Frequently asked questions about our South-African Notary Public Services

A Notary Public is a term that refers to an attorney who possesses in-depth knowledge of a set of legal facts and the processes prescribed therein.  A Notary Public needs to be admitted and authorised by the High Court to witness signatures, draw and attest contracts and statements, and authenticate the validity of certain documents.  This office is held to a higher standard of care than an attorney since the nature of the services they provide is highly ethical and requires specialist knowledge.

What does a Notary do?
Part of a Notary's duty is to screen the individuals who sign important documents for their true identity, their awareness of the contents of the document or transaction, and their willingness to sign without coercion or intimidation. Some situations require a Notary to put the individual under oath, declaration under penalty of perjury that the information contained in a document is true and correct.

A Notary Public has to have impartiality as a foundational value. They need to be duty-bound and thus cannot act in situations with personal interest. The public trusts that the Notary's screening tasks are corruption-and self-interest free. Impartiality also assures that a Notary never refuses to serve a person due to their religion, race, nationality, politics, sexual orientation, or status as a non-customer.

By law, the following documents need to be drawn up by a Notary:
  • Antenuptial Contracts
  • Long-term Leases
  • Servitudes (personal and praedial)
  • Cession of Rights in Sectional Title Schemes
  • Notarial Bonds
A Notary Public is also needed to certify a range of legal documents, including:
  • Marriage certificates 
  • Birth certificates
  • Death certificates
  • Single status certificates
  • Divorce certificates
  • Police clearance certificates
  • Powers of attorney
  • Copies of IDs or passports 
  • Educational documents
Other duties can include: Administering the oath or affirmation, witnessing and authenticating the execution of documents for use inside and outside of a country; protest bills of exchange; and preparing ship protests.

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In order to use certain documents in a jurisdiction outside South-Africa, you may be required to have such documents legalised for use in that country. The rationale behind this is that individuals, organisations and government authorities want to know that a document or signature is authentic and when a document comes from another country, they may want an international certification. This is where a notary public comes in. Notary publics have the authority to authenticate and witness documents and signatures on documents. Further steps in the legalisation process shall need to be carried out in order for the document to be used outside South-Africa.
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  • 1. We receive instruction to draft documents, or you post the documents (if outside South Africa) or come into our office for an appointment with all relevant documents and identification.
  • 2. If required, we can assist with the translation of documents.
  • 3. We notarise the documents.
  • 4. We arrange for an apostille certificate or legalisation at The High Court, DIRCO and Local Embassy.
  • 5. We arrange for attestation at the relevant embassy or consulate; and
  • 6. You collect the documents from us, or we can forward the documents to you, whatever country you may be in.
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Yes. Other fees shall apply for payment of:
  • 1. Postage or courier fees
  • 2. No Fees payable to DIRCO or High Court
  • 3. Consular fees to the relevant embassy or consulate
  • 4. Additional legalisation requirements that may be required in the country of use.
In order to give you a fee estimate, many things need to be considered such as:
  • 1. Urgency requirements
  • 2. Drafting requirements
  • 3. Level of legalisation required
  • 4. Varying consular fees payable to relevant consulate or embassy.
Once we have received your inquiry, we shall be able to give you an estimate of the total fees and disbursements required for legalisation of your documents.

Note that we shall also endeavor to give you an estimate of the additional legalisation requirements that may be required in the country of use. However, this will only be a rough estimate at best, as different countries have different requirements which are subject to frequent change. Although, you may find in many circumstances that the person, organisation or government authority requiring the document may agree to bear the costs of further legalisation required in that country.
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If you require the document for use in a non-Hague Convention Country, then yes, the document shall need to be notarised, before it is legalised at The High Court or DIRCO then attested at the relevant embassy or consulate.
To use a document in a country that is not a Hague Convention country, you will need to first have the document notarised. The next step will be to have the document legalised at The High Court. The next steps shall be DIRCO and further attestation at the embassy or consulate of the country where the document is to be used. This shall complete the legalisation process in Australia, noting that there may be additional legalisation requirements in the country where to document is to be used.
An apostille certificate is a certificate issued by The High Court or DIRCO  certifying that a document has been notarised by a notary public in good standing.

