Statutory Declaration

[4MyEgo]

We need to get a stat dec signed, now I know that Thailand doesn't have any Justice of the Peace here, however I am thinking, could a Notary sign a Statutory Declaration, or could it be signed by a person or agency recognised by law here in Thailand ?

 

Worse case scenario will get a friend back in Oz to sign it for me, only thing is will have to wait for the original to bes sent to me and the way things are going at the moment with the post, can't wait till xmas.

 

So would either a Notary or a person or recognised agency be the way to go, preferably one that doesn't charge like a wounded bull.                       

[Kwasaki]

People who can witness a stat dec signed.

 

Justice of the Peace.

police officer.

court registrar.

bank manager.

medical practitioner.

dentist.

[4MyEgo]

18 minutes ago, Kwasaki said:

People who can witness a stat dec signed.

 

Justice of the Peace.

police officer.

court registrar.

bank manager.

medical practitioner.

dentist.

In Australia yes, maybe I wasn't clear enough, someone to witness a stat dec here in Thailand.

[dodgybros]

Embassy in Bangkok can do

[UncleMhee]

I've had a Power of Attorney document notarized by a Queensland JP here in Chiang Mai. The document is now in force with my attorney in Australia. If it's any help, PM me for details.

The bonus prize is JP's aren't allowed to charge.....though lunch or coffee are appreciated.

Edited May 30, 2020 by UncleMhee

[DPKANKAN]

8 minutes ago, 4MyEgo said:

In Australia yes, maybe I wasn't clear enough, someone to witness a stat dec here in Thailand.

I had a Notary do mine for Birth Certificate etc to send to the UK to get my gov. pension!!????????????????

[Kwasaki]

33 minutes ago, 4MyEgo said:

In Australia yes, maybe I wasn't clear enough, someone to witness a stat dec here in Thailand.

Any of the above will do a doctor did mine. 

[xylophone]

42 minutes ago, 4MyEgo said:

In Australia yes, maybe I wasn't clear enough, someone to witness a stat dec here in Thailand.

A bank manager here will suffice........have done same for me with regards to NZ and UK pension declarations. This was OK'd by both Govt depts.

[4MyEgo]

44 minutes ago, UncleMhee said:

I've had a Power of Attorney document notarized by a Queensland JP here in Chiang Mai. The document is now in force with my attorney in Australia. If it's any help, PM me for details.

The bonus prize is JP's aren't allowed to charge.....though lunch or coffee are appreciated.

Thanks, and yes I was a JP from 1990 until last year helping out a few local farangs from time to time when required, but then the changes came, i.e. you had to reapply all over again as opposed to remaining a JP, so going to to the local member to get a character reference, and then before the courts to get sworn in wouldn't be in my interest from here ????

 

It looks like I will have to keep waiting for further replies as I don't believe that those listed on Kawasaki's reply @ #2 & #7 would be able to sign as I recall people had to be Australian Citizens.

 

At the end of the day it might have to be a Notary and I know they charge, or ask my friend in Sydney to sign and send original to me.

 

 

[sanuk711]

Every now and then the UK pension send a "Proof of life" form.....I usually take it with my passport to the Tourist police, it has always been acceptable for them in UK.

[cleopatra2]

As a general principle a Notary can witness a Statuary Declaration. However the more important consideration is the intended receiver of the declaration. Will the receiver accept such signators if they are unable to verify the witness.

Have you considered using the Australian Embassy. Although probably more expensive and if the document is within their remit , it is unlikely to be rejected by the recipient.

[Pib]

16 hours ago, 4MyEgo said:

 

It looks like I will have to keep waiting for further replies as I don't believe that those listed on Kawasaki's reply @ #2 & #7 would be able to sign as I recall people had to be Australian Citizens.

