When Small Businesses Need Notarised Documents In Australia

When you’re building a startup, paperwork is usually the last thing you want to think about.

But at certain moments - opening an overseas bank account, signing with a foreign supplier, expanding internationally, or dealing with international investors - you might suddenly be told you need a document that’s been notarised (or several).

If you’ve never dealt with notarising before, it can feel confusing: Is notarised the same as witnessed? Do I need “wet ink”? Can I sign electronically? What if the document is going overseas?

In this guide, we’ll walk you through what a “notarised document” generally means in Australia, the situations where small businesses commonly need notarised documents, and a practical process you can follow so you’re not scrambling at the last minute.

What Does “Notarised” Mean In Australia?

A document is typically described as notarised when it has been signed (or a copy has been checked) in front of a notary public, and the notary then signs and applies their seal/stamp to certify what they have witnessed or checked.

In simple terms, notarisation is commonly used to give a document an additional level of formality and overseas acceptability - especially where the document will be relied on overseas. It’s often requested by foreign banks, overseas regulators, overseas counterparties, and foreign courts.

What Does A Notary Public Actually Do?

In a business context, a notary public will commonly:

• check identity (e.g. checking the signer’s identity using acceptable ID);
• check capacity/authority (e.g. considering whether someone appears to be signing as a director, or under a power of attorney, based on the documents they are shown);
• witness signatures on documents intended for overseas use;
• certify copies of documents (e.g. passports, company extracts, certificates);
• prepare a notarial certificate stating what they have done (for example, that they witnessed a signature or certified a true copy).

Notaries are not “just witnesses”. They are specialised legal practitioners (usually senior lawyers) appointed to perform notarial functions.

Why Do Overseas Parties Ask For Notarised Documents?

Because overseas organisations may not be familiar with Australia’s witnessing rules, or they may want a widely recognised method of certification. A notarised document is often used to help an overseas recipient feel confident that:

• the signer’s identity has been checked;
• the signature was witnessed by the notary; and
• the document appears to have been executed in a formal, verifiable way.

This is why you’ll often see “notarised” used interchangeably with “notarised document”, “notarized documents”, or “notarizing/notarising” in international requests - the spelling varies, but the idea is the same.

When Do Small Businesses Need Notarised Documents?

Many Australian startups can operate for years without needing anything notarised. Most day-to-day contracts (customer terms, supplier agreements, employment contracts) do not require notarisation.

Where notarisation becomes common is when you’re dealing with an organisation that:

• is based outside Australia;
• needs documents to be accepted or enforceable overseas; or
• has strict internal compliance requirements (often banks and regulators).

Below are the scenarios we see most often for small businesses and startups.

1. Opening Overseas Bank Accounts Or Setting Up Offshore Payment Facilities

If you’re opening a bank account overseas (or sometimes even a business account with an overseas fintech), you may be asked for notarised documents such as:

• proof of identity for directors/shareholders (often notarised copies of passports);
• proof of address;
• company registration documents (e.g. ASIC records);
• board resolutions authorising the account opening;
• specimen signatures.

This is especially common where the bank needs to satisfy “know your customer” and anti-money laundering checks and is not able to verify Australian documents easily.

2. Foreign Investors, Overseas Capital Raising, Or International Share Transfers

If you’re raising funds from overseas investors, or transferring shares where one party is overseas, you may be asked for notarised versions of documents like:

• share transfer forms;
• shareholder resolutions;
• director resolutions;
• constitutional documents; and
• identity documents for key persons.

These requests usually come from the investor’s counsel, a foreign registry, or the investor’s bank.

If you’re updating your internal governance documents as part of a raise, it’s also a good time to ensure your Company Constitution and other core documents match what you’ve actually agreed commercially.

3. Signing With Overseas Suppliers, Distributors, Or Strategic Partners

Some overseas counterparties will require notarised execution of key commercial agreements - particularly where the contract will be governed by foreign law or used as evidence for foreign regulatory approvals.

Examples can include:

• exclusive distribution agreements in another country;
• manufacturing or supply agreements for offshore production;
• authorised reseller arrangements; and
• strategic partnership deals with foreign corporates.

Often the contract itself won’t legally require notarisation under Australian law - it’s simply a condition of the overseas counterparty agreeing to proceed.

