VFS for processing. 

You can download a copy of the affidavit format as proposed by VFS.

https://www.vfsglobal.com/india/Australia/oci_pio_service/pdf/Affidavit-for-OCI-reissuance-minor-children.pdf

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Notarising change of Indian address... in Australia?

If you need to change your address record with VFS, you must provide evidence of your new address. Some people use utility bills, others have their drivers licence. For documents that refer to an Australian address, those documents can/should be notarised in Australia.

But what about changes to Indian addresses?

To prove your new Indian address, presumably, you'll be providing copies of your Indian utility bills or your Indian drivers licence. Even though VFS asks for these Indian documents to be verified and notarised in Australia, they can't be - or at least they shouldn't be notarised in Australia.

It's interesting that VFS has taken this position with various documents that originate from India. Normally, if you needed to verify or attest a document issued by an Indian government or authority, it would need to be done in India or at least by the Indian Consulate (ie, through VFS). The same applies to any other document issued by any other foreign government.

For some reason (unknown to us or to others we've spoken to), VFS direct that Indian documents can be notarised in Australia, yet if you have a document (such as a birth certificate or marriage certificate) issued by any other country other than India or Australia, then that document must be attested by the relevant foreign office of the country where it was issued.

Essentially, this same rule should also apply to Indian documents since they cannot be attested in Australia aside from being attested by VFS/Indian Consulate and they certainly shouldn't be attested by a notary public in Australia. The fact that if you live in New South Wales, VFS now requires all documents to be attested by a notary public, makes things both confusing and potentially not possible.

New pricing packages for attestation

Cheaper pricing packages for a limited time only

We've seen how the changes at VFS have caused a lot of problems for our clients and we're here to help. From 1 September, VFS has changed its requirements for documents attestation, especially for NSW residents. Previously, you could have your documents attested by a justice of the peace but that's now your documents must be attested by a notary public.

As a leading provider of notary public services, we've been helping the Indian community around Sydney with notarising their documents for use overseas as well as for submission to VFS. Now that more and more documents must be notarised or attested by a notary public before they can be sent to VFS, we appreciate that the cost of what used to be a free (JP) service is now more expensive. Accordingly, starting from 1 October we're going to be launching a number of 'discounted' packages to lower the cost of notarising documents. Stay tuned.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Did you change your address? Maybe you need to prove it to VFS... with your utility bill?

Notarising a copy of your utility bill

Have you been asked to have your utility bills notarised? In recent weeks, more and more clients have asked about having their utility bills notarised and this presents a problem because utility bills are normally non-government providers and these days they're issued electronically.

If you live in New South Wales and need to show to VFS that you have changed your address, one of the requirements that VFS imposes on you is to prove your new address by submitting a notarised copy of your utility bill. In order to notarise your utility bill, we must first verify the information as well as the authenticity of the bill with your provider. This service offering is a little different from simply certifying a copy of a document that has been issued by a government department (ie, a public document) like a passport or driver's licence or photocard.

Still looking for assistance with this requirement?

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Some issues with the new VFS requirements...

Did you know that VFS recently changed its requirements?

Changes with VFS happen from time to time and (unfortunately) without notice catching many people by surprise. This sometimes means you could have a pending application, which is now invalid due to the changes. You're not alone.

Having been in this industry for nearly two decades, we've seen many changes come and go. Some changes make sense and are reflective of various changes in processes, policy, or regulation. On the other hand, some changes make no sense at all and leave us scratching our heads.

Sadly (and strangely), the recent changes have singled out people living in New South Wales to be subject to different requirements from the rest of Australia. Not sure why that's the case. But regardless of the reason, that's the situation that we and everyone else must deal with.

If you live in New South Wales and you are submitting documents to VFS, some of those documents must be attested by a notary public (even if the checklist or the document itself states that it can be attested by a justice of the peace). If you live in other states, then a justice of the peace will be accepted, but in NSW it can only be attested by a notary public.

This presents us with an unusual problem because there are some documents that you might have to submit to VFS which cannot be notarised in Australia. Here are some examples of documents that you might need to have attested in Australia and whether they can actually be notarised or not.