 

Yea, below Australia Attorney General website says one of the requirements of a witness is  "a connection to Australia."   See below website for full details and partial quote

 

https://www.ag.gov.au/Publications/Statutory-declarations/Pages/who-can-witness-your-statutory-declaration.aspx#who

 

 

Quote

 

Find an approved witness overseas

You can make a Commonwealth statutory declaration if you are overseas. But it must be witnessed by a:

• person on the approved witness list who has a connection to Australia
• notary public appointed overseas
• employee of the Australian Trade and Investment Commission who is:
  1. in a country or place outside Australia, and
  2. authorised under paragraph 3(d) of the Consular Fees Act 1955, and
  3. exercising his or her function in that place

• employee of the Commonwealth who is:
  1. in a country or place outside Australia, and
  2. authorised under paragraph 3(c) of the Consular Fees Act 1955, and
  3. exercising his or her function in that place

You may be able find an approved witness at an Australian Embassy, High Commission or Consulate. Visit the Department of Foreign Affairs and Trade or Smartraveller for contact details.

Approved witnesses who are overseas are allowed to charge a fee for being a witness.

 

 

 

Quote

 

What it means to have a connection to Australia

Having a connection to Australia means the person:

• is licensed or registered to practice in Australia, or
• holds an Australian membership to a professional organisation, or
• is appointed in Australia

For example:

• a doctor who is registered to practise medicine in Australia can witness your declaration (a doctor who is not registered in Australia cannot)
• an accountant who has an Australian membership to Chartered Accountants Australia and New Zealand

 

•  

 

 

[4MyEgo]

11 hours ago, cleopatra2 said:

As a general principle a Notary can witness a Statuary Declaration. However the more important consideration is the intended receiver of the declaration. Will the receiver accept such signators if they are unable to verify the witness.

Have you considered using the Australian Embassy. Although probably more expensive and if the document is within their remit , it is unlikely to be rejected by the recipient.

From the research I have looked at this is what it says, word for word.

 

"You can us a notary public to witness your statutory declaration even if they are called something different under another country's legislation". For example, they may be called a notary or a public notary.

 

"Before using a notary public overseas, you should check the person has been appointed by a government to witness documents.

 

I believe when I weigh everything up including going to the Australian embassy, the only choice I have is to get a notary or public notary to sign the stat dec, as for the cost I think it's about 1,500 baht, unless anyone knows of a JP floating around my way in Udon Thani/Sakon Nakhon who would be prepared to witness my wife's signature.

[cleopatra2]

1 hour ago, 4MyEgo said:

From the research I have looked at this is what it says, word for word.

 

"You can us a notary public to witness your statutory declaration even if they are called something different under another country's legislation". For example, they may be called a notary or a public notary.

 

"Before using a notary public overseas, you should check the person has been appointed by a government to witness documents.

 

I believe when I weigh everything up including going to the Australian embassy, the only choice I have is to get a notary or public notary to sign the stat dec, as for the cost I think it's about 1,500 baht, unless anyone knows of a JP floating around my way in Udon Thani/Sakon Nakhon who would be prepared to witness my wife's signature.

I am not familiar with Australian law, but from my limited knowledge ( if any ), is it not the case that each jurisdiction in Australia have their own seperate requirements of who can sign.

[Oztruckie]

the guy at Thai888 law in Jomtien is from Melbourne,maybe he can assist you.

[4MyEgo]

49 minutes ago, cleopatra2 said:

I am not familiar with Australian law, but from my limited knowledge ( if any ), is it not the case that each jurisdiction in Australia have their own seperate requirements of who can sign.

From my understanding a stat dec can be signed by many people on a list within Australia, however most people look for a Justice of the Peace JP or e.g. Pharmacist, Doctor, Post officer, policeman etc etc etc, outside of Australia it can still be a JP if he/she is registered within Australia, e.g. I would witness signatures until I allowed it to lapse when they went through a new process requiring all JP's to reapply, so that counted me out, as I am here, and going back to go through the process wouldn't have been worth it to me, as it was just a service to witness documents without payment for the government.

