What is a Notary Public…

FOR INFORMATION PURPOSES ONLY – Tollers Solicitors currently do not provide Notary services.

A Notary Public is one of the oldest posts of the legal profession in England and Wales, with a history that dates back to Roman times. A Notary Public is a qualified lawyer and public officer regulated by the Faculty Office of the Archbishop of Canterbury (The Faculty Office). There are approximately 770 Notaries practicing across England & Wales at the time of this article.

A Notary Public is a separate and distinct qualification and role to that of a Solicitor, although there are some similarities. Both Notaries and Solicitors are regulated (albeit by different organisations) and both have to hold sufficient professional indemnity insurance for them to practice. They must uphold appropriate standards and rules of law and are required to maintain and renew their knowledge with ongoing training and development. Many Notaries are also members of the Notaries Society (The Notaries Society).

A Notary Public is most often engaged to assist in legal transactions which involve some international or cross-border element. A Notary’s involvement is usually restricted to the following:

• the identification of individuals or companies;
• ensuring that the individual or company has the knowledge and understanding of the transaction in question;
• in the case of an individual, that they are acting of their own free will; and
• the certification of signatures or authentication of transactional documents.

Here are some examples of the typical transactions in which a Notary Public may be required in England and Wales:

• Signing of a Power of Attorney for use abroad (for example, to sell property in Spain or to conduct litigation in Germany);
• Consent for minor children to travel abroad in the absence of a person with parental responsibility;
• Certification of identification (such as a passport or national ID card) for use by foreign lawyers;
• Swearing of Affidavits and Statutory Declarations;
• Certification of documents to receive foreign pensions in England and Wales (for example, a certificate of life);
• Authenticating and certifying the existence and legal status of a Company registered at Companies House;
• Certifying qualification certificates, marriage and birth certificates;
• Witnessing and authenticating signatures on legal documents;
• Administration of an Oath or Declaration.

Some countries will often require additional recognition of the status of the Notary Public. In this instance, a document may be required to have an Apostille from the Foreign Office and/or Legalisation at the appropriate consulate or embassy. Whether these steps are required will depend on the transaction and receiving jurisdiction.