There are currently no execution formalities for written agreements to be enforceable. Private contracts signed by two contracting parties are legally sufficient, as notarization of documents is not yet a general practice. In place of notarization, documents are certified by Cambodian Bar lawyer as having been signed in their presence and affixed with the lawyer’s seal. Witnesses are generally not required, however, having witnesses and particularly a competent notary co-signing the agreement is still advisable and useful in the event of litigation. There is no stamp tax requirement for private documents.

One peculiarity of Cambodian legal practice is the importance of the company stamp for contracts that will be binding upon a company. It is not sufficient that it be signed by an authorized representative. In most cases, contracting parties will require that each one affix the company stamp on the document together with the signature of the authorized representative. A board resolution designating the person as the company’s authorized signatory may or may not be necessary, depending on the nature and importance of the contract and the value of the subject matter. Where the contracting party is an individual and not a company, it is generally required for that person to affix his/her thumbprint on the document alongside the signature.

There is also the issue of the language of the contracts. The Constitution recognizes Khmer as the official language of the country, and a Cambodian court will require a Khmer translation of the contract in a case regarding contract enforcement. Considering the technical nature of the terms of an agreement, it may not be easy to get an accurate translation of the terms in Khmer.  Even if one is able to obtain a satisfactory translation, it cannot be guaranteed that a court would interpret the Khmer translation in the same way that an English speaker would interpret the original version, considering the complexities of Khmer grammar, syntax and legal reasoning. It is acceptable to have only one language version of the contract (in English) and to obtain the counterparty’s express consent and signature on the English document. A Khmer translation can be obtained at a later time, in the event that it is required for a court proceeding. To start by executing a Khmer translation of the contract alongside the English original at the outset could lead to confusion of terms and is generally not recommended.