"I need to attest or notarise my Indian marriage certificate"

Sorry, if your document originated from an Indian government office, it isn't an Australian public document or an internationally recognised document and so it can't be notarised in Australia. Documents issued from India should be notarised by a public notary in India - not in Australia. If there's no connection to Australia, then we don't have the authority to attest, certify or notarise it (ie, state that it's a true copy of a specific document) especially if we have no way to verify, identify or confirm that the original is in fact genuine. Some notaries may tell you that they are just certifying that it's the copy of an original document, but the problem always exists that if they can't verify the original, then how do they certify it? We don't accept that this is the correct approach and so we're unable to assist with that kind of notarisation.

"I need to attest or notarise my child's Indian passport"

Yes, we can notarise the Indian passport. Even though it has been issued by the Indian government because the Indian passport (like all other passports) are international documents and should be recognised and accepted in Australia. 

"I need to attest or notarise my passport, front and back page, and my visa page"

What do you mean by 'visa page'? Australia no longer issues physical labels or stamps in passports for visas. The stamps that may appear in your passport generally relate to entry and exit stamps, but they're not visas - and not every country continues to physically stamp passports anyway. For Australia, your visa is now recorded electronically through VEVO, also known as Visa Entitlement Verification Online. We are able to notarise the VEVO as it's issued by the Australian government.

"I need to attest or notarise my Aadhaar card", "I need to attest or notarise my PAN card", I need to attest or notarise my OCI card"

All these cards are issued by the Indian government. They are not internationally accepted or recognised documents (ie, they are only for use in India) and therefore have no connection or relevance to Australia. Accordingly, these documents should normally be notarised by a public notary in India - not in Australia. DESPITE THIS, we have been providing clients with a solution to notarise their passport, with a copy of their various Aadhaar card/PAN card or OCI card with a declaration that 'they are the one and the same person'. So while this strictly is not notarising a copy of the various cards, it's notarising a statement or declaration that you are the same person who appear in those cards, that kind of attestation or notarisation has been accepted previously. We're still are not providing certification that those cards or the copy of those cards are true (which would otherwise be beyond our authority to do so). If you only want the Aadhaar card, PAN card or OCI card to be attested without your passport, then we're unable to assist for the same reasons as explained above.

Closing thoughts

We've already started to see the number of documents being rejected by VFS because they haven't been attested or notarised by a notary public. We want to take this opportunity to remind people that these changes exist with VFS, not our office. Taking out your frustrations on our office will not aid you in your endeavours, especially as we're here to help.

To assist the Indian community in Sydney, we've recently introduced revised pricing for our notary public services in an attempt to ease the burden imposed by these changes.

For more information or to obtain a quote, please contact us on 02 9687 8885.

IMPORTANT CHANGE: NSW Residents must notarise their documents for VFS

What's new?

Have you seen the latest change to the various checklists on the VFS website?

https://www.vfsglobal.com/india/australia/consular_miscellaneous/pdf/document-attestation-checklist-latest.pdf

Previously, when you submitted your documents to VFS, you had to have your documents certified or attested by a justice of the peace... but that's all changed.

NSW residents kindly submit documents attested by a Notary Public only, list of NSW notaries available at: https://notarynsw.org.au/find-a-notary

This change only affects NSW residents, not residents in other states - is that a little unfair?

What does this mean?

The most important difference between using a justice of the peace and a notary public is the cost. A justice of the peace is a community service and available for free or without charge. A notary public is generally a senior lawyer and entitled to charge a fee for their service.

Fees charged by a notary public can vary even though there are recommended fees published by the government. Fortunately, after calling around and comparing prices, many of our clients acknowledge that our fees are lower than most other notaries and lower than the recommended fees. We also offer fixed fees, which we attempt to quote upfront so that it helps our clients budget without any surprises.

Availability of a notary public can also vary depending on where you are and when you need to engage them. For the most part, we make our services readily available during normal office hours with appointments available on short notice. Making an appointment is an easy process - just call.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

VFS Requirements (for IDLV) - We don't make the rules, we just provide the service

We don't make the rules

Many people have asked us about (complained to us about) VFS requirements for their various Indian consular services, including having documents notarised or stamped with an apostille.

