What is a Notary Public?

A Notary Public is an experienced, knowledgeable individual, often a solicitor, who is formally appointed by the Faculty Office of the Archbishop of Canterbury and who can be relied on to see to it that business and legal documents are signed and witnessed properly and in accordance with the requirements of the country concerned.

A Notary Public in England has many of the same responsibilities as a Notaire or Notary in European countries.  It is a very historical appointment, based on Ecclesiastical Law.  Anyone who has dealings with a Notary Public in the USA may be surprised at the different formalities and cost over here!  The role and responsibility of the Notary Public in the States is very different and amounts rather more to rubber-stamping, or as one critic rather unkindly put it:  “Acting as a performing seal!”.

A Notary acts as an impartial and professional witness to certify the signature of documents required for use mainly abroad.

Notaries form an independent branch of the legal profession, although most are solicitors. Their practice as Notaries is quite separate from their practice of any other profession or business, and is not controlled by the rules affecting solicitors.

The Work of a Notary

In England and Wales, Notaries are largely concerned with the verification of documents and information that will be used in other countries in the world, for clients who have business or property overseas, or who are involved in litigation in foreign courts.

While Notaries have the powers of a Commissioner for Oaths, the work that they do is mainly concerned with foreign matters and their procedures are entirely different.

Notarial requirements about signature and certification of documents vary from country to country.

A Notary's job includes:

• Witnessing the signature of documents
• Authenticating the signature of documents
• Authenticating the content of documents and facts recited
• Administration of oaths and declarations
• Powers of attorney, corporate records, contracts
• Verifying (via translator) translations of documents into English and from English
• The provision of notarised copies of documents
• "Legalisation" via Foreign and Commonwealth Office, and foreign embassies/consulates

THE WORK IS NOT A MERE RUBBER-STAMPING EXERCISE.  The international duty of a Notary involves a high standard of care.  This is not only towards you as the client but also to anyone who may rely on the document and to Governments or officials of other countries.  These people are entitled:

• To assume that a Notary will ensure full compliance with the relevant requirements both here and abroad, and;
• To rely on the Notary’s register and records.

Great care is essential at every stage to minimise the risks of errors, omissions, alterations, fraud, forgery, money laundering, the use of false identity, and so on.

As a Notary, I have to act independently, even though you are my client.  My overriding duty is “to the transaction”.