An apostille certificate will be recognised in Hague Convention countries. Provided that your document is to be used in a Hague Convention country, after notarisation, you may present the notarised document to The High Court for an apostille certificate.

This shall complete the legalisation process in South-Africa, noting that there may be additional legalisation requirements in the country where to document is to be used. For the avoidance of doubt, a document that has been notarised and apostilled by The High Court or DIRCO will not be recognised in a non-Hague Convention country.

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Yes 
Yes. If you wish, we can attend your office or home to notarise documents. However, hourly rates shall apply for travel time.

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You will need to bring with you:
  • 1. identification such as a current passport or identity document;
  • 2. Original documents to be authenticated, certified as true copy or witnessed.
If you are signing documents for and behalf of a corporate entity, you shall need to additionally bring with you original documents to show that you are authorised to execute documents for such entity.

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If you require us to witness your signature on a document, we shall need to see you in person. If you require us to authenticate a document or certify a document as a true copy of an original, it is preferable if we can see you in person, however, you may instruct us from overseas and we shall not need to see you in person.
Yes. We have the expertise to assist with the process from end-to-end. We can:
  • 1. Draft Powers of Attorney, proxies or board resolutions (if necessary);
  • 2. Assist with translation of documents (if necessary);
  • 3. Authenticate or witness signatures on documents;
  • 4. Present the documents to The High Court, DIRCO for legalisation or an apostille certificate (if necessary);
  • 5. Present the documents to the relevant embassy or consulate for attestation (if necessary); and
  • 6. Forward the documents to your location anywhere across the globe (if necessary).
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Yes. The legalisation process may require different processes as follows (depending on the country where the document is to be used):
  • (a) Hague Convention Countries – if a document is to be legalised for use in a Hague Convention Country (a country that has signed onto the Hague Convention), the document should first be notarised, before it is taken to DFAT for an apostille certificate. Click here for an updated list on Hague Convention Countries
  • (b) Non-Hague Convention Countries – If a document is to be legalised in a non-Hague Convention Country (i.e. a country not on the list above such as the United Arab Emirates) the document shall need to be notarised, taken to The High Court and DIRCO to be legalised and then the document shall need to be presented to the relevant embassy or consulate for attestation.
Please note that the above three steps are what one would generally expect to have to carry out in order to legalise your documents. However, different embassies or consulates may require additional documents or steps to be carried out. The above is only a basic guide. Please give us a call for a free consultation to work out exactly what steps you shall need to take.

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  • This will depend on:
  • (a) What you need legalised – if you require us to draft documents for you, we will need to receive your instructions and draft the requisite documents.
  • (b) Translation – if translation is required, this adds an additional step, which will take more time. We can arrange for a sworn translator to translate the document on your behalf.
  • (c) If you instruct us on an urgent basis – if you wish for us to legalise the document on an urgent basis, we shall endeavour to push the process through at an accelerated rate. Additional fees and disbursements shall apply accordingly.
  • (d) If you are overseas – if you are overseas this shall take additional time as we shall need to receive documents to be authenticated, carry out the legalisation process and then forward the legalised documents back to you.
  • (e) Legalisation requirements in the country of use – there may be additional legalisation requirements that need to be carried out in the country of use, prior to you being able to use it there. These requirements vary from country to country.
    Please give us a call so that we can give you an estimate on how long the process should take on an urgent or non-urgent basis.
After a document has been notarised, if the document is intended for use in a non-Hague Convention country, it shall need to be legalised at The High Court and DIRCO.

The next step is to have it attested at the relevant embassy. Attestation is the final step in the legalisation process. A consulate would normally only consider attesting a document if it was notarised and legalised by The High Court and/or DIRCO.

Attestation is the acceptance and certification by the embassy that it is satisfied with the authenticity of the document presented to it. Once the document is attested, it is then ready for use overseas.
  • 1. email us at info@louwrenskoen.co.za;
  • 2. call us on +27 87 0010 733; and
  • 3. click on the contact us button at the top of this webpage page and make an inquiry.
If you are planning on travelling abroad to live the expat dream you may need certain documents legalised for use in that country. For instance, if you are married and moving to the United Arab Emirates (UAE) with your spouse, you should take a fully legalised copy of your marriage certificate with you.