Sorry, we don't make the rules. If you have any issues, concerns or complaints about the different requirements that VFS impose on their various Indian consular services, you really need to contact VFS - they make the rules, their own rules.

The bottom line is, if you want VFS to do something for you, then you need to follow their rules and satisfy their requirements. That's it - it's quite simple.

The VFS requirements are contained in their various checklists. If you need to attest a special power of attorney or general power of attorney, there's a specific checklist for that. If you need Indian Drivers Licence Verification, there's a specific checklist for that. If you need to issue a passport or you have damaged your passport and need a replacement, there are specific forms and checklists for them too.

No matter what you require from VFS in the form of Indian consular services, there's a corresponding checklist stating the requirements that you must satisfy in order to receive those services. 

IF the checklist says you need to have your documents attested by a notary public, then that's what we do. IF the checklist says you need to have your documents stamped with an apostille from the Department of Foreign Affairs and Trade, then that's something we can arrange for you as well.

But if you're not happy with the VFS requirements for whatever Indian consular services you require, there's nothing that we can do about it. We don't make the rules.

We just provide the service

As much as we can't change the system or re-write the rules to suit your preferences, we understand your predicament and try to help you where we can - especially when it comes to notarising documents or arranging for the apostille. Instead of complaining about the requirements, maybe the more constructive approach would be to find out what's required and then trying to satisfy those requirements. If you need help, then call us.

We provide notary public services. In most cases, this means we can witness you sign documents or we can certify copies of documents for submission to VFS. If you also need an apostille from the Department of Foreign Affairs and Trade, which is required by some consular services, then we can arrange all of that for you as well.

If you're frustrated about the process, we understand - but while we can't change the process, we can look after it for you so that you don't have to be bothered by it. That's the service that we provide.

Indian Drivers Licence Verification

For example, if you've been reading through our blog or read other articles that we've posted over the years, you'll see that we're very familiar with the process known as the Indian Drivers Licence Verification, especially when your name on your Indian Drivers Licence is different to the name that appears on your Indian Passport. In those cases, the IDLV Checklist offers you two options to verify your name/identity and one of those options is to have a notary public confirm that you are the one and the same person and to have that document stamped with an apostille. How VFS interprets that requirement has changed since we started assisting clients with satisfying the requirements in the checklist - and we've also had to change our service offering (not our pricing). To help you satisfy this requirement not only do we provide you with a notary certificate that verifies that you are the one and the same person, but we also prepare an affidavit which you would need to sign at the same time and we provide certified copies of your respective identification documents. Even if you want to try to argue that the requirements set out in the IDLV Checklist don't require all of these documents, it's better to be safe than sorry. It doesn't cost extra to include the additional documents and so we include them to avoid any reason that VFS would or could reject your application because of something that we have or haven't done in terms of the notary public service.

Sounds simple? It is when you take a step back and try to work within the system rather than against it.

So what about the apostille? Do you really need it? Yes and yes. The IDLV Checklist is very clear that you need to have your documents stamped with an apostille. The apostille is only available from the Department of Foreign Affairs and Trade. The apostille is confirmation that your documents have been properly notarised by a notary public. That's it.

It doesn't matter how much you want to complain about or resist the requirement (or the cost, time and hassle) of obtaining an apostille, it's a requirement and if you don't satisfy this requirement then VFS will reject your application.

We try to make this process as simple as possible for you and will look after the apostille process for you. We arrange to have your documents stamped with an apostille from the Department of Foreign Affairs and Trade and returned to our office for you to collect. If you don't want this service or you don't want to pay for this service, you can always make your own arrangements. It's actually very simple. But if you want our help, that's why we're here - to help. We can look after that whole process for you from the notary certificate, the notarised affidavit, certified copies of your identification documents, and the apostille.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Has the Indian Drivers Licence Verification changed?

As many of you may have found out, VFS has changed a few of their forms as of 31 August 2020 and these changes impose a greater obligation (and cost) on people attempting to do various things like apply for or renew passports and other consular services. Despite this, the Indian Drivers Licence Checklist (IDLV Checklist) is still the same as it has been since 30 April 2020.

