‘Notary Public’ - what’s that then?

You may have heard of a Notary Public before, but many people, including those in the legal profession, don’t fully know what they do or how their role came about. So here are a few answers for you, along with a cute picture of a quizzical dog named Mia because…why not throw a little cuteness into the mix to help the information go down. (No this method is not scientifically proven. No this does not concern us because, look at its cute face!!)… Read on.

 What is a Notary Public?

There are generally three main branches of the legal profession in the United Kingdom: Solicitors, Barristers and Notaries Public. A Notary Public is a member of the third and oldest branch. A Notary is a qualified lawyer who has taken the oath of allegiance to the King under the Public Notaries Act 1843 and has been appointed by the Court of Faculties of the Archbishop of Canterbury, subject to regulation by the Master of the Faculties.

What does a Notary Public do?

A Notary Public specialises in authentication of documentation, certification of signatures, authority and capacity relating to documents specifically for use outside of the United Kingdom i.e., abroad. They can also arrange for legalisation of the documentation and/or obtain an Apostille (more on what ‘legalisation’ and ‘apostilles’ mean later).  

A Notary Public can prepare and oversee a variety of documents used internationally by individuals and businesses, and are often involved in:

·         The sale and purchase of land or property abroad, such as French and Spanish holiday homes

·         Applications to marry abroad e.g. most fashionably at beach resorts or chic vineyards

·         The formation of a company’s subsidiary company or branch abroad

·         Applications to work abroad

·         Overseas child adoptions

·         The preparation and execution of power of attorney for use in a foreign jurisdiction

·         Certification of company constitutional documents for use abroad

·         Shipping documents

·         Transactions for foreign commercial contracts e.g. import & export of goods

·         In fact, the list can go on, as a Notary Public’s work exposure can be as diverse as they wish it, as a Notary Public is very often required for any document that is to be relied upon internationally.  

Notaries cannot simply take a copy of a document and rubber-stamp it. 

A Notary Public’s practise includes the careful consideration of documentation and, regularly, the seeking of additional evidence required to enable foreign lawyers and consulars of foreign jurisdictions to trust that what has been notarised in England and Wales can be relied upon. A Notary Public can also advise upon whether the document needs further legalisation in the form of an apostille from the Foreign, Commonwealth and Development Office (FCDO) or whether it needs legalisation from the relevant embassy or consulate to ensure the document will be seen as legal in the receiving jurisdiction. What’s an ‘apostille’? I hear you say. More on that later.

Are all solicitors Notaries Public?

Nope. Whilst many Notaries Public are dual qualified as a Solicitor, there are far fewer Notaries Public compared to solicitors. At present, there are in and around 200,000 solicitors in England and Wales. There are only in or around 770 Notaries Public across England and Wales combined. Whether you need a notary public or solicitor, will depend upon the requirements of the receiving foreign jurisdiction of the documents. You will need to be clear on this to avoid the risk of the document being rejected in the receiving country, and if you’re a solicitor reading this – you will need to ascertain this to avoid having yourself a very unhappy client should you have signed or witnessed a document as a solicitor when in fact a Notary Public was needed. If the document is rejected by the country abroad, this can have huge cost implications and/or emotional implications e.g., when assisting with a child adoption or relocation abroad to meet new employment start dates.

How does a Notary Public differ from a solicitor?

A Notary Public has undergone specific additional training and background checks to be admitted and take Oath as a Notary Public. A solicitor’s primary duty is to act in the best interests of their client; however, a Notary’s duty is specific to ensuring the legal authenticity of the document being notarised, and ensuring it complies with current worldwide standards- hence the profession and the documents they prepare and personally seal, are recognised all around the world. Fun fact for the stationary lovers out there, when a Notary Public is admitted, they are required to have a uniquely designed seal which tends to be personal to them as its designed by themselves, which they use to stamp/seal a document which they notarise. Their seal and signature can be relied upon internationally, and often legal documents need to be notarised specifically by a Notary Public for them to even be considered as legal, internationally.

What is the difference between ‘notarised’, an ‘apostille’ and ‘legalisation’?

A foreign country may require a legal document to be notarised by a Notary Public for that receiving jurisdiction to consider it legal, as explained above. Additionally, however, a foreign jurisdiction may also require the notarised document to undergo further legalisation above and beyond the seal of the Notary Public. This is the process in which the Foreign, Commonwealth & Development Office (FCDO) authenticates the Notary Public’s signature and seal confirming it as genuine, and provides a certificate called an apostille onto the notarised documents. The relevant embassy or consulate of the receiving jurisdiction may also need to legalise the notarised document.

Whether a document needs to be notarised specifically by a Notary Public (rather than a Solicitor or Commissioner for Oaths) or if the document needs to be legalised with an apostille or require further embassy or consular involvement for the legalisation process, varies from country to country. It depends on the requirements of that receiving jurisdiction, and whether that country has signed The Hague Convention of 5 October 1961.

As part of our services at Emmtoria Law, our Notary Public can help you to identify the appropriate requirements for you or your client if you are a solicitor, and arrange for the relevant legalisation. If your document is urgent, we can also arrange for an express service.

How much does a Notary Public cost?

Our fees vary depending on the number of documents needing to be notarised, and the amount of work involved. Sometimes liaising with the lawyer of the receiving jurisdiction is necessary, particularly in business transactions. It can sometimes even be necessary for the Notary to be present for a company’s Directors’ Board Resolution depending on the constitution of the company. Whatever is involved, very often, a Notary’s services are needed at short notice. At Emmtoria Law, we will always take the time to speedily identify what is required, liaise with any third parties if further information is needed, and provide you with a clear quote prior to undertaking any work. If agreed, very often we can provide a same day service.    

How can Emmtoria Law help?

If you or your business requires the assistance of a Notary Public, or if you are a Solicitor whose client needs the assistance of a Notary Public for you to complete a transaction, at Emmtoria Law, we can assist you. Call us today on 0330 056 5820 or email us at hello@emmtoria.co.uk or visit our website Notary Services page here to request a quote or book an appointment.

Our appointments can be arranged to take place at our offices, or due to our prime location just off the M69, M6 and A5, we can readily visit you* throughout the Midlands covering Hinckley, Rugby, Coventry, Leicester, or the surrounding areas. Due to Emmtoria Law’s use of digital and biometric onboarding technology, it may not even be necessary for an in-person meeting.

*Please note additional charges may apply if travel is needed. A meeting may still be required even if digital and biometric onboarding technology is undertaken, depending on the nature of the work. We shall advise you of all options and costs prior to work being undertaken and/or at all reasonable junctures. We are committed to always encouraging the most cost-effective options for you.