 

Outside of Australia it has to be a notary or notary public, these people are usually lawyers who have been accepted to witness such documents, or the Australian embassy, but I am too far away from them for it to be feasible, so the notary or notary public will have to do, unless there is a JP out there who is within driving distance of me and has recently reapplied to keep their JP status going.

[cleopatra2]

38 minutes ago, 4MyEgo said:

From my understanding a stat dec can be signed by many people on a list within Australia, however most people look for a Justice of the Peace JP or e.g. Pharmacist, Doctor, Post officer, policeman etc etc etc, outside of Australia it can still be a JP if he/she is registered within Australia, e.g. I would witness signatures until I allowed it to lapse when they went through a new process requiring all JP's to reapply, so that counted me out, as I am here, and going back to go through the process wouldn't have been worth it to me, as it was just a service to witness documents without payment for the government.

 

Outside of Australia it has to be a notary or notary public, these people are usually lawyers who have been accepted to witness such documents, or the Australian embassy, but I am too far away from them for it to be feasible, so the notary or notary public will have to do, unless there is a JP out there who is within driving distance of me and has recently reapplied to keep their JP status going.

Ok

Thinking outside the normal process .is it possible to do it remotely in real time.

Via video link with qualified person in Australia, make the declaration and sign in Thailand then fax your signed declaration to witness for them to sign and fax back.

[4MyEgo]

1 hour ago, cleopatra2 said:

Ok

Thinking outside the normal process .is it possible to do it remotely in real time.

Via video link with qualified person in Australia, make the declaration and sign in Thailand then fax your signed declaration to witness for them to sign and fax back.

I like your persistence.

 

Yes as I have a friend who is a JP back in Oz, I could ask her to witness the signature, she has known my wife for a decade and has signed statutory declaration for us while we lived here, however it would be the last resort as she recently lost her husband to a long battle with the big C so I wouldn't want to burden her with this right now.

 

The above said, looking further into this, we might not actually need a statutory declaration to be witnessed, believe it or not as other sites of the same government department say that certified copies can be done by someone in a government department, who will also stamp the documents as a true copy, very confusing, no straight answer, but will get ot the bottom of it.

 

We are looking at getting a child visa for two of my wives sons to live with us in Australia, shouldn't be too hard as she has a Por Kor 14 document (child custody document) from the local Amphur, so a stat dec might not be required. 

[Lacessit]

You could try contacting the Australian Embassy in Bangkok, or a guy named Neil Kilah in Chiang Mai, who is a JP. Using LINE and shuttling the stat dec back and forth via a scanner plus email should do it.

[DUNROAMIN]

I have used Siam legal, have many offices here in Thailand, Siam legal is registered in Australia as a legit legal firm for most legal documents. I think will cost you about 1500 - 1800B. 

[RemyDog]

On 5/31/2020 at 9:54 AM, 4MyEgo said:

From the research I have looked at this is what it says, word for word.

 

"You can us a notary public to witness your statutory declaration even if they are called something different under another country's legislation". For example, they may be called a notary or a public notary.

 

"Before using a notary public overseas, you should check the person has been appointed by a government to witness documents.

 

I believe when I weigh everything up including going to the Australian embassy, the only choice I have is to get a notary or public notary to sign the stat dec, as for the cost I think it's about 1,500 baht, unless anyone knows of a JP floating around my way in Udon Thani/Sakon Nakhon who would be prepared to witness my wife's signature.

I am a fair way down the road from you at Pattaya. I am a Queensland JP(Qual) and I am current with my JP and other registrations. I am very happy to assist if you and the document can take a trip to Pattaya or come up with other options. 

[5633572526]

On 5/30/2020 at 3:25 PM, 4MyEgo said:

In Australia yes, maybe I wasn't clear enough, someone to witness a stat dec here in Thailand.

Check with your embassy 

[4MyEgo]

11 hours ago, RemyDog said:

I am a fair way down the road from you at Pattaya. I am a Queensland JP(Qual) and I am current with my JP and other registrations. I am very happy to assist if you and the document can take a trip to Pattaya or come up with other options. 

