Wait - if you don't sign, we can't witness!

By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.

Example: the situation

Abhishek signed his affidavit at home to save time and brought it to us to notarise. Our notary public didn't see him sign it, so we can't witness that signature.

Witnessing means watching you sign, so please don't sign beforehand. Let's discuss why.

Witnessing means you must sign in front of us

Every now and then people come to us for notary services with their documents already signed.

IF your document needs to be signed and witnessed by the notary public, then you must sign it in front of the notary public. This means that if you've already signed your document, you'll have to sign it again. If you don't want to sign your document twice, then you'll need to bring a clean document and still sign it in front of the notary public.

Why might you need to sign your document before your appointment?

Even though you should be signing your document in front of the notary public, there may be many reasons why your document might need to be signed before (or after). For example, if there are multiple people signing your document, and not everyone is in the same place, then it's likely that your document would be signed by different people at different times - depending on where they are and where your document needs to go. If you need to sign your document in front of witnesses, Maybe you need to sign in front of witnesses but your witnesses don't have to sign in front of the notary. In that case, you sign in front of your witnesses before (or after) you visit the notary and your witnesses can then witness your signature.

You can't sign somewhere else for comparison

If you've already signed your document, we can't sign your document unless you sign it again. Some people ask us to compare their signature with something else that they sign, however even 'signing elsewhere and comparing the signature' isn't considered to be witnessing. You have to sign the document you want us to notarise in front of the notary public.

You can't mentally sign

Usually, signing legal documents requires mental capacity. This means the person who signs needs to know and understand what they're signing. If they're mentally incapacitated (ie, they have a mental disability or illness) and don't know or don't understand what they're signing, the document won't be legally valid. If a person doesn't have mental capacity, they shouldn't be signing any legal documents and the notary public shouldn't be witnessing them sign any legal documents.

If the person who's supposed to sign has appointed someone as their attorney, in certain cases that person's attorney can sign on their behalf. However, you'll need to check with the recipient whether signing by the attorney will be acceptable for the intended purpose.

If we have any suspicions that the person signing doesn't have their mental capacity, we won't be able to witness their signature or notarise their document.

You can't physically sign

If you're unable to physically sign, a commonly accepted alternative is to put a thumbprint. Including a thumbprint (normally a left thumb) is quite common in India, however, whether this is acceptable really depends on the recipient and their specific requirements. If you're intending to use a thumbprint, check with the recipient with this is acceptable and if so, whether there's a specific requirement regarding the colour (ie, black or blue).

Can you sign electronically?

While we acknowledge that the world is moving towards (or has moved towards) digital and electronic signatures, this concept generally doesn't apply to notary public services (yet). Notarisation as a physical signature and seal (ie, often called wet signatures and wet seal) rather than as an electronic or digital signature and seal is widely accepted around the world. Of course, there are some places that may accept notarisaiton with an electronic or digital signature and seal, but at the moment, those places would be the exception. Considering many of the processes in India are remnants of the colonial and British system, it's unlikely any recipient in India will accept a document with digital or electronic notarisaiton - the traditional and more conservative approach would be to require wet signatures and a wet seal.

Accordingly, witnessing, certifying and notarising are all done as physical acts. You must be present in person, you must bring original documents, you must physically sign with a pen, and we physically sign and seal your document. In time, this may change but for now - this is the way it is.

Example: the solution

Abhishek brought a clean copy of the affidavit to a new appointment. He signed it in front of our notary public, who witnessed his signature and notarised the document.

About Us

This blog is maintained by Phang Legal, a boutique law firm with offices in Parramatta and Rouse Hill. We help clients from across Sydney and beyond with personal, professional and timely Legal Services, Notary Services and Apostille Services.

As a leading provider of notary services in Sydney, we have 1k+ Google Reviews (4.9) (updated July 2026) with many clients happy to share their experience in using our services.

Phang Legal — Parramatta
6/83 George Street
Level 3, 87 Marsden Street (from 1 March 2026)
Parramatta NSW 2150

Phang Legal — Rouse Hill
214/80 Main Street
Rouse Hill NSW 2155

Call 02 9687 8885 | WhatsApp | Request quote

About the author

Ern Phang — Solicitor & Notary Public

This article was written by Ern Phang, a director of Phang Legal, a solicitor since 1998 and a notary public since 2005.

