E-signatures · Compared
Notarisation against electronic signature
Notarisation is an act by an authorised officer who checks a signer's identity and certifies that the signature was made before them. An electronic signature is the signer's own mark applied to a record with intent to sign. One is a third party attestation, the other is the signature itself.
People reach for a notary when a document feels important, which is rarely the test. The question is whether a rule, a registry or a foreign authority actually demands the extra step.
Nuwan Madhusanka · Co-founder
5 min read · Published
| Notarisation | Electronic signature | |
|---|---|---|
| What it establishes | Identity checked by an officer, and the act of signing | Intention to be bound by the record |
| Who performs it | A notary public, or a justice of the peace for some acts | The signer |
| Evidence produced | A certificate, seal or register entry held by the officer | The mark plus whatever the process recorded |
| Typical cost and time | A fee and an appointment | Minutes, at no marginal cost |
| Usually required for | Documents for use overseas, some property and estate acts | Ordinary commercial agreements |
| Can it be done remotely | Only where the jurisdiction permits remote notarisation | Yes |
Two different jobs
A signature answers the question of whether this person agreed. A notarial act answers the question of whether the person who appeared was who they claimed to be, and that they signed in front of somebody with authority to say so. Those are separable, which is why a notarised document still needs a signature and why an electronic signature does not become a notarisation by adding an identity check. Confusing them leads to two failures: paying for a notary a document never needed, or sending a document electronically when a registry will only take a notarised original.
When notarisation is genuinely required
Documents intended for use in another country are the largest category, usually alongside an apostille or consular legalisation. Beyond that the triggers are specific: certain powers of attorney, some estate and succession documents, statutory declarations and affidavits, and particular property instruments, all varying by jurisdiction. In Australia the work is split between notaries, who mostly handle documents going overseas, and justices of the peace, who witness statutory declarations and certify copies domestically. In the United States notaries handle a much wider range of everyday documents.
Remote online notarisation
Many United States states now permit a notarial act by audio visual link, with the notary verifying identity through credential analysis and knowledge based questions, and keeping a recording of the session. The federal signature statute already allowed a notary's electronic signature to satisfy a notarisation requirement, but whether the appearance can be remote is a state question. Other countries have moved more slowly and with narrower scope. Do not assume a remote notarial act performed in one jurisdiction will be accepted by a receiving authority in another.
Witnessing is a third thing again
A witness observes a signature and attests to it without certifying identity to any official standard, and no seal or register is involved. Deeds and some statutory forms require witnessing rather than notarisation, and the two are often conflated in requests. Reading the actual instruction usually resolves it: language about appearing before, seals or certification points to a notary, while language about in the presence of points to a witness. The cost difference between the two is substantial.
Practical sequencing
Where both are needed, the order matters. A document that must be notarised should reach the notary in the form it will be executed, because a document altered after notarisation carries a certificate that no longer matches. Where a document will be signed electronically by several parties and notarised for one of them, split the workflow: complete the electronic signing, then take the finished file to the notary, rather than trying to interleave the two and producing a certificate that refers to a version that no longer exists. Keep the notarised original intact after the act, because the certificate is attached to that artefact and a receiving authority will usually want it rather than a copy. Where copies are needed for internal use, have them certified as true copies rather than presenting them as originals. If an apostille or consular legalisation follows, allow time for it and check whether the receiving country wants the document in a particular language, since translation after legalisation can require the whole sequence to be repeated.
What signing software supplies instead
It cannot notarise anything, because notarisation is an act by an authorised officer rather than a feature. What it supplies is the evidence a notary would otherwise be asked to substitute for: an identity check by emailed link, access code or a six digit emailed code, the address and timestamp of every step, the consent version accepted, and a certificate of completion with ENVELOPE, SIGNERS and EVENT LOG sections. For documents that do not require a notarial act, that record is usually the stronger and cheaper option, and it is available the same afternoon rather than after an appointment.
Questions people ask
Can a notary notarise a document that was signed electronically?
Where the jurisdiction allows an electronic notarial act, yes, and the notary applies their own electronic signature and seal to the record. Where it does not, the notary needs the signature made in their presence, which usually means printing the document and signing it there.
Is a justice of the peace the same as a notary?
No. In Australia a justice of the peace witnesses statutory declarations and certifies copies for domestic use at no cost, while a notary public performs acts recognised internationally and charges a fee. Sending a document overseas that was only witnessed by a justice of the peace is a common and expensive mistake.
Does notarisation make a contract more enforceable?
Not in itself. Enforceability comes from the parties having agreed on terms with intent and capacity. Notarisation adds proof about identity and execution, which can matter in a dispute, but it does not cure a defective agreement or add legal weight to an ordinary commercial contract.
What is an apostille and do I need one?
An apostille is a certificate confirming the authenticity of a public official's signature and seal, used between countries party to the Hague Convention. If a foreign authority asks for a notarised document, ask at the same time whether an apostille or consular legalisation is also required, since the two usually travel together.
Can a company officer notarise their own company's documents?
No. A notary must be independent of the transaction, and an interest in the document disqualifies them. The same principle applies to witnessing in many jurisdictions, where a party or a close relative should not act as the witness even when no rule expressly forbids it.
Is remote notarisation accepted in Australia?
Some states permit remote witnessing of certain documents and there are electronic pathways for particular acts, but the position is narrower than in the United States and has changed repeatedly. Confirm the current rule in the state where the document will be used rather than relying on guidance written during the pandemic.
Make one with e-signatures
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Send a document for signingRelated questions
- Do electronic signatures need a witness?Most contracts need no witness. Deeds, some land documents and statutory declarations do, and the rules on remote witnessing differ by jurisdiction.
- What is an envelope in e-signature software?An envelope is one document plus its recipients, fields and status. What it holds, the statuses it moves through, and why it cannot be edited after sending.
- What is identity verification in an e-signature request?Identity verification is how a signing process establishes who is signing. The six common methods, what each proves, and the friction each one adds.
- What is in-person signing?In-person signing hands a signer the sender's device instead of emailing a link. How the session starts, what the audit trail records, and when to use it.
Written and checked by the OneCraft team. Last checked .