If your name on your Indian Drivers Licence and your Indian Passport are different, in order to obtain the Indian Drivers Licence Verification you must satisfy the IDLV Checklist requirements under the following options:

Option 1:

Have a Public Notary in Australia confirms that both names [name on License and on the Passport] clearly stated in full on the affidavit belong to one and the same person.

• This document must then be apostilled by the Department of Foreign Affairs and Trade Office [DFAT] in Australia.
• Once the apostille stamp is completed, the India Driver License Verification Application form may be submitted at an Indian passport and visa services centre along with a copy of this apostilled document.
• The License Verification Certificate will only be issued in the name as it appears on the License.

Option 2:

Have an affidavit made from the court in India, confirming that both names [Name on License and on the Passport] clearly stated in full on the affidavit belong to one and the same person.

• Have this notarised in India.
• Notarised affidavit can be signed ONLY by the applicant or father / mother of applicant. In case affidavit is signed by Father / Mother of applicant, a copy of passport / Pan Card of signatory needs to be provided.
• The Original Affidavit must then be attested by the Consulate/ High Commission. This service is to be done first as a miscellaneous service at Indian Passport and Visa Services Centre. (http://www.vfsglobal.com/india/australia/attestation_of_documents.html)
• Once the affidavit attestation is completed, the Indian Driver’s License verification application form may be submitted at an Indian Passport and Visa Services Centre along with a copy of this affidavit.
• The License Verification Certificate will only be issued in the name as it appears on the License.

How are we doing things different now?

Despite the IDLV checklist being unchanged, it appears that VFS has taken a new approach to reviewing all documents and applications - including the applications for the Indian Driver Licence Verification. Accordingly, we have added an extra 'affidavit' to our existing notary certificate package with certified copies of the Indian Passport and Indian Driver Licence.

What can we do for you?

As a leading provider of notary public services in Sydney, we've assisted many people within the Indian community with converting their Indian Drivers Licence to a NSW Drivers Licence through the IDLV process. We do this by providing a notary certificate confirming that they are the one and the same person in both their licence and their passport despite the name difference. Our notary certificate satisfies OPTION 1 of the IDLV Checklist.

While OPTION 2 requires a 'notarised affidavit signed by the applicant', OPTION 1 requires 'confirmation by the public notary' and the notary certificate that we provide would not be signed by the applicant (ie, it's not a self-declaration or a self-certification by the applicant, rather than confirmation by us that the applicant is the one and the same person).

Our notary certificate can also be stamped with an apostille by the Department of Foreign Affairs and Trade (DFAT) which is also a requirement for OPTION 1 of the IDLV Checklist. A 'notarised affidavit', presumably done in India, in accordance with OPTION 2 cannot be stamped with an apostille by DFAT.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Applying for a new or replacement Indian Passport?

Have you checked the VFS website for the most up to date checklists? Be aware that the checklists and the requirements have changed.

As many of you may have found out, VFS has changed a few of their forms as of 31 August 2020 and these changes impose a greater obligation (and cost) on people attempting to do various things like apply for or renew passports and other consular services.

Unfortunately, some of our clients have 'found out the hard way' that VFS has changed its requirements after having their documents returned to them with instructions that they also need to have copies of other supporting documents notarised. In the past, they may have had their supporting documents certified or attested by a justice of the peace, but now with the recent changes all of those documents must be notarised by a notary public - especially if they are residents in New South Wales

If you are submitting your application to VFS without documents having been properly certified or attested by a notary public, your application will also be rejected.

On a side note, the other complication with the changes recently introduced by VFS is that they sometimes require documents (such as Indian birth certificates) which cannot be notarised in Australia. In Australia, a notary public can attest and notarised copies of Australian public documents (ie, original documents issued by Australian government departments). Attesting Australian documents for use overseas is probably one of the main functions of the notary public in Australia, but this function does not extend to attesting Indian public documents. Indian public documents, like the Indian birth certificate, cannot be attested by an Australian notary public. They can only be attested by an Indian notary public.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Have you experienced anything different with VFS recently?