Ern has been a member of the Society of Notaries of NSW since 2005, a Fellow of the Australian and New Zealand College of Notaries since 2013, and a member of the Law Society of New South Wales since 1998.

Ern regularly writes about his experiences as a notary public and the practical issues his clients face when sending documents from Australia to India and other countries all over the world.

Using information in this article
This article provides general information. Requirements, forms, fees and service arrangements may have changed since its original publication. Check the receiving organisation’s current requirements and obtain advice relevant to your circumstances.

Another week, increasing infections and the possible extension to restrictions in Sydney

If you're to ask us whether the restrictions will be lifted on 28 August 2021 as previously announced by the NSW Government, we'll honestly tell you that we don't think they will be (or should be) considering the increasing number of reported cases of infection.

Basically, this means we must be prepared for the current arrangement to continue.

No witnessing

At the moment, we have suspended our witnessing services simply because you cannot come to our office. Witnessing requires you to be here, in person, and physically sign your document in our presence. We must see you sign and we must identify you before we can also sign as your witness and notarise or attest your document to confirm that it was signed by you and that we witnessed you sign. That's a pretty simple exercise under normal circumstances, but not possible with the current restrictions.

Alternatives to physical signing and witnessing

If you're looking for an alternative to a face-to-face appointment, you need to speak to your lawyer overseas to see whether they'll accept your document being signed in any other way (ie, digital signatures) without it being notarised in Australia. Otherwise, we can't offer an alternative to the traditional process of signing, witnessing and notarising.

In New South Wales, and for documents used here (in NSW and potentially in other parts of Australia), the NSW government introduced legislation that recognises electronic signing and electronic witnessing of documents. This legislation was introduced last year (2020) and has been extended to deal with the current situation. However, this applies to documents used here only. It doesn't apply to notary public services and doesn't apply to documents intended to be used in India. For the requirements of your document to be used in India, you need to ask your lawyer in India as it must comply with the laws in India (and for each specific state etc) not New South Wales.

For all other documents not requiring witnessing...

For all other documents not requiring witnessing, such as certifying or attesting copies of documents, these notary public services are still continuing as they have been over the last few weeks.

If you need a certified copy of your document to be attested or notarised (ie, passports or Australian birth certificates etc), we can:

• Arrange for a same-day courier to collect your original documents from you and deliver them to our office
• Copy your original documents and notarise them
• Arrange for a same-day courier to return your original documents and notarised copies to you

This service will continue even after the restrictions have been lifted for clients who wish to take advantage of this service to avoid the time, hassle and potential risks of visiting our office during the pandemic.

What next?

To obtain a quote on our notary public services for India, please visit Request a notary quote.

About Us

This blog is maintained by Phang Legal, a boutique law firm with offices in Parramatta and Rouse Hill. We help clients from across Sydney and beyond with personal, professional and timely Legal Services, Notary Services and Apostille Services.

As a leading provider of notary services in Sydney, we have 1k+ Google Reviews (4.9) (updated July 2026) with many clients happy to share their experience in using our services.

Phang Legal — Parramatta
6/83 George Street
Level 3, 87 Marsden Street (from 1 March 2026)
Parramatta NSW 2150

Phang Legal — Rouse Hill
214/80 Main Street
Rouse Hill NSW 2155

Call 02 9687 8885 | WhatsApp | Request quote

About the author

Ern Phang — Solicitor & Notary Public

This article was written by Ern Phang, a director of Phang Legal, a solicitor since 1998 and a notary public since 2005.

Ern has been a member of the Society of Notaries of NSW since 2005, a Fellow of the Australian and New Zealand College of Notaries since 2013, and a member of the Law Society of New South Wales since 1998.

Ern regularly writes about his experiences as a notary public and the practical issues his clients face when sending documents from Australia to India and other countries all over the world.

Using information in this article
This article provides general information. Requirements, forms, fees and service arrangements may have changed since its original publication. Check the receiving organisation’s current requirements and obtain advice relevant to your circumstances.

