Summary
Affidavits and oaths are integral components of many legal processes in Thailand and internationally. Notary publics in Thailand are crucial in administering these oaths and notarizing affidavits to ensure their legal validity. Whether you need an affidavit for business, personal, or legal purposes, working with a professional notary ensures that the process is done correctly and efficiently.
If you require an affidavit and need assistance with administering an oath, a Thai notary public can guide you through the process, making sure that your document meets all legal requirements.
When dealing with legal matters in Thailand, you may come across the need for an affidavit or an oath. Whether you’re involved in a business transaction, a legal proceeding, or simply need to make a statement under oath, understanding the process of administering an affidavit and oath is essential. This blog will explain what an affidavit is, how an oath is administered, and how notary publics in Thailand can assist with these processes.
What is an Affidavit?
An affidavit is a written statement in which the declarant (the person making the statement) swears or affirms the truthfulness of the information provided. It is a type of sworn statement used for a wide variety of legal purposes. In Thailand, affidavits are commonly used in business transactions, legal disputes, and personal matters, such as verifying facts or confirming intentions.
Types of Affidavits
There are several types of affidavits, including:
- Affidavit of Identity: Used to confirm the identity of a person.
- Affidavit of Financial Status: Used to declare a person’s financial situation, often in court proceedings.
- Affidavit of Support: Often used in visa or immigration applications.
- Affidavit of Truth: To swear that certain facts are true, such as the details in a contract or agreement.
The Role of the Oath in Affidavits
An oath is a solemn promise to tell the truth. It is a critical component in the creation of an affidavit because it guarantees the authenticity of the statement. In Thailand, as with many other countries, the affidavit must be signed in front of a notary public or other authorized individual who can administer the oath.
There are two primary ways oaths are handled in the affidavit process:
- Oath of Affirmation: The individual swears that the information is truthful, affirming the facts without invoking a deity. This is often preferred by those who do not want to take a religious oath.
- Oath of Allegiance: This is an oath taken with a reference to a deity or a higher power, commonly used in religious contexts.
The notary public will administer the oath by asking the individual to affirm the truthfulness of the contents of the affidavit. In Thailand, this is done formally to ensure that the statement is legally binding.
How Can a Thai Notary Public Help with Affidavits and Oaths?
In Thailand, notary publics play an important role in the administration of affidavits and oaths. Notaries in Thailand are typically qualified lawyers who have been certified to witness oaths and notarize documents.
Here’s how they assist with affidavits and oaths:
- Administering the Oath
A notary public will administer the oath, ensuring that the affiant (the person making the statement) understands the importance of telling the truth. They will ask the affiant to swear or affirm the contents of the affidavit as true and sign it in front of them. - Notarizing the Affidavit
Once the oath is administered, the notary will sign and stamp the affidavit, certifying that the oath was properly taken and that the affiant’s identity was verified. This makes the document legally valid. - Witnessing Signatures
The notary public may also act as a witness to the affiant’s signature, confirming that it was signed voluntarily and with full understanding of its contents. - Providing a Legal Record
Notaries ensure that a record of the sworn statement is maintained, which can be used for future reference in case of legal disputes or other matters.
The Process of Administering an Affidavit and Oath in Thailand
- Prepare the Affidavit
The first step is to prepare the affidavit. If you are unsure about the content or format of the affidavit, you can consult a lawyer to draft it. Ensure that the document contains all the relevant facts that need to be sworn to. - Schedule an Appointment with a Notary
Once your affidavit is ready, you will need to make an appointment with a Thai notary public. It’s advisable to check that the notary is authorized to administer oaths. - Verification of Identity
Bring your identification (such as a passport or Thai ID card) to verify your identity when meeting the notary. This is a critical step in the process to ensure the affidavit is legitimate. - Administering the Oath
The notary will administer the oath, asking you to swear or affirm that the contents of the affidavit are true. The notary may ask you to sign the affidavit in their presence. - Notarization
After you have signed the affidavit, the notary will affix their seal and signature, notarizing the document. This signifies that the oath has been properly administered. - Legalization for International Use (if needed)
If you need to use the affidavit internationally, you may need to have it legalized by the Ministry of Foreign Affairs (MFA) or the embassy of the country where the document will be used.
Why Use a Notary for Affidavits and Oaths?
Using a notary public in Thailand offers several benefits:
- Legal Certainty: Notarizing an affidavit ensures that the document will be legally recognized and enforceable.
- Professional Authentication: Notaries in Thailand are qualified professionals, typically lawyers, who can ensure that the affidavit and oath are properly administered.
- International Acceptance: If you need the affidavit for use abroad, a notarized document is more likely to be accepted by foreign authorities or institutions.
- Peace of Mind: By using a notary public, you have the assurance that your affidavit is handled in accordance with legal standards, reducing the risk of future disputes.
Aphiwat Bualoi Law Office 
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