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What is a Notary
Public?
A Notary is a qualified lawyer,
in England and Wales Notaries are largely concerned with verifying information
and documents for use in other countries by people who have business or
property overseas, giving someone power of attorney abroad or who are
involved in litigation in foreign Courts. However, if a document is for
use in England or Wales you would use a Commissioner for Oaths.
You may need
to do this if, for example if you act as an Executor or lose the Deeds
to your property. There is a statutory charge for this service of £5
per document and £2 for each exhibit, this is any document referred
to in the actual document you are swearing. So a Will must be produced
when swearing an Oath for Executors.
A Notary can
verify facts, for example they will verify that it is you who signed the
document in question and that you understood it. The Notary attaches a
certificate to the document and verifies it with his signature and seal.
Clearly, in order to verify who you are, the Notary must confirm your
identification by checking ID such as a valid Passport or Driving Licence,
together with proof of your address..
A Notary is
a member of the third and oldest branch of the legal profession in the
United Kingdom and is appointed by the Archbishop of Canterbury. The Notary
is subject to regulation by the Court of Faculties. The rules that affect
Notaries are similar to the rules that affect UK Solicitors. Notaries
must be have insurance and maintain fidelity cover for the protection
of the public. They are not allowed to keep clients' money with their
own; it must be separate and comply with stringent practice rules. Notaries
have to renew their practising certificates every year and will only be
granted if they have complied with the strict rules.
Apostillisation
and Legalisation
Sometimes you may be required to have a document apostillised according
to the Hague Convention or legalised. According to the Hague Convention,
all legal and official bodies that have signed the Convention, must acknowledge
the legal validity of a foreign document, when an official seal called
'Apostille' or 'Apostille den Haag', is attached to the foreign document.
If this is your case you will seek Apostillisation and Legalisation.
For example; when the incorporation documents for a company are issued
in one country, and is intended to be used in another, you may encounter
issues in having these corporate documents legally acknowledged in the
intended country. This might be to open a bank account or registered office.
In these cases, you may be required to have your documents authenticated
as being true documents by the other country's Consulate.This can be done
by your Notary Public.
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