Introduction

Victorian Notaries  are frequently called upon to prepare Powers of Attorney (POA) for clients intending to use these documents in foreign jurisdictions, including Croatia. In such cases, the POA must be notarised by a Notary Public and often requires further authentication or legalisation. This article outlines the key considerations and procedural requirements for preparing a notarial certificate for a Power of Attorney intended for use in Croatia.

1. Legal Framework and Requirements

1.1. Croatian Legal Requirements

Croatian authorities generally require that a Power of Attorney executed abroad be:

• Signed by the principal in the presence of a Notary Public;

• Accompanied by a notarial certificate attesting to the execution and, where relevant, the identity and capacity of the signatory;

• Legalised by apostille under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961)

, to which both Australia and Croatia are parties.

1.2. Victorian Notarial Practice

In Victoria, a Notary Public is authorised to witness and certify documents for use overseas. The notarial certificate must comply with both Victorian and Croatian requirements, ensuring the document will be accepted by Croatian authorities.

2. Drafting the Notarial Certificate

2.1. Essential Elements

A notarial certificate for a Power of Attorney to be used in Croatia should include:

• The full name and address of the Notary Public;

• The date and place of notarisation;

• The full name, address, and identification details of the principal;

• A statement confirming that the principal appeared before the Notary Public, was identified, and signed the document voluntarily;

• A declaration as to the principal’s legal capacity (if required);

• The Notary Public’s signature, official seal, and registration number.

2.2. Sample Notarial Certificate

Below is a template for a notarial certificate suitable for a Power of Attorney to be used in Croatia:

NOTARIAL CERTIFICATE

I, [Full Name of Notary Public], a Notary Public duly admitted and practising in the State of Victoria, Australia, DO HEREBY CERTIFY that on this [Date], at [Location], appeared before me:

[Full Name of Principal]
of [Address of Principal],
who was identified to me by [form of identification, e.g., passport number] or being personally known to me, and who acknowledged that he/she/they freely and voluntarily signed the attached Power of Attorney for the purposes therein stated.

I further certify that, to the best of my knowledge and belief, the said [Full Name of Principal] is of full legal capacity to execute this document.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this [Date].

[Signature of Notary Public]
[Full Name of Notary Public]
Notary Public for the State of Victoria, Australia
[Notary’s Address]
[Notary’s Registration Number]
[Official Seal]

3. Apostille and Further Authentication

After notarisation, the document must be submitted to the Department of Foreign Affairs and Trade (DFAT) for an apostille. The apostille certifies the authenticity of the Notary Public’s signature and seal, enabling the document to be recognised in Croatia.

4. Translation Requirements

If the Power of Attorney and notarial certificate are drafted in English, Croatian authorities may require a certified translation into Croatian. It is advisable to confirm with the receiving party in Croatia whether a translation is necessary and, if so, to engage a NAATI-accredited translator. Our Notary Public, Misko Vujnovic, is fluent in Croatian .

Conclusion

Preparing a notarial certificate for a Power of Attorney to be used in Croatia requires careful attention to both Victorian and Croatian legal requirements.

Share this article on:      

ADD A COMMENT