Liability in Docs Certification When Foreign Authorities Reject Records

Liability of Document Certification Service Providers When Documents Are Rejected by Foreign Authorities:

A Legal and Professional Ethics Analysis

20 December 2025, bangkok – Document certification and certified translation services are professional activities that directly affect the admissibility of documents in foreign jurisdictions, particularly for immigration, education, employment, and legal purposes. This article examines the liability of Notarial Services Attorneys (NSA) and certified translation providers when certified documents are rejected by foreign authorities. The analysis is based on the legal concept of a contract for work, civil liability, professional ethical standards, and consumer protection. The article further argues that using certified professionals under recognized professional bodies provides higher protection and minimizes potential disputes and litigation.

Introduction
The use of documents abroad requires proper certification procedures such as certification by a Notarial Services Attorney, certified translation, or Apostille certification in countries that adhere to the Hague Convention. Failure in certification often results in financial loss, wasted time, and impediments to personal or business transactions. Therefore, understanding the legal implications and professional liability associated with document certification is crucial.

Legal Framework: Contract for Work and the Requirement of Result
Under the Thai Civil and Commercial Code, certification and translation services constitute a “contract for work,” where the achievement of a successful result is essential. Consequently, when documents are rejected by foreign authorities, the service is deemed unsuccessful, and the service provider may be liable for breach of contract, refund obligations, or damages (Thai Legal Institute, 2022).

Liability of Notarial Services Attorneys
Notarial Services Attorneys are legally obligated to review and certify documents with accuracy and suitability for use abroad. Failure to meet this standard—resulting in rejection—indicates a lack of due professional care. The consequences may include civil liability for breach of contract, potential disciplinary sanctions under professional conduct regulations, and reputational damage. 

This aligns with the concept of professional duty of care and accountability (Jones, 2019).

Liability of Translators, Translation Agencies, and Legal Firms
Certified translation is likewise a professional service that must ensure a successful outcome. When certified translations are rejected, translators or agencies may be liable for compensation or refund. However, a major challenge is the absence of regulatory oversight for many translators or agencies not affiliated with professional associations, which limits the enforceability of ethical standards and consumer protection mechanisms (SEAProTI, 2025).

Consumer Protection and the Role of Professional Associations
Professional associations provide an essential function in regulating service standards by offering professional certification, ethical guidelines, complaint and dispute-resolution mechanisms, and disciplinary procedures. Such governance improves accountability and reduces disputes, thereby creating a more stable and reliable certification and translation market (Roberts & Shaw, 2020).

Preventive Measures
To minimize risk and protect clients, the following should be practiced: 

• refund policies
• re-certification obligations

• Jones, M. (2019). Professional liability in legal document certification. Oxford University Press.
• Roberts, K., & Shaw, L. (2020). Ethics and governance in translation professions. Routledge.
• SEAProTI. (2025). Guidelines for certified translation and professional accountability in Southeast Asia. Bangkok: SEAProTI Publications.
• Thai Legal Institute. (2022). Commentary on the Thai Civil and Commercial Code: Contracts for Work. Bangkok: Winyuchon.

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