While members of the general public in the United Kingdom are typically acquainted with legal professions such as solicitors and barristers, many are unaware as to the legal profession of a notary public.

The reasons for this are likely due to a number of factors, including:

  • The size of the profession: There are an estimated 173,017 solicitors and 18,141 barristers practising in England and Wales, whereas the notarial profession is significantly smaller in size, comprising around 770 practising notaries in all; 
  • The nature of services offered: While solicitors and barristers perform legal services principally for clients in England and Wales, notaries are more often than not required when a transaction or matter is to be submitted or completed in a foreign jurisdiction outside of England and Wales; and
  • Regulation: Solicitors practising in England and Wales are regulated by the Solicitors Regulation Authority, while barristers are regulated by the Bar Standards Board. Notaries public, however, are unique in that they are regulated by the Faculty Office of the Archbishop of Canterbury.

In this article, we’ll provide insight into the role of a notary public in the UK, focusing specifically on England and Wales, covering:

  • The principal differences between solicitors, barristers and notaries public;
  • The meaning of ‘notarisation’ and when it may be required;
  • Distinguishing between ‘notarisation’, ‘apostille’ and ‘legalisation’; and
  • Common misconceptions concerning notaries public in England and Wales.

Definition of a Notary Public 

The Cambridge Dictionary definition of notary is: “an official who has the legal authority to say that documents are correctly signed or true or to make an oath (= promise) official”. 

This is a broad understanding. The Oxford Dictionary definition of a notary public is more nuanced, reflecting an important distinction already mentioned: “a person authorised to perform certain legal formalities, especially to draw up or certify contracts, deeds and other documents for use in other jurisdictions.”

How Does a Notary Public Differ from Other Recognised Legal Professions in England and Wales?

We often see on famous TV shows, such as Suits and The Split how contentious the work of a specific type of lawyer can be − typically the litigation or trial lawyer. In these shows, it’s clear that the lawyer does everything within their power and ability to win their client’s case. In other words, that the client’s best interests are at the heart of everything they do professionally.

Notaries, however, are detached from such adversarial or contentious processes, by and large, in that their role is to act as an impartial party to any transaction or matter that comes before them.

You might wonder how this can be possible if a client requests a notary to act for them in relation to an important matter, such as completing the sale or purchase of a property outside of the UK, for example.

Of course, the notary will want to ensure that their client’s transaction is completed. However, they are not bound to act in any manner in order to achieve the client’s interests. Rather, they have a duty to act in the interests of the administration of justice, ensuring all legal formalities, processes and so on are properly followed in conclusion of the client’s legitimate business or transaction abroad.

This, therefore, places notaries well outside any perceived or actual conflict of interest scenario in the notarial work they perform in their capacity as notaries. (Note that this excludes those notaries who, in addition to their general notarial practice, practise conveyancing or probate and – for the latter – in proceedings of a contentious nature.)

A good illustration of this impartiality is in the following example scenario:

Client A wishes to sell their home in Greece to Client B. Both clients reside in the UK. A Greek lawyer drafts the transfer agreement, whereby legal title to the home will pass from Client A to Client B. The Greek lawyer requests Clients A and B to visit their local notary in England to have the transfer agreement notarised.

In this scenario, the notary can act for both clients in this matter and need not be concerned about any perceived or actual conflict of interest as the notary’s role is as an impartial party to the overall transaction.

Difference Between a Notary and Solicitor in the UK

Understanding the difference is therefore crucial when seeking legal services. While solicitors advocate for their clients’ interests and provide legal advice within an adversarial framework, a notary serves as an impartial witness and authenticator of documents, ensuring legal formalities are properly observed without taking sides in any transaction or dispute.

What Does It Mean to ‘Notarise’ a Document?

Standard questions that we encounter and that are asked online include: “What does notarised mean?”, “What is notarisation and why is it important in the UK?” and “What does notarised mean on a document UK?”

Notarisation can mean many things and this is in large part due to the varied and mixed matters that come before a practising notary public on a daily basis. The confusion also stems from the lack of awareness of the fact that a notary public is principally concerned with notarisation of documents for use outside of the UK.

Understanding the benefits of using a notary public for international documents becomes essential when dealing with cross-border transactions, as proper notarisation ensures your documents will be recognised and accepted by foreign authorities and institutions.

In essence, notarisation is an act performed by a notary in their capacity as notary public.

When Do You Need a Notary Public in the UK?

