What is a Notary Public?
Notaries authenticate documents for use abroad. We are highly trained and experienced lawyers, regulated in what we do. We carry professional Indemnity insurance in the same way as other lawyers do. The international duty of a Notary involves a high standard of care involving a professional responsibility 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.
What do I need from you?
When as a notary I deal with your document I am verifying certain things which the receiving country can rely on.
First, I will have to confirm that the person in front of me is who he says he is. In the days of increasing identity theft and internet and other fraud, this is hugely Important. This means I will need you to bring in your original passport and a recent document to prove your address.
Secondly, I will be confirming that you have an understanding of the document and its legal effect. This is difficult enough with an English document, but documents for use in other jurisdictions may have legal effects which are not immediately apparent. I have a duty to check that you understand the main effects of the document.
Next, I must ensure you have the authority to sign the document. This is not usually an issue if you are an individual, but if you are signing on behalf of a company as a director, I will need to verify that your company exists and that you have the authority of the company. Directors of English companies have almost unlimited legal authority, but in many countries, they expect to see a resolution of the board of directors authorising the signing of the document in question. It may therefore be necessary to see a signed copy of a resolution authorising the signing of the document by the director.
Finally, I have to ensure that you have capacity to sign the document. With an individual, this can mean ensuring you are over 18 years or that you are not suffering from a disability. In the case of a company it usually means checking to see that you are duly appointed as a director and authorised to act.
My signature and seal signify all these things to the rest of the world. I am also warranting that the document is executed in accordance with any formalities which apply in England. Generally, a document which is executed in accordance with the laws of the place of execution will be recognised as validly executed by a foreign country. This is a general rule of international law. At the end of this process, I have to keep a complete record of the notarisation and of your details and also keep a copy of the document.
My Work as a Notary
I offer notary services for individuals and businesses. If you have any document for use abroad the chances are that it will need authentication by a notary. Documents I deal with include:
• powers of attorney
• certified copies of company articles and certificates of incorporation
• consent for a child travelling abroad with one parent or a third party
• documents for companies wishing to establish branch offices abroad
• contracts and deeds for buying or selling property abroad
• execution of foreign wills and probates
• certified copies of passports and other identification documents
• verification of education certificates and professional qualifications
• bills of sale for ships and aircraft
• sales and purchases of time shares
• affidavits for home and abroad and statutory declarations for abroad only
• declarations of freedom to marry
• shipping and bills of exchange protests
Legalisation
After I have signed and sealed the document, it will often need to be sent for legalisation. This is a requirement of the country where the document is going. The legalisation requirements vary from country to country, but almost all have the minimum requirement of an Apostille. This is obtained by sending the document to the Foreign and Commonwealth Office. This is a verification of the Notary's signature and seal. The Apostille is internationally recognised by many countries, all of whom will have signed up to the Hague Convention.
Some countries also want legalisation through their own consulates.
You should check in advance with the person the document is going to whether it needs legalisation, though I can advise you of what is usual for the country concerned. You need to allow time for the legalisation to happen.
What do I need from you?
When as a notary I deal with your document I am verifying certain things which the receiving country can rely on.
First, I will have to confirm that the person in front of me is who he says he is. In the days of increasing identity theft and internet and other fraud, this is hugely Important. This means I will need you to bring in your original passport and a recent document to prove your address.
Secondly, I will be confirming that you have an understanding of the document and its legal effect. This is difficult enough with an English document, but documents for use in other jurisdictions may have legal effects which are not immediately apparent. I have a duty to check that you understand the main effects of the document.
Next, I must ensure you have the authority to sign the document. This is not usually an issue if you are an individual, but if you are signing on behalf of a company as a director, I will need to verify that your company exists and that you have the authority of the company. Directors of English companies have almost unlimited legal authority, but in many countries, they expect to see a resolution of the board of directors authorising the signing of the document in question. It may therefore be necessary to see a signed copy of a resolution authorising the signing of the document by the director.
Finally, I have to ensure that you have capacity to sign the document. With an individual, this can mean ensuring you are over 18 years or that you are not suffering from a disability. In the case of a company it usually means checking to see that you are duly appointed as a director and authorised to act.
My signature and seal signify all these things to the rest of the world. I am also warranting that the document is executed in accordance with any formalities which apply in England. Generally, a document which is executed in accordance with the laws of the place of execution will be recognised as validly executed by a foreign country. This is a general rule of international law. At the end of this process, I have to keep a complete record of the notarisation and of your details and also keep a copy of the document.
My Work as a Notary
I offer notary services for individuals and businesses. If you have any document for use abroad the chances are that it will need authentication by a notary. Documents I deal with include:
• powers of attorney
• certified copies of company articles and certificates of incorporation
• consent for a child travelling abroad with one parent or a third party
• documents for companies wishing to establish branch offices abroad
• contracts and deeds for buying or selling property abroad
• execution of foreign wills and probates
• certified copies of passports and other identification documents
• verification of education certificates and professional qualifications
• bills of sale for ships and aircraft
• sales and purchases of time shares
• affidavits for home and abroad and statutory declarations for abroad only
• declarations of freedom to marry
• shipping and bills of exchange protests
Legalisation
After I have signed and sealed the document, it will often need to be sent for legalisation. This is a requirement of the country where the document is going. The legalisation requirements vary from country to country, but almost all have the minimum requirement of an Apostille. This is obtained by sending the document to the Foreign and Commonwealth Office. This is a verification of the Notary's signature and seal. The Apostille is internationally recognised by many countries, all of whom will have signed up to the Hague Convention.
Some countries also want legalisation through their own consulates.
You should check in advance with the person the document is going to whether it needs legalisation, though I can advise you of what is usual for the country concerned. You need to allow time for the legalisation to happen.