Feedback wanted

As a leading provider of notary public services, we assist many people within the Indian community with notarising documents for use overseas - mainly India. Naturally, this work often involves and overlaps with VFS and so when our clients have issues with VFS, we know about it.

Recently, we've received a number of queries from clients about their dealings with VFS and some of it has been confusing and concerning. In particular, we've been told that:

• Clients must have their Indian birth certificates or marriage certificates notarised in Australia. The public notary in Australia should not be notarising foreign public documents, like these personal certificates. Foreign public documents should be notarised in the country where those documents were issued - not Australia.
• Clients must sign notary certificates issued by a public notary in Australia. The notary certificate is a document that is issued by the public notary and signed by the public notary. It isn't a document that would normally be signed by clients (ie, the certificate is given by the public notary, it's not a self-certification by the client).
• Clients must have their utility bills and other statements notarised by a public notary in Australia. The challenge with many bills and statements in Australia is that they are mostly issued electronically. While it's still possible to notarise these documents, the process is more involved which translates into cost - and of course that's not what many of our clients are happy to hear.

What's happened?

According to the VFS website, a number of checklists for different processes and applications changed on 31 August 2020. This means some things are now being done differently at VFS, especially for clients who live in New South Wales. Documents that could be previously signed by a justice of the peace or a public notary now have to be signed by a public notary only. Unfortunately, this means the process is going to be more expensive for clients because while having documents signed by a justice of the peace is free, having the same documents signed by a public notary isn't free.

Of course we remain committed to assisting our clients with their public notary requirements for documents intended for India or for submission to VFS, but these recent changes at VFS are likely to create confusion as well as raise more problems and incur additional costs than before.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

Attesting your passport for VFS

Have you noticed that the VFS checklists have been updated recently? If not, you'd better take a look and download the most recent checklists. The most significant change affects people living in New South Wales.

In the past, some supporting documents that had to be submitted to VFS could be attested by a justice of the peace. That requirement no longer exists in New South Wales. The checklists now clearly state "NSW residents kindly submit documents attested by a Notary Public only". So what does this mean?

Unfortunately, it means that submitting documents to VFS will become more expensive. Unlike the justice of the peace, which is a community service and free-of-charge, the notary public service is a paid service.

As a leading provider of notary public services in Sydney, we're committed to supporting the Indian community in Sydney even with the changes to the VFS requirements and continue to offer low cost fixed fee notary public services. Attesting your passport has never been quicker or easier as we generally are available on short notice to notarise and attest copies of your passport.

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.

How do I get a Power of Attorney for India?

The most common request that we receive is to notarise the power of attorney (both general power of attorney and special power of attorney) for India.

In this article, we attempt to answer some of the most commonly asked questions about the power of attorney for India.

What is a power of attorney?

A power of attorney is a legal document in which you authorise someone to act on your behalf. It's basically a legal letter of authority but prepared in a more formal manner. The person that you appoint is called your 'attorney' and when you authorise them to act on your behalf, generally this means you authorise them to make decisions and sign any documents for you. You may need to appoint an attorney in India if you cannot travel to India to do things yourself.

What is the power of attorney used for?

The power of attorney is generally to authorise someone to handle financial matters, property dealings, court cases or other legal matters on your behalf. For example, many of our clients use a power of attorney to:

• authorise someone to deal with banks for home loans;
• authorise someone to buy or sell property;
• authorise someone to operate bank accounts;
• authorise someone to buy or sell cars or motorbikes;
• authorise someone to trade in shares;
• authorise someone to access information or records

What kind of things can I authorise in my power of attorney?

It really depends on what you need to do. If you have some sort of personal, business or property dealing in India, then you'll need to have a power of attorney that properly and sufficiently authorises the person you appoint to be able to act on your behalf. If your power of attorney is not prepared properly or somehow limits what powers are granted, then the person you appoint may not be able to do what you want them to do. This would mean that everything else you've done in order to appoint them would be wasted. It's important to get it right to avoid unnecessary costs and delays.

Who prepares the power of attorney?

Different countries have different requirements or forms that must be followed in order for the authority to be valid or for the power of attorney to be accepted and so you need to check the requirements of the specific country (and sometimes the specific state).

