Document Execution & Notarization

Although it is customary local practice in Cambodia, there is no legal requirement to have an agreement witnessed or signed/stamped by an attorney or notary in order to make the agreement legally bindign on the parties.

Local execution custom is to sign in handwriting in blue ink and to include an inked thumpprint (blue ink) over or next to the signature.

Having said this, local courts do give weight to a witnessing or sign/stamp by a local attorney.

The effect of notarziation of a document in a civil law legal system is stronger than witnessing and essentially removes the ability of the judge to question the identity of the parties who have signed the document as well as the legal substance of the underlying document.

In the case of a sale of shares in a locally incorporated Cambodian company, it is the standard practice of the Ministry of Commerce to require the Seller to sign and stamp the necessary share transfer forms at the Ministry of Commerce or in the presence of a MOC official.

In the case of a transfer of land title, the Vente Definitive (transfer document) must be authenticated – meaning executed in the presence of officials of the Ministry of Land/Cadastral department.

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