You most likely have never heard of a Notary. Despite being the third and oldest branch of the legal profession, it’s a role which often goes under the radar. In this blog post, I’ll be giving you a quick overview of who we are and what we do.
Firstly, it’s important to note that there are three legal systems in the UK, the laws of England & Wales, Scotland and Northern Ireland. In our blog, we’ll be focusing on the role of the notary in England and Wales.
So, What is a Notary?
A notary, or a notary public, is a qualified lawyer authorised to notarise documents e.g. to prepare, witness or authenticate documents to be used abroad. The notary performs an act called notarisation which is considered a higher level of authentication due to the notary’s training and experience. For example, you will likely be asked to provide notarised documents for verification purposes if you do business abroad.
What Does a Notary Do?
The role of a notary differs according to jurisdiction; however, notarial acts are recognised worldwide. To perform the notarisation, the notary will set out in writing what they have verified, and this is termed the “notarial act”. This often takes the form of a certificate attached to the document but can also be written directly on the document.
When you sign a document, the notary will verify your identity, legal capacity, and understanding of the document. If signing on behalf of another individual or company, the notary will also verify the authority to sign on their behalf.
A highly specialised area of law, there are currently only around 800 practising notaries. Most notaries are also practising solicitors, and to become a notary one must undergo a two-year notarial practice course followed by a period of supervision under an experienced notary. A notary is regulated by the Faculty Office of the Archbishop of Canterbury rather than the Solicitors Regulation Authority or Bar Council and is allowed to carry out all other types of non-litigious legal work.
Why Might You Need a Notary?
You may require the services of a notary in situations such as:
- Verifying documents for business transactions in a foreign country.
- Certifying a copy of your passport or other ID for use abroad.
- Witnessing signatures on property deeds, power of attorney forms, or contracts intended for use in another country.
Notarial acts are recognised worldwide, making them vital for legal and commercial dealings across borders.
Summary
Notaries are indispensable for anyone needing legally valid documents for use in other countries. From notarising contracts and verifying identities to certifying important documents, their work ensures compliance with international legal standards.
Whether you’re conducting business abroad, applying for a foreign visa, or transferring property overseas, a notary’s expertise is crucial. By understanding the role of a notary, you can ensure your documents meet the necessary requirements every time.
Hopefully the above gives you a glimpse into our world. Over the coming months, we’ll be delving deeper into the notarial profession and exploring key issues relevant to our clients. Stay tuned!