Do you need witnesses for the General Power of Attorney or Special Power of Attorney for India?

By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.

Example: the situation

Akash's special power of attorney from his bank in India has spaces for two witnesses. He isn't sure whether he needs witnesses in Australia as well as our notary public.

Whether you need witnesses as well as a notary public is a question for your lawyer in India. Let's discuss why.

Why do you need witnesses?

Many clients ask us whether they need to have witnesses for their power of attorney (both General Power of Attorney and Special Power of Attorney) for India. If you find yourself in the same situation, the simple answer is that you should ask your lawyer in India.

Many of the 'standard' forms and templates for the power of attorney that clients show us (either provided to them by their lawyer, by their bank or by a government office) include a place for 1 or 2 witnesses.

If you were to sign these powers of attorney in India, then presumably you would just follow the requirements in the documents and sign it in front of those witnesses. Those witnesses would then include their details (ie, full name and address) and sign in the spaces provided once you have signed in front of them. Signing in their presence is generally necessary as that is the obligation of the witness to verify that you have signed in front of them.

But what if you are signing the power of attorney here? Do these same requirements apply when you are living in Australia and you are signing the power of attorney for India? Your lawyer in India should be able to advise you on this specific requirement.

Signing the Power of Attorney in Australia

In most cases, if you are living in Australia but you are signing the power of attorney to be used in India, then you would need to sign that power of attorney in front of a notary public (perhaps in addition to the witnesses).

The General Power of Attorney and the Special Power of Attorney must be attested. While the word 'attested' does not clearly indicate what needs to be done to the document, generally this will mean that you must sign the document in front of the notary public and the notary public certifies that you identified yourself by photograph identification and that you signed the document in front of the notary public.

In addition to notarisation, sometimes the notarised power of attorney must also be attested by VFS on behalf of the Indian Consulate. If you are not sure, then these are the questions that you need to ask your lawyer in India. If you have been asked to have your document attested by VFS, then you will also need to check the VFS requirements on their website (ie, there are checklists for documents such as the power of attorney) and ensure that you satisfy them before you visit VFS. These requirements could also include having the notarised power of attorney stamped with an apostille from the Department of Foreign Affairs and Trade (but if you want to know more about this, maybe look through some of the other articles that we have written on this blog).

Get the right advice

Whatever transaction you are planning in India, whether it is to do with property dealings, financial and money matters, or court and legal action, your lawyer who is assisting you with those things will be the best person to advise you as to the specific requirements that they must satisfy in order for your document to be accepted in India. If you do not satisfy these requirements, then you run the risk of having your document rejected and starting all over again - not only a waste of money but a waste of time as well.

Unfortunately, in our experience, many clients do not obtain the right (or clear) advice from their lawyer in India. If this happens to you too, there is not much that we can do to assist in this process and it is up to your lawyer in India to either inform themselves of the specific requirements of whatever they are doing for you - in the context of you being in Australia but signing documents for India - or potentially refer you to another lawyer in India who might be more familiar with the requirements.

Some clients have approached us with documents, like the power of attorney, prepared by lawyers in Australia. We generally do not recommend doing that if those lawyers are not familiar with the laws or the process and procedures in India (keep in mind that there can also be differences between each state and various localities as well as various courts and government offices). A lawyer in Australia is going to be so detached from whatever you are actually doing in India that they are only really guessing what is required without actually knowing what is required. Accordingly, your best advice is always going to be from your lawyer in India especially the lawyer who will actually be using the power of attorney to assist you in whatever you are hoping to achieve in India.

Who can be your witness?

We only provide the services of the notary public and not of other witnesses. If you need to have additional witnesses, you will need to bring them with you - preferably someone that you know rather than a 'stranger'. Your witnesses will also need to be able to properly identify themselves (ie, passport) and be present at the same time as you when you come for your appointment. When we notarise your document we will also confirm that you AND your witnesses both appeared and signed the document in our presence.

What next?

Example: the solution

Akash asked his lawyer in India, who told him to fill both witness spaces. He brought two witnesses of his own, and our notary public witnessed all three signatures and notarised the power of attorney.