This is so that you may show the authorities there that you are legally married, and as such, allowed to live together. It is against the laws of the UAE for an unmarried couple to live together.

Just as important as your marriage certificate, you should arrange to have your credentials notarised and fully legalised for use in the United Arab Emirates.

Should you have any queries about legalising your documents please contact us for a free consultation.
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We are happy to see walk-in clients however do prefer if you book in advance. If you have not booked an appointment you may have to wait until a notary is available.
The length of the appointment will depend on the nature of the work to be undertaken. Typically the appointment will last no longer than thirty minutes.
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You will need documents notarised if
  • Your document is for use in or has been issued by a country other than South-Africa;
  • You have been specifically requested to do so by the issuer or recipient of your document;
  • You are required to make an oath, declaration or affirmation in front of a Notary Public as opposed to a Lawyer, Justice of the Peace or Commissioner for Oaths.
In South-Africa, Notaries are legal practitioners who are qualified to authenticate, prepare, attest, verify, witness and certify original and copy documents for use in South-Africa and internationally. Only a small percentage of legal practitioners in South Africa are also Notaries Public. 
Please see our ‘Fees’ page for charges relating to our services, which are set in accordance with the Notary Scale of Charges. If you are unable to determine the cost of your document, please send click here for an online quotation or message us requesting a quote here or call +27870010733

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We do accommodate walk in customers at out offices in the Northern Pavilion of Loftus Versveld Stadium as we have a Notary Public in attendance most weekdays. To be safe we suggest you make an appointment to make sure that the Notary is available.
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As a general rule, where a signature is required to be witnessed on a document intended for use overseas, the witnessing must be done by a Notary Public. If your document is for use domestically, you will generally be able to have your document witnessed by a lawyer, Justice of the Peace, police officer or Commissioner of Oaths.
Yes we can assist with the whole intricate process. Click here to order or get a no obligation quotation.
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Check the schedule table of the Convention by clicking here

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If you have been asked by an overseas organisation to provide formal documents of any kind, then you will more than likely require this document to be Apostilled.

Having legal documents Apostilled will speed up the process of having your paperwork recognised and accepted as genuine when presented to overseas officials. A Notary Public is ideally placed to assist you with this – in many jurisdictions indeed, ONLY a Notary can do this.

Once a document has been Notarised and Apostilled by a Notary Public it can be accepted as legally sound in most countries. If you are sending your documents to a Country which is not a member of the Hague Convention get in touch – we will be able to correctly legalise it at the Embassy or Consulate.

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See our pricing page.
Document legalision and notary service are dependent on the circumstances at hand and in which destination country your document will presented. Exact pricing is not available until you communicate the factual situation to us. In order to find out what you need and for us quote you , please complete the secure online form below to get the exact costs and time estimate. You can use the incorporated facility to upload any documents you would like us to check.
 
R850 PER DOCUMENTApostille/Authentication5 - 10 working days (DIRCO Appointment)
R850Apostille at High CourtOne working day
R2500SAPS Police Clearance (from SA or abroad)15 - 30 business days
R160 PER DOCUMENTNotary Copy by Notary Public15 minutes walk-in service
FREECertifications (by Commissioner of Oaths)15 minutes walk-in service.
R850Embassy Attestations1 to 6 weeks depending on embassy.
R2000Letter of No Impediment (single or divorced status)6-8 weeks
R3500Unabridged marriage certificate (or abridged)6 - 8 Weeks
R2500Surname change (due to marriage or divorce only)Usually 1-2 weeks
R5000Vault birth or marriage certificate4 - 12 Weeks
R2500Death certificates1-8 weeks
R3000Divorce registration Home Affairs2 Weeks
R2500Divorce Order with case number1 - 4 Weeks
R500Settlement Agreement (if exists in the file) added to above price.
R500 PER PAGETranslations of Document (Sworn Translator)1 - 7 days. Price may differ.
R10 000Criminal record expungements (Form and criteria)6 – 8 weeks
R300We collect-courier or courier from or to a South African address (Courier Guy)1 - 3 Business Days
R750We collect-courier or courier from or to an international address (DHL)2 - 6 Business Days

A Notary Public is an attorney admitted and authorised by the High Court of South Africa to witness signatures, draw and attest contracts and statements, and authenticate the validity of certain documents. A Notary is also an practicing Attorney with a spesialised further qualification.