Some examples of situations that require notarial acts are the following:

  • Certifying the authenticity, genuineness or otherwise of an original document. Note that the term ‘original’ doesn’t only encompass ‘wet-ink’ signed documents, but also electronically issued documents, which includes the vast majority of documents issued in today’s world;
  • Attesting the identity and signing of people to legal or other documents for use worldwide; 
  • Authenticating the due execution of a legal document for use worldwide. A common legal document authenticated by notaries public are powers of attorney, which, according to the law of England and Wales, must be executed in a particular manner as a deed to be legally valid and enforceable; and
  • Far less common than the above, notaries are empowered to make and attest ship protests (more common in port cities or towns), and protest foreign bills of exchange (this is highly rare, if conducted at all in this current era).

What Is the Difference between ‘Notarisation’ and ‘Legalisation’?

Notary vs Apostille vs Legalisation Explained for UK Documents

Having briefly explained the meaning of notarisation above, it is clear that the term ‘legalisation’ differs from that of notarisation. But how so?

Once a document has been notarised, it may need to be further authenticated by either being ‘apostilled’ or – in some instances – further legalised by an embassy or consular presence of the country in which the notarised document will be used.

Whether a notarised document needs to be further apostilled and/or legalised is often resolved by finding out if that particular country is a contracting party to the ‘Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents’ (commonly known as the ‘Hague Apostille Convention’).

If the country is a party to the Hague Apostille Convention then, as a rule, a notarised document would only need to be further apostilled by (in the case of the UK) the United Kingdom Foreign, Commonwealth and Development Office (FCDO) before it can be legally used in the foreign jurisdiction.

Conversely, for notarised documents being submitted in countries that are not parties to the Hague Apostille Convention, such documents would need to be both apostilled and – as an additional step – legalised by the embassy or consulate of that particular foreign country in the United Kingdom.

Common Misconceptions About Notaries

Being a niche and small profession, it’s common for members of the public to perceive the role of notary public in a particular, sometimes inaccurate way. For those who haven’t visited or used a notary public in the past, this can understandably be a confusing process.

Among the most common misconceptions encountered about notaries practising in England and Wales, include:

Misconception #1: The Notary Is Only Signing and Affixing Their Stamp or Seal to a Document

This couldn’t be further from the truth. Notaries don’t simply sign and affix their stamp. Notaries are required to ensure that a party to a transaction has the requisite capacity and authority to enter into the transaction. They will perform a number of checks to ensure this is the case, thereby authenticating the validity of the legal transaction for the reassurance of all parties, who may place legitimate reliance worldwide on the notarial act.

Misconception #2: A Notary and a Commissioner for Oaths Are Different Names for the Same Role

Again, this is not correct as a notary public acts in a completely separate and distinct capacity when they are acting as a commissioner for oaths. As a general rule, documents commissioned by a commissioner for oaths will be used in the United Kingdom, whereas notarial acts are for use outside of the United Kingdom.

Misconception #3: A Notarisation Is Completed in Five Minutes

In today’s world, everybody wants things as quickly as possible. However, in order for a notarial act to be properly carried out it is – as a general rule – advisable to make space for around 30–45 minutes for any notarial appointment, so as to ensure all relevant aspects are dealt with in the correct manner.

How to Get a Document Notarised in the UK

Getting a document notarised in the UK is a straightforward process when you work with qualified professionals. The first step is to contact a reputable notary service to discuss your specific requirements. They’ll review your documents and advise on the best approach for your situation. All notaries in England and Wales must be qualified lawyers regulated through the Faculty Office of the Archbishop of Canterbury, ensuring you receive expert guidance from legally appointed officials.

The typical process begins with an initial consultation, after which you’ll receive a quote and schedule an appointment if needed. During your appointment, which usually takes 15-30 minutes, you’ll complete a client registration form and undergo necessary signature and ID checks to verify your identity. What ID documents you need to show will depend on whether you’re seeking assistance as an individual or business client, or if you’re signing a document on behalf of another individual. The notary will then authenticate your documents while you wait, before providing you with the notarised copies and digital scans for your records.

Most established notary services offer flexible options to suit your needs, including office appointments, walk-in services and mobile notary visits to your home or workplace. Whether you’re an individual requiring a one-off certification or a business needing regular notarial services, professional notaries can accommodate various requirements and provide rapid turnaround times, often with next-day options available. For the most reliable service, choose notaries with proven track records and comprehensive expertise in handling documents for international use.

Conclusion

In England and Wales, notaries comprise the oldest yet smallest of the classical three legal professions of solicitors, barristers and notaries, yet as a percentage they account for about 0.44% of the entire number of practising solicitors in England and Wales.

Notaries are principally concerned with authenticating all manner of transactions conducted in foreign jurisdictions outside of England and Wales. Notarial acts are generally regarded as probative when used in other countries, whereas a certification by a solicitor, for example, may not receive the same recognition in such countries as their role is generally domestic.

If you require the assistance of a qualified notary public for all manner of transactions for use worldwide, please contact Notary.co.uk today at info@notary.co.uk or 020 7630 1777.