To obtain a quote on our notary public services for India, please visit Request a notary quote.

About Us

This blog is maintained by Phang Legal, a boutique law firm with offices in Parramatta and Rouse Hill. We help clients from across Sydney and beyond with personal, professional and timely Legal Services, Notary Services and Apostille Services.

As a leading provider of notary services in Sydney, we have 1k+ Google Reviews (4.9) (updated July 2026) with many clients happy to share their experience in using our services.

Phang Legal — Parramatta
6/83 George Street
Level 3, 87 Marsden Street (from 1 March 2026)
Parramatta NSW 2150

Phang Legal — Rouse Hill
214/80 Main Street
Rouse Hill NSW 2155

Call 02 9687 8885 | WhatsApp | Request quote

About the author

Ern Phang — Solicitor & Notary Public

This article was written by Ern Phang, a director of Phang Legal, a solicitor since 1998 and a notary public since 2005.

Ern has been a member of the Society of Notaries of NSW since 2005, a Fellow of the Australian and New Zealand College of Notaries since 2013, and a member of the Law Society of New South Wales since 1998.

Ern regularly writes about his experiences as a notary public and the practical issues his clients face when sending documents from Australia to India and other countries all over the world.

Using information in this article
This article provides general information. Requirements, forms, fees and service arrangements may have changed since its original publication. Check the receiving organisation’s current requirements and obtain advice relevant to your circumstances.

What does notarisation, notary attestation, or consularise mean?

By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.

Example: the situation

Lalitha's lawyer in India asks for her documents to be 'notary attested and consularised'. She has no idea whether that means one step or three.

The terms people use for notarisation can be confusing. Let's discuss what they mean and what to ask your lawyer.

People often ask us about having their documents 'notarised' or 'attested' by a notary public or by the Indian Consulate, but what does that even mean?

In most cases, they don't know because that's just what their lawyer in India has asked and in this article, we discuss the meanings and give you tips on what you should be asking your lawyer in India to understand the exact requirement.

Notary. Notarised. Notarisation. Notary attested.

Many people use this word as both a noun and as a verb. But the simple fact is that a notary public is a position, title or a role - but it's not a verb. The verb is notarise, which means this is something that the notary public does. For example, the notary public notarises a document. But even the term 'notarisation' can include many different things.

Here are some things that can be considered to be notarisation:

• A notary public witnessing you sign a document.
• A notary public certifying a copy of a document.
• A notary public verifying the authenticity or information contained within a document.
• A notary public providing a notary certificate confirming a certain fact.

What about attested?

Occasionally, you may also hear the word 'attest' or 'attested' - but what does this mean? The word 'attest' specifically means that it something is declared to be true or is the evidence of truth. At the heart of what a notary public does is to provide confirmation of facts, whether that's to confirm someone's identity and to witness that they are the person signing a document, or it's to confirm that a document is a certified copy of an original document. Again, the word 'attest' or 'attested' is used in many different context but alone doesn't provide certainty as to what's specifically required.

And consularise?

Is 'consularise' an actual word/verb? Many clients ask for documents to be consularised which presumably means they want it to be stamped by the consulate. In Australia, the consular services for the Indian Government has been outsourced to VFS. In many cases, before VFS will stamp your document, it will need to be notarised by a notary public and sometimes also stamped with an apostille from the Department of Foreign Affairs and Trade (DFAT).

As both India and Australia are members of the Apostille Convention (see more here), then documents from Australia stamped with an apostille will be recognised in India. However, often despite this official position, some people in India will still want the document to be stamped by VFS before it will be accepted in India.

So what should you ask for?

As you can see, some of these terms aren't actually real words - and that makes it confusing when clients ask for help.

A good idea is to think that when you need notary public services, you need to clearly state whether it involves a person (ie, identifying someone, witnessing their signature, taking an oath or affirmation) or it involves the contents of the document and not specifically the person (ie, certifying a copy, verifying the information).

The difference between the two kinds of service will determine what steps need to happen in order to notarise or attest the documents.

What next?

Example: the solution

Lalitha asked her lawyer exactly what each step involved. Our notary public witnessed her signature and notarised the document, and she then followed her lawyer's instructions on the Consulate step.

