What is the role of a notary?
Notaries have been part of the English and Welsh legal system for centuries. Many people only come into contact with notaries when a foreign authority requests a document to be notarised. This article sets out the functions of notaries, how they are regulated and when someone may require a notary.
What does a notary do?
A notary, or notary public, is a qualified lawyer who prepares and certifies documents, in particular documents to be used abroad. In England and Wales, many notaries are also solicitors but it is not a requirement for a notary. Notaries are a separate branch of the legal profession and a separate qualification is required to become a notary.
A notary’s main role is to verify the identity of the people signing documents and the authenticity of documents, so that they will be accepted in other countries. Common work includes witnessing signatures on powers of attorney for use abroad, certifying copies of passports and degree certificates, and commercial matters such as confirming a UK company’s existence and the authority of its directors.
Who regulates notaries?
Notaries are regulated by the Master of the Faculties through the Faculty Office, which operates under the authority of the Archbishop of Canterbury. The Master acts as the regulator of notaries in England and Wales. The Legal Services Board oversees all the legal regulators in England and Wales, including the Faculty Office.
Why would I need a notary?
You are most likely to need a notary when dealing with a foreign government, court, bank or company. For example, if you are buying property overseas, working abroad, getting married in another country, dealing with an inheritance abroad or a business is setting up overseas, the authorities may require notarised documents. Some documents also need an apostille, a certificate issued by the Foreign, Commonwealth and Development Office, and a notary can often arrange this for you.
| Situation | Typical notarial work |
|---|---|
| Buying property abroad | Witnessing a power of attorney |
| Working or studying overseas | Certified copies of degrees and passports |
| Getting married abroad | Certified documents and declarations |
| Business overseas | Certifying company documents and directors’ authority |
How do I find a notary?
If you are looking for notary services London, you can search online for sites such as https://bridgelawsolicitors.co.uk/notary-services-for-individuals/london/.
You should be clear with the notary as to the purpose of the document, and the country where it will be used. You should ask for the total cost in advance (including the cost of any apostille or legalisation) and take valid photo ID and proof of current address to the appointment.
Frequently asked questions
What is the difference between a notary and a solicitor?
Solicitors generally provide advice on a wide range of legal issues. Notaries specialise in authenticating documents and signatures that are to be used abroad. Many notaries are solicitors, but a solicitor who is not a notary cannot carry out notarial acts.
What is an apostille?
An apostille is a certificate which confirms that the signature, stamp or seal affixed to a public document issued by a UK authority or government department is genuine, so the document can be accepted in countries that are part of the Hague Apostille Convention. Some countries, however, require further action to be taken in relation to public documents.
Where to go next
Planning ahead for decisions at home too? Read why you shouldn’t delay registering a power of attorney.