4. Intellectual Property Deals With Overseas Parties

Some IP-related documents may need notarisation for overseas registries or transactions, such as:

• IP assignments being recorded overseas;
• statements or declarations for foreign IP filings; or
• licences where overseas authorities require heightened verification.

Even when notarisation isn’t required, you still want the underlying contract drafted clearly so ownership and usage rights aren’t disputed later.

5. Using Documents In Foreign Courts Or Overseas Legal Processes

If your business becomes involved in litigation overseas, or you need to provide evidence to a foreign court/tribunal (even for something administrative like debt recovery), the court may require certain documents to be notarised (and sometimes further legalised/apostilled - more on that below).

6. Granting Authority To Someone Overseas (Or Proving Authority)

When someone needs to act on your business’s behalf overseas - for example, to open an account, sign local filings, purchase property, or deal with customs - you might need a notarised authority document.

This is where tools like an Authority to act form can become relevant, depending on what the overseas party is asking for and what tasks are being delegated.

Notarised vs Witnessed vs Certified Copies vs Statutory Declarations

A big reason small businesses get stuck is that the request they receive is vague. Someone says “we need it notarised” - but what they really mean is one of several different things.

Here’s how to separate them.

Notarised Document

As above, “notarised” usually means a notary public witnesses a signature or certifies a copy (and issues a notarial certificate), most commonly where the document will be used overseas.

In practice, it’s often the most widely recognised form of certification you’ll see in everyday cross-border business transactions - but the “right” level of certification always depends on what the receiving organisation and country require.

Witnessed Signature

A witnessed signature means a person watches you sign and signs as witness. In Australia, the rules about who can witness depend on the document type and the state/territory.

For example, some documents require a specific class of witness, and others can be witnessed by almost anyone over 18.

If you’re trying to work out whether your execution method is valid, it helps to understand the witness signature rules that apply to business documents in Australia.

Certified Copy

A certified copy is a copy of an original document that has been confirmed as a true copy by an authorised person (who that is depends on the relevant rules and context).

Businesses are often asked for certified copies of:

• passports and driver licences;
• company registration certificates;
• bank statements; or
• qualifications/licences.

Sometimes an overseas organisation won’t accept a standard certified copy and will specifically require a notarised copy instead.

Statutory Declaration

A statutory declaration is a formal written statement declared to be true in the presence of an authorised witness, under relevant Commonwealth or state legislation.

In business, statutory declarations can be used to confirm facts (for example, where a third party wants a formal statement and there’s no other document to prove it).

They are not the same as notarised documents, and they are not automatically accepted overseas.

“Valid Signature” And Proper Execution (The Foundation Matters)

Before you even get to notarising, you want to make sure your document is signed properly in the first place. If your execution is messy, notarisation might not fix the underlying problem.

It’s worth getting comfortable with what counts as a valid signature and the broader legal requirements for signing documents, especially if you’re signing frequently as a founder/director.

How Do You Get A Document Notarised In Australia (And What If It’s Going Overseas)?

Notarising is usually straightforward - but it can become time-consuming if the overseas recipient has extra requirements or if the document needs to be legalised.

Here’s a practical process you can follow.

Step 1: Confirm Exactly What The Overseas Party Needs

Before booking a notary appointment, clarify:

• Do they need the original notarised or is a notarised copy acceptable?
• Do they need notarisation of a signature, a copy, or both?
• Do they require an apostille or authentication after notarisation?
• Do they need the document in a particular format (e.g. specific wording, specific witness details, specific certificate)?
• Do they require wet ink signing?

A lot of delays happen because a business notarises something, sends it overseas, and then gets told: “Sorry - we actually needed an apostille as well.”

Step 2: Check Whether You Can Sign Electronically

For Australian-only transactions, electronic signatures are often acceptable (depending on the document and context). But for overseas recipients, they may insist on wet ink signing even if e-signing would otherwise be legally effective.

If you’re unsure about what’s acceptable, it’s useful to understand the difference between wet ink signatures and electronic signatures, and then match that to what the overseas party will accept in practice.

Step 3: Prepare Supporting Documents (So The Notary Can Verify What They Need)

Notaries commonly ask for supporting evidence such as:

• photo ID (passport is often preferred for overseas documents);
• ASIC extracts, ACN details, or company registration documents;
• proof you have authority to sign (e.g. a director resolution);
• the final version of the document (no blanks, no missing schedules);
• any instructions from the overseas party about wording and certification.

