What does a Notary Public do?
The profession of a Notary Public is different from that of a solicitor, although most of the Notaries in England and Wales are also solicitors. Most (but not all) of the functions of a Notary relate to personal or business transactions with a foreign element. Most Notaries therefore undertake work for commercial organisations and individuals engaged in international business. The most common tasks undertaken by Notaries include:
- Preparing and witnessing Powers of Attorney for use overseas to facilitate the purchase or sale of land and property abroad or to enable litigation to be prosecuted or defended in foreign jurisdiction
- Providing documents to deal with the administration of the estates of people who were living abroad when they died or owned property abroad
- Authenticating personal documents and information required for immigration or emigration purposes or when someone is applying to work abroad
Principal duty of a Notary Public
The principal duty of a Notary is to ensure the transaction has been validly effected. The Notary’s duty therefore is owed not only to the client who attends before him or her, but to anyone who may rely on the document and to governments or officials of other countries who may place reliance on his notarial certificate.
The Notary must ensure full compliance with the relevant requirements, both in this country and abroad. The Notary therefore has to take great care to avoid errors, omissions, alterations, fraud, forgery, money laundering and the use of false identity.
It can therefore save time and therefore expense if, as long before the appointment as possible, you can let the Notary have the originals or photocopies of the documents to be notarised, any letter or form of instructions given by foreign lawyers concerning any special foreign requirements.
Formal identification will be required by the production of your original current passport or, if this is not available, your current driving licence with photo, along with a recent utility bill showing your current address. Additional identification may also be required in certain cases.
A Notary’s Work
The principal duties of a Notary are to provide independent proof of documents, transactions and facts, to satisfy the legal requirements of authorities abroad.
Typically this involves:
- Documents for foreign adoption applications
- Attesting the signature and execution of documents
- Certifying copies of passports and other documents
- Certifying copies of academic qualifications
- Attesting powers of attorney and other documents for use in foreign countries
- Sponsorship documents
- Affidavits confirming freedom to marry (often required to marry abroad)
- Authenticating the execution of documents
- Authenticating the signing of ‘acknowledgment for use’ in the USA
- Applying for legalisation of documents at UK-based foreign embassies or at the Foreign and Commonwealth Office (often termed ‘obtaining an apostille’)
- Administering oaths, affidavits and statutory declarations for foreign jurisdictions
- Other documents for use overseas which require authentication
- Providing Notarised copies
- Taking evidence (depositions) for use in foreign courts
Apostille/Legalisation
Why legalisation is necessary?
Although Stephen is an officially-appointed English Notary, some foreign countries require verification of his authority and signature. This is achieved through a process of ‘legalisation’ or ‘apostille’ certification.
The legalisation process is achieved through the Foreign and Commonwealth Office, which is able to confirm the signature and seal appearing on your document is Stephen’s and that he is a Notary. This involves sending Stephen’s certificate to The Foreign and Commonwealth Office in Milton Keynes where they legalise it by signing and sealing it. The Foreign and Commonwealth Office provides a three-day service and a premium same-day service which only Stephen can undertake and usually requires the services of a courier to take the documents to the Foreign and Commonwealth Office in London. Charges for these services are subject to change so please contact us for more information.
Many countries are parties to the Hague Convention which means that they will accept the Foreign and Commonwealth Office certification, known as an apostille, without any further steps being required.
However some countries insist that in addition to the authentication by the Foreign and Commonwealth Office, their own embassy must also confirm the apostille with its own seal and the signature of an embassy official. Costs for this service vary.
To find out more about notarial services provided by FDR please contact us.
