In Cambodia, it is common and accepted practice to use certification by a lawyer to witness the signing of documents and to validate the identity of the persons signing. This practice is widely used in commercial and legal transactions and is generally accepted by government authorities and private counterparties.
A Notary Public can be used for the same purpose, but there are specific instances where only certification by a Notary Public will be accepted:
- Witnessing the execution of a Will
- Certain documents intended for use in jurisdictions that require notarization as a matter of their own law
- Documents to be apostilled for international use where the destination country requires a notarial act
Apostille and Legalization
Cambodia is not a signatory to the Hague Apostille Convention. This means that Cambodian documents intended for use in Apostille Convention member countries cannot be apostilled by a Cambodian authority. Instead, Cambodian documents must generally be:
- Notarized (certified by a Cambodian Notary Public)
- Legalized by the Ministry of Foreign Affairs and International Cooperation of Cambodia
- Then consularly legalized (certified by the embassy or consulate of the destination country in Cambodia, or by the Cambodian embassy in the destination country)
Similarly, foreign documents intended for use in Cambodia that originate from non-Apostille countries must be legalized through the Cambodian embassy in the country of origin and then by the Cambodian Ministry of Foreign Affairs. Documents from Apostille Convention countries may be apostilled and then submitted to the Cambodian Ministry of Foreign Affairs for further recognition.
Investors should obtain specific guidance on the document authentication requirements for each transaction type, as requirements vary by authority and document purpose.