If you’re signing on behalf of someone else (or for another entity), you’ll also want to confirm you’re executing correctly - including how to sign using “pp” where appropriate. The basics of p.p. signatures can help you avoid common mistakes.

Step 4: Attend The Notary Appointment

At the appointment, the notary will usually:

• check your ID;
• check the document and any instructions;
• witness you sign (if notarising the signature);
• attach a notarial certificate; and
• apply their seal/stamp.

Timing varies, but allow extra time if you have multiple documents or if you need certified copies of multiple supporting documents.

Step 5: Arrange Apostille Or Authentication (If Required)

If the overseas country requires it, you may need an apostille (for countries in the Hague Apostille Convention) or authentication (for non-Convention countries). This is usually handled through DFAT (Department of Foreign Affairs and Trade).

Notarisation and apostilles are related but different steps:

• Notarisation involves the notary witnessing a signature or certifying a copy (and issuing a notarial certificate).
• Apostille/authentication is a separate DFAT process that confirms the notary’s signature/seal (or the relevant public official’s signature/seal) for recognition by the receiving country.

If you’re building overseas operations, it’s worth mapping this into your timelines - especially if your launch depends on opening accounts, signing leases, or obtaining approvals overseas.

Common Startup Documents That May Need Notarisation (And What To Watch Out For)

Notarisation requests tend to come in clusters - once you need one notarised document, you often find you need a few more.

Here are the documents we commonly see Australian startups asked to notarise, and the practical issues to keep in mind.

Identity Documents (Notarised Copies)

Overseas banks and counterparties often request notarised copies of passports or driver licences.

Tip: make sure the copy is clear, and check whether they require colour copies, specific certification wording, or both sides of the ID copied.

Company Documents And Registers

You might be asked for notarised copies of company documents, such as:

• certificate of registration;
• ASIC company extract;
• constitution; or
• registers showing directors/shareholders.

Tip: if the overseas party needs proof of who can bind the company, they may also ask for a resolution confirming signing authority.

Director Or Shareholder Resolutions

For overseas dealings (especially banking), a resolution might be required to confirm:

• the company approved the transaction;
• who is authorised to sign; and
• the scope of the authority given.

Tip: the resolution wording matters. If the resolution doesn’t match what the overseas party expects (for example, it’s too narrow), you can lose time redoing it.

Powers Of Attorney Or Delegations Of Authority

If someone needs to act for your company overseas, you may need a notarised power of attorney or delegation document.

Tip: overseas recipients can be very specific about formatting and witness requirements. Don’t assume an Australian template will automatically be accepted without modification.

Key Commercial Contracts Used Overseas

Some overseas counterparties want the contract itself notarised, especially where it will be presented to a bank, regulator, or government agency.

Tip: if the contract is high value or long term, take the opportunity to make sure it is properly drafted and actually protects your business (payment terms, limitation of liability, termination rights, IP ownership, dispute resolution).

Employment-Related Documents (Less Common, But Possible)

It’s uncommon to notarise employment documents for Australian operations. However, if you are engaging staff internationally or arranging overseas secondments, some destinations and organisations may ask for certified, notarised and/or apostilled documents as part of their onboarding or local compliance processes.

For your Australian team, what matters most is that you’re using a compliant Employment Contract and clear workplace policies, rather than notarisation.

Key Takeaways

• Notarised generally means a document (or copy) has been witnessed/certified by a notary public, most commonly for use overseas.
• Most Australian startups don’t need notarised documents day-to-day, but they often come up when dealing with foreign banks, overseas investors, or international counterparties.
• A notarised document is different from a witnessed signature, certified copy, or statutory declaration - and the overseas recipient’s requirements usually drive what’s needed.
• Before notarising, confirm exactly what is required (signature vs copy, originals, wet ink, and whether an apostille/authentication is needed).
• Good execution habits matter: a properly signed document is the foundation, and notarisation doesn’t always fix underlying signing or authority issues.

Note: This article is general information only and isn’t legal advice. Requirements can vary depending on the document type, the receiving country, and the receiving organisation’s policies.

If you’d like help preparing, reviewing, or signing documents for an overseas deal (including working out whether you actually need something notarised), contact Sprintlaw on 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.