To obtain a quote on our notary public services for India, please visit Request a notary quote.

About Us

This blog is maintained by Phang Legal, a boutique law firm with offices in Parramatta and Rouse Hill. We help clients from across Sydney and beyond with personal, professional and timely Legal Services, Notary Services and Apostille Services.

As a leading provider of notary services in Sydney, we have 1k+ Google Reviews (4.9) (updated July 2026) with many clients happy to share their experience in using our services.

Phang Legal — Parramatta
6/83 George Street
Level 3, 87 Marsden Street (from 1 March 2026)
Parramatta NSW 2150

Phang Legal — Rouse Hill
214/80 Main Street
Rouse Hill NSW 2155

Call 02 9687 8885 | WhatsApp | Request quote

About the author

Ern Phang — Solicitor & Notary Public

This article was written by Ern Phang, a director of Phang Legal, a solicitor since 1998 and a notary public since 2005.

Ern has been a member of the Society of Notaries of NSW since 2005, a Fellow of the Australian and New Zealand College of Notaries since 2013, and a member of the Law Society of New South Wales since 1998.

Ern regularly writes about his experiences as a notary public and the practical issues his clients face when sending documents from Australia to India and other countries all over the world.

Using information in this article
This article provides general information. Requirements, forms, fees and service arrangements may have changed since its original publication. Check the receiving organisation’s current requirements and obtain advice relevant to your circumstances.

Why is identification important for notarised documents going to India?

By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.

Example: the situation

Mahesh signs his documents as M. Sharma, but his passport shows his full name, Mahesh Kumar Sharma. His bank in India knows him by the shorter version.

The name we record comes from your identification, so it pays to check it matches what India expects. Let's discuss why.

The necessity of identification

As a notary public, one of our main functions is to identify the person signing a document (ie, we witness them signing). 

By witnessing them sign, we certify that they are who they say they are and that they have signed the document in front of us. To do this we must first identify them according to their identification documents.

Identification documents include:

• Passport (Australian and/or foreign)
• Australian drivers licence or photograph identity card

For Indian clients, sometimes identification documents may also include:

• PAN card
• Indian Drivers Licence
• OCI

In all cases, we will compare the photograph in the identification documents with the person who appears before us to sign the document to ensure that they are the one and the same person. When we sign the document to confirm that we witnessed that person sign the document, we also write the person's name as it appears in the identification documents. Sometimes the name can be different and so it is really important that whoever is dealing with the document in India is aware of the name written in the identification documents to avoid any issues when the documents are sent back to India.

Example: the solution

Mahesh brought his passport, and our notary public recorded his name exactly as it appears there. He told his bank in India about the full name in advance, so it accepted the notarised document without questions.

To obtain a quote on our notary public services for India, please visit Request a notary quote.

About Us

This blog is maintained by Phang Legal, a boutique law firm with offices in Parramatta and Rouse Hill. We help clients from across Sydney and beyond with personal, professional and timely Legal Services, Notary Services and Apostille Services.

As a leading provider of notary services in Sydney, we have 1k+ Google Reviews (4.9) (updated July 2026) with many clients happy to share their experience in using our services.

Phang Legal — Parramatta
6/83 George Street
Level 3, 87 Marsden Street (from 1 March 2026)
Parramatta NSW 2150

Phang Legal — Rouse Hill
214/80 Main Street
Rouse Hill NSW 2155

Call 02 9687 8885 | WhatsApp | Request quote

About the author

Ern Phang — Solicitor & Notary Public

This article was written by Ern Phang, a director of Phang Legal, a solicitor since 1998 and a notary public since 2005.

Ern has been a member of the Society of Notaries of NSW since 2005, a Fellow of the Australian and New Zealand College of Notaries since 2013, and a member of the Law Society of New South Wales since 1998.

Ern regularly writes about his experiences as a notary public and the practical issues his clients face when sending documents from Australia to India and other countries all over the world.

Using information in this article
This article provides general information. Requirements, forms, fees and service arrangements may have changed since its original publication. Check the receiving organisation’s current requirements and obtain advice relevant to your circumstances.