Many thanks for the offer, however I have now found another way around it, so I don't require a SD after talking to the Australian embassy, i.e. I asked them what if I got the local Amphur to provide a letter in English stating that the document provided by them back in 2006 was certified by them that it is a true copy of the original, they said yes ok, but not before also getting the Thai Consulate to certify it, then no SD would be required, in other words they wouldn't accept the local amphur's letter by its self.........., yes everyone has gone mad.

 

Sounds easy right, but have a listen to this, the head honcho at the amphur said, that if she had to do that, e.g. provide us with a simple letter translated in English stating that the document we had in our possession dated 2006, is an original signed by her department, then that would open a floodgate for others to request the same if they found out, suffice to say my response to her was that it is because of her departments lack of being up to date with its data base is the only reason that we were there in the first place, i.e. this document that was registered with them back in 2006, and it is now 2020, and the only way around this is to get a letter from her stating that the document is an original signed and dated by her department in 2006 so that the Thai Consulate could certify the same.

 

I went on to say, that the only way to stop the floodgates opening and putting her under further stress would be update her database, after all it is 2020, she rolled her eyes and one of her staff members who overheard the conversation said oh I can do the translation, grabbed the document and walked over to her desk, the registrar then said to my wife, I hope I don't have to see you again after this, with my wife's reply being, of course not, I am moving on with my life to greener pastures. 

    

[4MyEgo]

56 minutes ago, 5633572526 said:

Check with your embassy 

Problem being the embassy is an hours drive to the airport, then an hours flight, then an hours drive, whereas now, read reply above #16, we only have to drive 6 hours to Ubon Ratchuthani and back....lol

 

The easiest solution would be to go to the embassy in Laos which I have renewed my passport at, as it is just over an hours drive from here. It would be less time consuming and better cost wise, e.g. reentry permit 1,000 baht, $30USD to get a stamp at the Laos border, peanuts for bus to go over the bridge, a return taxi to the embassy which is a 30 minute drive for 300 baht.

 

But nope the documents has to be certified in the country at which one resides, go figure, beaurocracy at it's best on all sides. 

[4MyEgo]

14 hours ago, DUNROAMIN said:

I have used Siam legal, have many offices here in Thailand, Siam legal is registered in Australia as a legit legal firm for most legal documents. I think will cost you about 1500 - 1800B. 

Yes I am aware of the extortioners out there, as I refer to them.

 

We have about half a dozen docs (all up) requiring certification and the Thai Consulate, they charge 200 baht per document which is accepted by the Australian government as opposed to 1500 - 1800 baht for the same thing, albeit there is a bit of running around and some stress involved.

 

The local amphur charge 20 baht per document for documents translated to English that are on their system, then one has to drive 6 hours to Ubon Ratchuthani from here to pay 200 baht per document to be certified, so the cost is 220 baht per document vs 1500 - 1800 per document, even if you stay in a hotel which we will for a 1,000 baht for the night to break the drive back, it works out to be 300 odd baht per document, as you can see the total of 3,640 baht Vs 18,000 - 21,600 baht, is a huge saving, even if you have dinner you are still ahead, (but we will take my lovely wife's cooking with us, and a bottle of red, suffice to say the hotel provides a free breakfast, use of the pool and check out up to 12pm to be home by dinner time ????

 

[ubonjoe]

13 minutes ago, 4MyEgo said:

The local amphur charge 20 baht per document for documents translated to English that are on their system, then one has to drive 6 hours to Ubon Ratchuthani from here to pay 200 baht per document to be certified, so the cost is 220 baht per document vs 1500 - 1800 per document,

You can also do them by mail to the Department of Consular Affairs in Bangkok.

See: http://www.consular.go.th/main/th/services/111078-บริการรับรองเอกสารทางไปรษณีย์.html

 

 

[4MyEgo]

7 hours ago, ubonjoe said:

You can also do them by mail to the Department of Consular Affairs in Bangkok.