Also, depending on where you intend to use the power of attorney, the recipient may also have different requirements. For example, a courthouse or a government office may have different expectations from a bank or private business, and if it's intended to be used to deal with your neighbour or an individual, they may have different requirements from private businesses or government departments and authorities.

If you're using the power of attorney in India, then the power of attorney should be prepared in India according to the law and the specific requirement of the power of attorney. Accordingly, we encourage our clients to consult their lawyer or whoever will be assisting them with whatever they need to do. Your lawyer in India can prepare the power of attorney on the form, in the format and with the contents that may be required for the power of attorney to be legally valid and accepted in India for whatever you're doing or intending to achieve.

Do you have any templates for the power of attorney?

Yes, there are some templates available - and some links from previous articles in this blog or on our website https://www.notary-parramatta.com.au/. However, you should always be careful when using a template document. A template is really only a starting position and it may not necessarily be relevant to what you specifically need. Considering that the powers granted by the general power of attorney or the special power of attorney has a significant legal effect,  you should always read the power of attorney carefully to fully understand everything that you're doing by signing it (especially when you are having it witnessed by a notary public).

Do I need special paper, legal paper, bonded paper or stamped paper for my power of attorney?

For legal documents used in India, such as the power of attorney, it's common for them to be prepared on stamped paper. Stamped paper is proof of prepaid duty. Generally, you must pay duty for the power of attorney and so preparing the power of attorney on stamped paper is common in India. However, there is no such thing as stamped paper available in Australia (especially stamped paper that's recognised in India). 

In fact, some of our clients have attached Australian postage stamps to their documents, but this doesn't make sense as this kind of stamp is not related to stamp duty (or duty) and it's an Australian stamp, not an Indian stamp and in no way represents any evidence of proof of duty paid in India for Indian purposes. It sounds silly doesn't it, but that's what some clients have done because they didn't obtain the right advice from the right person. Most likely they just listened to something that they heard from someone or read from the internet and followed it blindly, both wasting time and money in doing the wrong (absurd) thing without making any attempt to find out what's the right thing to do.

For most clients, their lawyer prepares the power of attorney in an electronic document and that document is emailed to them to print on normal A4 paper (which is the standard paper available in Australia). Duty is then only paid once the signed and notarised power of attorney lands in India.

Bottom line - ask your lawyer in India. If your lawyer believes it's easier or more convenient to prepare the power of attorney on stamped paper in India and then send the original document to you to sign and have notarised, then that's what you should do. It actually makes things very easy but naturally takes longer and could be a little more expensive in terms of courier/postage charges compared to having an electronic document emailed to you.

What documents do I need to bring with me to have my power of attorney notarised?

Aside from bringing the actual power of attorney that you want to have notarised, you'll also need to bring your photo identification - we usually ask you to bring your passport as this would be the most universally accepted photo identification document regardless of where you are in the world. Some clients want to bring their PAN card, Aadhaar card or their OCI card, but as these documents are not generally recognised as identification documents in Australia, they must also bring their passport as their primary photo identification document. When we notarise your power of attorney, we'll also include a stamp to confirm that you've identified yourself by your passport.

How do we notarise your power of attorney?

Generally, the way that we notarise your power of attorney depends on what's required by your lawyer in India. If there are no specific instructions, then we'll notarise your power of attorney the same way that we normally notarise basic legal documents - that is, we'll countersign every page that you sign, and we'll also put a stamp and seal on the back page or the signing page. Unless specifically requested, we don't issue a separate notary certificate as our stamp clearly states that we've witnessed your signature and that you've proven your identity with your specific photo identification document.

Do I need an apostille?

Technically, yes. If you're signing a power of attorney in Australia but you're using it in India, then your power of attorney should be notarised and then stamped with an apostille. The apostille is a stamp issued by the Australian government in accordance with the international treaty known as the Apostille Convention. Countries that are signatories to the Apostille Convention will recognise the apostille stamp issued by other member countries. Both Australia and India are signatories to the Apostille Convention which means documents from Australia to be used in India should be stamped with an apostille to be legally valid.

