Notarizing a contract

Ask us anything. Cambodia Expat's Online has a huge community of long term expats that can answer any question you may have about life in Cambodia. Have some questions you want to ask before you move to Cambodia? Ask them here. Our community can also answer any questions you have about how to find a job or what kind of work is available for expats in Cambodia, whether you're looking for info about Phnom Penh, Siem Reap or anywhere else in the Kingdom. Don't be shy, ask CEO's members anything!
daeum_tnaot
Expatriate
Posts: 297
Joined: Sun Mar 04, 2018 1:43 pm
Reputation: 49
Nepal

Re: Notarizing a contract

Post by daeum_tnaot » Wed Oct 30, 2019 7:08 pm

armchairlawyer wrote:
Wed Oct 30, 2019 1:26 pm
daeum_tnaot wrote:
Wed Oct 30, 2019 12:59 pm
Thanks both for your reference to a service provider.

Not only am I looking for the service, but also asking for advice about whether it is worth it? I.e. how much benefit does it bring you to have something notarized?
If it is a simple loan, I cannot think of any reason other than as proof that the parties actually signed it (thumbprint is better as harder to dispute). If it is a loan then you could take photos of the borrower signing and taking the money from you. And you can have the contract witnessed (signed as such) by responsible persons.
Notarisation is something you do when the law or another party insists. It is expensive, as you know, so you don't go doing it otherwise.
Bear in mind that the main reason that debts are not enforced is that it is not worth the hassle and expense going through the court process (and that is true in many countries).
Hi Armchairlawyer, thank you so much for this comment as it addresses what I was really getting at. I was not aware that it is expensive to get something notarized, I think I have only done this one in my life and don't remember how much it cost.

Based on what you said, it sounds like the best idea is to have the contracts both thumbprinted and signed. And if I could find a good witness, that would also be a good way to strengthen it.
Anchor Moy
Expatriate
Posts: 10975
Joined: Wed May 28, 2014 11:37 pm
Reputation: 2323
Tokelau

Re: Notarizing a contract

Post by Anchor Moy » Wed Oct 30, 2019 8:15 pm

daeum_tnaot wrote:
Wed Oct 30, 2019 7:08 pm
armchairlawyer wrote:
Wed Oct 30, 2019 1:26 pm
daeum_tnaot wrote:
Wed Oct 30, 2019 12:59 pm
Thanks both for your reference to a service provider.

Not only am I looking for the service, but also asking for advice about whether it is worth it? I.e. how much benefit does it bring you to have something notarized?
If it is a simple loan, I cannot think of any reason other than as proof that the parties actually signed it (thumbprint is better as harder to dispute). If it is a loan then you could take photos of the borrower signing and taking the money from you. And you can have the contract witnessed (signed as such) by responsible persons.
Notarisation is something you do when the law or another party insists. It is expensive, as you know, so you don't go doing it otherwise.
Bear in mind that the main reason that debts are not enforced is that it is not worth the hassle and expense going through the court process (and that is true in many countries).
Hi Armchairlawyer, thank you so much for this comment as it addresses what I was really getting at. I was not aware that it is expensive to get something notarized, I think I have only done this one in my life and don't remember how much it cost.

Based on what you said, it sounds like the best idea is to have the contracts both thumbprinted and signed. And if I could find a good witness, that would also be a good way to strengthen it.
Yes, only in my experience, but the best way to do low-level contracts in Cambodia is to draw up the contract yourself, get it translated into Khmer (then get the translation checked by a third party, if you are not 100% sure), then the two parties involved thumb-print the document(s) with a witness on each side, and then go to the sangkat with the document to get a stamp.
daeum_tnaot
Expatriate
Posts: 297
Joined: Sun Mar 04, 2018 1:43 pm
Reputation: 49
Nepal

Re: Notarizing a contract

Post by daeum_tnaot » Fri Nov 01, 2019 1:52 pm

Anchor Moy wrote:
Wed Oct 30, 2019 8:15 pm
daeum_tnaot wrote:
Wed Oct 30, 2019 7:08 pm
armchairlawyer wrote:
Wed Oct 30, 2019 1:26 pm
daeum_tnaot wrote:
Wed Oct 30, 2019 12:59 pm
Thanks both for your reference to a service provider.

Not only am I looking for the service, but also asking for advice about whether it is worth it? I.e. how much benefit does it bring you to have something notarized?
If it is a simple loan, I cannot think of any reason other than as proof that the parties actually signed it (thumbprint is better as harder to dispute). If it is a loan then you could take photos of the borrower signing and taking the money from you. And you can have the contract witnessed (signed as such) by responsible persons.
Notarisation is something you do when the law or another party insists. It is expensive, as you know, so you don't go doing it otherwise.
Bear in mind that the main reason that debts are not enforced is that it is not worth the hassle and expense going through the court process (and that is true in many countries).
Hi Armchairlawyer, thank you so much for this comment as it addresses what I was really getting at. I was not aware that it is expensive to get something notarized, I think I have only done this one in my life and don't remember how much it cost.

Based on what you said, it sounds like the best idea is to have the contracts both thumbprinted and signed. And if I could find a good witness, that would also be a good way to strengthen it.
Yes, only in my experience, but the best way to do low-level contracts in Cambodia is to draw up the contract yourself, get it translated into Khmer (then get the translation checked by a third party, if you are not 100% sure), then the two parties involved thumb-print the document(s) with a witness on each side, and then go to the sangkat with the document to get a stamp.

Thanks, that sounds like a good idea. I probably won't use that method in my case for various reasons, but it does sound like a best practice for others to note in case they want to attempt something like this.
Post Reply Previous topicNext topic
  • Similar Topics
    Replies
    Views
    Last post

Who is online

Users browsing this forum: chinesetakeaway, Username Taken, YeP and 196 guests