See: http://www.consular.go.th/main/th/services/111078-บริการรับรองเอกสารทางไปรษณีย์.html

 

 

Thanks for that Joe, my only concern with that is that they would be required to see the originals with the copies before certifying them, and I am not keen on sending originals in the mail, because if they got lost, the hassle involved to replace them would be a huge stress.

 

We are talking birth certificates, passports, etc etc, hence the reason we will take the drive to Ubon and let them send the certified copies back to us when ready, while we will have the originals to take back with us, and if the certified copies go missing in the mail, well it would be a matter of repeating the exercise again, but less hassle than going around to get originals which would be all over the place, that said, we are also looking at paying for an express service if they have it to collect that afternoon so that we can avoid the copies being sent in the mail.

 

When everything is done and dusted, then we have no other option but to send them to Australia and hope they make it in the mail as they do not allow on line applications for Child Visa's anymore although they used to through VFS. 

[dodgybros]

8 hours ago, 4MyEgo said:

Yes I am aware of the extortioners out there, as I refer to them.

 

We have about half a dozen docs (all up) requiring certification and the Thai Consulate, they charge 200 baht per document which is accepted by the Australian government as opposed to 1500 - 1800 baht for the same thing, albeit there is a bit of running around and some stress involved.

 

The local amphur charge 20 baht per document for documents translated to English that are on their system, then one has to drive 6 hours to Ubon Ratchuthani from here to pay 200 baht per document to be certified, so the cost is 220 baht per document vs 1500 - 1800 per document, even if you stay in a hotel which we will for a 1,000 baht for the night to break the drive back, it works out to be 300 odd baht per document, as you can see the total of 3,640 baht Vs 18,000 - 21,600 baht, is a huge saving, even if you have dinner you are still ahead, (but we will take my lovely wife's cooking with us, and a bottle of red, suffice to say the hotel provides a free breakfast, use of the pool and check out up to 12pm to be home by dinner time ????

 

Australian Embassy charge 1500 THB, had to do it a couple of times recently

[4MyEgo]

48 minutes ago, dodgybros said:

Australian Embassy charge 1500 THB, had to do it a couple of times recently

Yes, a few years back I had to go to the embassy in Laos which is the closest embassy to me, needed someone there to witness that I was who it said I was on my passport and drivers licence, and to put those details on a form for the land titles office, sign off on it and stamp it.

 

I am power of attorney for my mum who lost her title deed and I was selling the property as she was placed into a nursing facility because of her age and required special care.

 

The cost if I recall correctly was about $70USD, I didn't question them when they gave me the bill, I just paid it, but was sure they made an error because I thought someone told me it was $70USD per document and I had 3 done, guess I got off lightly ?, besides the way I looked at is, it cost me $30USD to get through the Laos/Thai border, small change for the bus over friendship bridge, a reentry permit 1,000 baht, 300 baht return taxi, and petrol for the 3 hour return trip, thanks to the embassy for paying my expenses to get there ????

 

[DUNROAMIN]

9 hours ago, 4MyEgo said:

Yes I am aware of the extortioners out there, as I refer to them.

 

We have about half a dozen docs (all up) requiring certification and the Thai Consulate, they charge 200 baht per document which is accepted by the Australian government as opposed to 1500 - 1800 baht for the same thing, albeit there is a bit of running around and some stress involved.

 

The local amphur charge 20 baht per document for documents translated to English that are on their system, then one has to drive 6 hours to Ubon Ratchuthani from here to pay 200 baht per document to be certified, so the cost is 220 baht per document vs 1500 - 1800 per document, even if you stay in a hotel which we will for a 1,000 baht for the night to break the drive back, it works out to be 300 odd baht per document, as you can see the total of 3,640 baht Vs 18,000 - 21,600 baht, is a huge saving, even if you have dinner you are still ahead, (but we will take my lovely wife's cooking with us, and a bottle of red, suffice to say the hotel provides a free breakfast, use of the pool and check out up to 12pm to be home by dinner time ????

 

Did not say the cost was for one document. Costs are quoted when you apply and depends on the documents.