In saying this, it's our practical experience that the majority of clients who have their documents notarised by us send those documents to India without any other stamps. While it may not be technically correct, because it should be stamped with an apostille after it's been notarised, if the document with notarisation only is accepted in India then it's already achieved its purpose without the added cost or delay of the apostille process.

If you're not sure whether your power of attorney will be accepted in India without an apostille, you should contact your lawyer in India for guidance. Sometimes you may benefit from just asking what the requirements are instead of directing your lawyer to formality arising from the Apostille Convention.

Do I need a signature from the Indian High Commission?

Technically, no. Since Australia and India are both signatories to the Apostille Convention, only the apostille is required and no further involvement by the High Commission or Consulate is required. However, in saying that sometimes your lawyer or whoever you're dealing with in India may specifically request that your document is attested by the High Commission or Consulate (either as a peace of mind or because they're not familiar with international treaties or formalities arising from the Apostille Convention). If that's the case, there's no 'harm' in submitting your documents to VFS (who act on behalf of the High Commission/Consulate) for attestation however VFS will also ask you to sign/acknowledge their disclaimer that they've also advised you that due to the Apostille Convention, attestation by the High Commission/Consulate is not required in order for your power of attorney to be legally valid in India.

Do I need to have witnesses?

As a notary public service, we will notarise your power of attorney after we witness you sign it. However, in many cases, especially if you are using a template from India, there may seem to be a specific requirement for you to also sign in front of other witnesses (often shown as two witnesses). If you were signing the power of attorney in India, then you may need to have two witnesses but you may need to check whether that requirement still exists for signing the power of attorney in Australia. For the majority of our clients, we act as the only witness/notary to the signing of the power of attorney. Sometimes if a client wants to have other witnesses present, then they will need to make arrangements for those witnesses to either sign before or after the notarisation. We can also witness their signature as well as their witnesses' signatures, however, this would mean that they would have to bring their witnesses with them (and this also changes the cost of the notary service). When in doubt, always refer back to your lawyer in India for guidance.

Does my attorney need to be present?

No, generally if you're appointing someone to act on your behalf (ie, your attorney) in India, it's because they're in India - and you're not. This means when you come to sign the power of attorney, your attorney isn't present and they don't need to be. We generally only witness you (the person giving the power) signed the document in our presence. Occasionally, if your attorney is with you and they also wish to sign the power of attorney in our presence, we can witness their signature - but this does not happen in the majority of requests that we receive.

Do I need to have a photograph?

Some power of attorney templates leave a space for you to attach your photograph. Sometimes you also need to sign across your photograph (ie, half on and half off). In all cases, if you're signing the power of attorney in our presence and you include your photograph (whether you sign it or not), we'll still stamp your photograph as confirmation that you're the person who signed the power of attorney in our presence.

Do I need to have a photograph of my attorney?

Your attorney is the person that you're appointing in India to act on your behalf. Some power of attorney templates leave a space for you to include your attorney's photograph as well as your own. You may also need to attest your attorney's photograph, however, we wouldn't stamp your attorney's photograph unless they're present and we're also witnessing them sign the power of attorney (in acceptance).

Do I need to have a thumbprint?

Occasionally, some clients have been asked to also include their thumbprint on the document (ie, generally this is in reference to their left thumb with black ink). We are able to accommodate this request however we aren't able to say whether your specific power of attorney for its specific purpose requires your thumbprint. If you're using a template, often the template will indicate that a thumbprint is required but if you're not sure then you should ask your lawyer in India.

(On rare occasions, we've had clients who have had to put fingerprints and thumbprints from both hands - not sure why).

What next?

To obtain a quote on our notary public services for India, please visit https://www.notary-parramatta.com.au/notary-fees/.

Acknowledgements

This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.

For more information regarding notary public services for documents going to India, view our notary publications at https://www.notary-parramatta.com.au/jurisdiction/india-notary/.

Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.

For Hindi to English translation services by NAATI accredited translators, see https://hindi-naati-translation.blogspot.com.au/.

Ern Phang
Notary Public

Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.

IMPORTANT: the information in this article is correct at the time of publication, however the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.