Yes, a Notary Public is an admitted attorney who has passed the practical examination in respect of the practice, functions and duties of a notary. This is a very specialised further qualification which few attorneys obtain.
The requirements regarding how documents are to be signed may vary depending on the destination country. It may need to be signed only in front of a Notary Public or alternatively one or more witnesses may be required to be present in addition to the Notary Public. After being notarised by the Notary Public, the document may need to be apostilled, authenticated or legalised by the High Court of South Africa, Department of International Relations and Cooperation (DIRCO) or other government offices depending on the type of document and the destination country.
Certified copy:
– Copies of original documents can be certified by any Commissioner of Oaths in South Africa by endorsing the document with a Commissioner of Oaths stamp. This indicates that the document itself is a true copy of the original document.
Notarised copy:
– Copies of original documents can be authenticated by a Notary Public to prove that it is a true copy of the original by endorsing the document with a Notary Public stamp or seal.
The process of authentication of documents involves that the Notary Public verify the original document as well as the copy to ensure that the copy is a true copy of the original and that no amendments or adjustments were made thereto. Once the document has been notarised, the Notary Public issues a collation certificate.

A notarised copy of a document is a true copy of the original document.
         
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Not always. If we need to witness your signature you will need to be physically present.

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Any notarisation we issue does not expire. However, the authority you are presenting the notarised document to may implement their own time limit on how long the notarised document is valid.

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If you are signing a document in a foreign language, we can witness your signature on the document, however we will need to be satisfied that you understand what you are signing. Depending on what we are required to certify, we may require additional information including a translation of the document.
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Yes, in many cases, we can notarise documents issued outside of South Africa.
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The process of notarisation consists of three parts – vetting, certifying and record-keeping. Notarisations are also sometimes referred to as “notarial acts.”
Notarisation is the official fraud-deterrent process that assures a document is authentic, can be trusted and that its signature is genuine. It also confirms that its signer acted without duress or intimidation and intended the document’s terms to be in full force and effect.
Notarisation is required to enable a specific document to be accepted abroad by courts, registries or other notaries. They will only recognise a document once a notary public has signed it.

The form of notarial certification will vary according to the document and the country in which it is used. Generally, the notary public is certifying the genuineness of the signature on the document, the identity and capacity of the person signing, and, if applicable, their authority to represent the company or entity they are signing on behalf of. In addition, it may also be necessary for the notary public to certify that the document has been correctly executed in accordance with South African law.

This requires an understanding of the formalities of executing deeds and documents. A notary public can also certify true copies of original documents and the truth and accuracy of translations. In all cases, a notarised document bears the notary’s signature and official seal of office.

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If you are planning to travel abroad to live the expat dream you may need certain documents legalised for use in that country. For instance, if you are married and moving to the United Arab Emirates (UAE) with your spouse, you should take a fully legalised copy of your marriage certificate with you.

This is so that you may show the authorities there that you are legally married, and as such, allowed to live together. It is against the laws of the UAE for an unmarried couple to live together.

Just as important as your marriage certificate, you should arrange to have your academic credentials notarised and fully legalised for use in the United Arab Emirates.

Prior to the commencement of employment in the UAE, your employer may need to submit your fully legalised credentials to the UAE Department of Immigration in order to obtain your visa.

You may:
  • 1. email us at law@louwrenskoen.co.za;
  • 2. call us on +27 73 686 9078; and
  • 3. Click Here and get a quotation.
  • 4. Click Here to Contact us via the online form or pop into our office. 
After a document has been notarised, if the document is intended for use in a non-Hague Convention country, it shall need to be legalised at the High Court (Notary Copy) and the DIRCO. The next step is to have it legalised or attested at the relevant embassy.

Embassy Attestation is the last step in the legalisation process. A consulate would normally only consider attesting a document if it were notarised and legalised by DIRCO.

Embassy Attestation is the acceptance and certification by the embassy that it is satisfied with the authenticity of the document presented to it. Once the document is attested, it is then ready for use overseas.

