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An agreement between two parties ( one Indian and another South Korean) is to be Notarized in India. The authorized signatory ( a foreign nation) of the first party is in South Korea. I suppose Notarization requires physical presence of both the parties in presence of a Notary. So in this case what should be done? Can a PoA be sent by the first party to a friend here in India, who signs in front of Notary on the behalf of the first party?

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There is no reason that both parties must be present in front of a notary at the same time. It is common place to have multiple signature pages executed at different times by different people in different places. The guy in India signs his page of the contract in the presence of a notary in India, and the guy in South Korea signs his page of the contract in the presence of a notary in South Korea. I have parties sign contracts like that several times a week. If an original copy needs to be maintained for some reason, the original can be mailed or sent by FedEx or the equivalent.

Also, your obsession with notarization makes no sense and suggests that you really have no understanding of contract law or business practice.

The only documents that are routinely notarized are: conveyances of real estate, mortgages, wills, durable powers of attorney, trusts, living wills, and affidavits in court cases or real estate records. Notarization hasn't been important in commercial agreements since the 19th century and is usually dispensed with entirely.

  • Some countries, such as India, apparently have a broader mission for notaries, beyond attesting to and authentication of a signature. They may be asked to verify or certify any instrument, i.e., documents that purport to confer a right or create a liability (such as contracts, translations, etc). – Upnorth Sep 8 '17 at 17:48
  • @Upnorth This is true, but in this particular circumstance, it is irrelevant because there are statutes and treaties that specifically prescribe that only signatures and not notarizations are required for arbitration agreements. – ohwilleke Sep 9 '17 at 2:11
  • My only point was that SOME people reading this may have an artificially narrow view of the notary's function in other countries. Clearly you're not one of them. – Upnorth Sep 22 '17 at 16:43

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