Determination of Qualifications and Powers of Notary Public Officers in Thailand

Abstract

This research consists purposes were 1. to study the theoretical concepts regarding the guidelines for determining the qualifications and powers of notary public officers in Thailand 2. to compare agreements and foreign laws regarding the guidelines for determining the qualifications and powers of notary public officers 3) to analyze the guidelines for determining the qualifications and powers of notary public officers in Thailand and 4) to suggest guidelines for determining the qualifications and powers of notary public officers in Thailand. This is a qualitative research study employing a documentary research method. Relevant sources include legal textbooks, academic articles, theses, research reports, statutory provisions, and court judgments concerning the qualifications and duties of notarial services attorneys (notaries public) in both Thailand and other countries. The data collected from these documents were then analyzed using content analysis. The research findings revealed that 1) The concepts and principles regarding the qualifications and authority of notaries are crucial to understanding the role of this profession. Notaries play a crucial role in establishing credibility and legal validity for documents, a crucial mechanism for reducing disputes and fostering stability in the legal system, particularly in the context of increasingly complex international transactions in this era of globalization 2) A comparative study of the legal status, qualifications and authority of notaries in France, Germany, Vietnam, the Philippines, and the United States revealed that differences in legal systems, including written law and common law, directly impact the structure, supervision and missions of notaries in each country. This is particularly true of the status of notaries as government officials or designated independent professionals, which is the starting point for designing qualification, training and ethical control systems 3) Thailand lacks a formal notary system similar to other countries. However, it has provided avenues for the Ministry of Foreign Affairs or lawyers trained and certified by the Lawyers Council to act as notaries under relevant ministerial regulations and announcements. However, this has not been achieved through formal legislation, hampered by several issues, including duplication of authority and duties with other agencies. The public's lack of understanding of the notary system and legal concerns are all factors that have prevented the establishment of the notary system in Thailand from being successful to date and 4) The Notary Public Act of 2024 should be drafted, which stipulates the qualifications of notary public officers, the educational, professional and training qualifications of notary public officers, the powers of notary public officers and the duties of notary public officers.