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This question comes up often. It can certainly be confusing to distinguish between the designations of Lawyer, Notary Public, and Commissioner of Oaths.

Before we explain the distinction, rest assured that Louwrens Koen has all three of these designations, which means that we can notarize or commission any kind of document in person at Walk-In Notary.

All Attorneys and Lawyers are automatically commissioners of oath (Ex Officio) But not all commissioners of oath are Attorneys or Lawyers. All notaries are lawyers but not all lawyers are notaries. Confused yet? We’ll try to clarify.

In South Africa when someone gets admitted as an Attorney or Lawyer, they not only become a lawyer entitled to practice law but also become a Commissioner of Oaths.

A Commissioner of Oaths is someone that administers an oath, usually for the purpose of swearing or affirming the truth of a written statement such as an affidavit or statutory declaration.

What’s the difference between “swearing” and “affirming”?

Swearing is religious and affirming is secular.
It is possible, however, to become a Commissioner of Oaths without being a lawyer. For example, Police Officers are provided with this designation so that they can administer an oath in court.

This is not the case for Notaries, however. That is, in South Africa to become a Notary Public, an individual must first be a lawyer.

Lawyers are not automatically given the “Notary Public” designation upon becoming lawyers. Instead, this additional designation is a further stringent examination lawyer must qualify for.

This is not the case in the United States, for example, where almost anyone can become a Notary without going to law school and becoming a lawyer first. This approach enables more people to become notaries, which makes it easier to find a notary public.

The South African Qualification approach is more prudent and is intended to mitigate the risk of fraud and malpractice by limiting the designation of Notary Public to lawyers only.

Notarial deeds are documents that are required to be notarised. This entails a Notary having to draft up the document prior to it being signed and witnessed in the presence of the Notary.

Notarial deeds include, among other things, ante-and-post nuptial contracts, deeds of servitude, deeds of cession of usufruct, notarial leases, trust deeds of donation and notarial bonds. Notarial deeds are in the possession of the Notary Public for safekeeping.

 All other records of these types of documents are registered in the Notary’s protocol to prove that the documents have indeed been drafted and attested to.
  • Antenuptial Contracts
  • Long-term Leases
  • Servitudes (personal and praedial)
  • Cession of Rights in Sectional Title Schemes
  • Notarial Bonds
A Notary Public is a term that refers to an attorney who possesses in-depth knowledge of a set of legal facts, and the processes prescribed therein.  A Notary Public needs to be admitted and authorised by the High Court to witness signatures, draw and attest contracts and statements, and authenticate the validity of certain documents.  This office is held to a higher standard of care than an attorney since the nature of the services they provide is extremely ethical and requires specialist knowledge.
Jurat is derived from jurare, Latin for "to swear." It is proof that an oath was taken before an administering officer, such as a notary.



An affidavit is a written statement made under oath. This means that the person who is making the statement has sworn that the document contains the truth and is aware that they will be prosecuted if it is found that the contents of the affidavit (or parts thereof) are untrue. A Notary can administer an affidavit that will be used outside the borders of South Africa.
A notary acknowledgement is a sworn statement made by a notary public who witnesses a person sign a document. The notary public will be required to view government-issued photo identification and authentication documentation to verify the identity of the signer and the authority to sign the document. 
In law, a promise by a witness concerning testimony is allowed in place of an oath to those who cannot, because of conscience, swear an oath. Persons who have objections against taking an oath are allowed to make an affirmation in binding upon their consciences in confirmation of the truth of their testimony.
Certain documents are required by law to be notarially executed, in which case a notary must draft the document which is then signed and witnessed in the presence of the notary. These documents are known as notarial deeds, and include, inter alia, ante- and postnuptial contracts, deeds of servitude, deeds of cession of usufruct, notarial leases, trust deeds of donation and notarial bonds. Such documents are kept in the notary’s safekeeping and the notary is also required to keep a protocol and register of all the documents drafted by and attested to before him.
A notary is also needed for the noting of protests regarding a bill of exchange as well as Notary Apostille & legalisation services which include attestation, authentication and notarising of documents for use in foreign countries. Legalisation of documents means that official documents are sealed and signed with an Apostille Certificate affixed for use internationally (where countries are party to The Hague Convention, to which South Africa is a party). Or, where countries are not party to The Hague Convention, with a Certificate of Authentication.

