On almost all streets in Indonesia you will see signs outside the most innocuous buildings advertising Notary services. Like anywhere else in the world there are good one and ones that may not be quite so dilegent as one would hope.
Just what you need to know about Notaries - Key Steps.
Registering a company, buying or selling property, signing legal contracts or documents? Almost all of these events will need the services of an Indonesian Notaris or the equivalent of a notary public.
In Indonesia there are a plethora of Notaris, however, it is essential that you find a reliable and one that can be trusted with some of your most confidential documentation.
Take Time to Find a Reliable Notaris.
It could save you a great deal of hardship.
Notaries: Key Information
A frequent misconception among clients is believing that once their document is notarized, the next and only step required is obtaining the apostille, overlooking the crucial need to verify the notary’s registration status as a registered notary.
Many clients come with documents that are already notarized, expecting the apostille to be a straightforward next step. However, if the notary who signed their document is not on the MenKumHam (the Ministry of Law and Regulations) list of registered notaries, the document will not qualify for an apostille. This results in unnecessary delays and the need to redo the notarization with a properly registered notary.
Common Misunderstandings
- Assuming all notaries are the same: Not every public notary is qualified for documents intended for international use. Always ensure they are on the KumHam list.
- Ignoring updates: Registration statuses can change. Regularly check for the most current list of registered notaries.
- Incomplete information: Ensure all parts of your document are fully and correctly field out during notarization to avoid rejections.
- Overlooking verification: Even if a document is already notarized, always verify the notary’s registration status before proceeding with the apostille.
Importance of Using a Registered Notary
For a document to be eligible for an apostille, it must be notarized by a notary who is registered with the appropriate governing body, such as KumHam Department. This registration confirms that the notary is authorized to perform notarizations that are recognized for international use.
KumHam maintains a comprehensive list of registered notaries. It is important to consult this list to ensure that the notary you choose is duly registered. Failing to do so can lead to your document being rejected for apostille, causing delays and additional expenses. To avoid these issues, we can assist you in ensuring your document is properly notarized by a registered notary.
Steps to Ensure Proper Notarization
- Verify Notary Registration: Before you have your document notarized, check the KumHam list of registered notaries. This list is usually available on the official website or have it checked with us.
- Notarization: Have your document notarized by a notary from the KumHam list. Ensure all details are correct and complete.
- Double-check: Even after notarization, re-verify the notary’s registration status. It’s not uncommon to change their registration status, and an error here can invalidate your apostille process.
Navigating the apostille process requires careful attention to detail, especially concerning the notary’s registration status. Thorough preparation and verification are the keys to a smooth and successful apostille experience. If you need assistance with notarization or verification, whether for visa application, scholarship, or any other purpose, we are here to help ensure your document is properly notarized and ready for apostille.
A Final Word of Caution.
If you are establishing a local company (PT) in Indoensia, you can only own a maximum of 49% of the company. There are many “apparent” ways around this, however, it is critical that if you are intending to work with an Indeonsian partner that you bring your own Natais for the documentation or use the services of Gateway to assist. It is always best to make sure that the nataris is totally inde-pendent and has no documented position in the company other than the notaris of record. When having contracts etc. Notaried, bring your own legal representative or use your own notaris and ensure that you get originals witnessed by a legal representative of your own. The law in Indonesia, as is to be expected, heavily favours the Indonesian parties in any legal dispute that may arise, therefore it is essential to have your own notaris or legal representative to witness and check the veracity and Indonesian legal standing of the documents being signed and your position with respect to your legal rights.