A notarised document is a document containing authenticated signatures of those authorised or required to sign it, signed by the Notary Public who witnessed the signatures and accompanied by an impression of his or her official notary seal.
In short, it's a Notary's signed and sealed or stamped statement attesting to the time and place that the specified acts and documents were authenticated.
The imprint or embossment made by a notary public's seal. A device, usually a stamp or embosser, makes a notation imprint on a notarised document. Also termed a notarial seal or embossed seal.
A notary embossed seal is a seal that is impressed onto a document, raising the impression above the surface. An embossed seal clearly identifies the original document because the seal is only faintly reproducible.

For this reason, this type of seal is required in some countries and on some documents notarised for official, legal and governmental purposes.

The embossment is made with this seal rubber-stamp seal.

Additionally, a notary public's official seal is also ink-stamped onto documents and is therefore photographically reproducible. It typically includes the notary's name, the words "Notary Public," the name of the county of origin where the notary practices, and the expiration date of the notary's commission. In the South, Africa Notaries are appointed on an Ex Officio basis. 
A notary public is an officer long known to the civil law and designated as registrar, actuarius, or scrivarius. The notary public, or notary, is an official known in all civilized countries. The office is of ancient origin.

In Rome, during the republic, it existed, the title being rabeliones forenses, or personae publicae, and there are records of the appointment of notaries by the Frankish kings and the Popes as early as the ninth century.

They were chiefly employed in drawing up legal documents; as scribes or scriveners they took minutes and made short drafts of writings, either of a public or a private nature. In modern times their more characteristic duty is to attest the genuineness of any deeds or writings, to render the same available as evidence of the facts therein contained

In jurisdictions where civilian law prevails, such as in the countries of continental Europe, a notary public is a public official who serves as a public witness of facts transacted by private parties and serves as an impartial legal advisor for the parties involved.

In South Africa, the notary public has the same rank and dignity as his continental civilian ancestor.
The original of every deed passed before a notary (in other words, every deed they draft, witnesses and signs) must be kept in safe custody by a notary. Documents that a notary merely certifies es need not be kept by them. Neither are notaries obliged to file a certificate of noting, presentation, or protest of a bill for safekeeping in their protocols. It is customary for a notary to endorse their signature with a rubber or embossed seal, but notaries are not legally required to affix such a seal. The original deed, called the minute, must be signed by the notary, the parties, and witnesses in the notary's presence.

As the parties or the relevant registry often require an original deed, it has become common practice to execute notarial deeds in duplicate or triplicate. These ‘‘additional original” deeds are referred to as duplicate actual deeds. A notary must note chronologically, according to number and date, in a register (in the form prescribed by regulation) all the original deeds passed before them and keep them in an orderly fashion in a safe place. The register is referred to as the protocol register, and the collection of deeds is the protocol.

A notary is further required to issue certified copies of deeds in their protocol on application by any authorised person. These are accepted for most purposes, including in courts of law. The practice of issuing a Grosse (an original deed containing a summary of the negotiations and agreement between the parties or just a retyped version of the originally signed notarial deed, executed by the notary only) has fallen into disuse.
Document legalisation is the process of authenticating or certifying a document for use in a foreign country. It typically involves the document being stamped or sealed by a government agency or a foreign embassy or consulate in the country where the document was issued.

This process is sometimes referred to as "document authentication" or "document certification.". The purpose of document legalisation is to provide proof that a document is genuine and has been issued by a government agency or other recognised authority. This is important because foreign governments often require the legalisation of documents in order to recognise them as valid and accept them for use in their own country.

For example, suppose you want to use a birth certificate or marriage certificate in another country. In that case, you may need to have it legally recognised by that country before it will be accepted.
There are a few different ways that document legalisation can be done, depending on the country where the document was issued and the country where it will be used.

In some cases, it may involve obtaining an apostille, a special type of certification recognized by many countries around the world. In other cases, it may involve obtaining a certificate of authenticity from a government agency or a consular office.

Overall, the process of document legalisation can be complex and time-consuming, and it is usually best to seek the assistance of a lawyer or other professional who is familiar with the specific requirements of the country where the document will be used.