MD Pryke Notary Public

Changing a name by Deed Poll hit the public consciousness once more on Saturday night, when viewers of the X Factor saw a performance by a contestant called ‘Storm’. Simon Cowell said, ‘I’m not going to call you Storm any more…. What’s your real name, the name you were born with?’

The contestant revealed that he had changed his name by Deed Poll from ‘Lee Gardner’ to ‘Storm Lee Gardner’.

Changing a name by Deed Poll is legally binding and the contestant had every legal right to insist on being called by his new name.  The name change by Deed Poll took place when Storm was 16 years old and so he wouldn’t have needed parental permission to change name.

If a minor wished to change a name by Deed Poll the situation becomes more complicated with permission for the name change required from every party deemed to have parental responsibility.  The contestant has claimed that he changed his name by Deed Poll name because he was being bullied at school, but there are many different reasons for people changing name by Deed Poll.  Some people change name by Deed Poll after marriage or divorce, others change name to signal a break from their family and many more change name to signify a new start.

For the vast majority of Deed Poll name changes where the person wishing to change name is over 16 years of age the process is straightforward.

Simply visit our completely free Deed Poll name change download and follow the three easy steps to make your Deed Poll name change legal and officially recognised.

Ever since we launched our free Deed Poll download, MD Pryke Notary Public LLP has received a substantial number of enquiries regarding how to use a Deed Poll document to obtain further documentation.  We have used these Deed Poll queries as the basis for these Frequently Asked Questions:

How do I use my Free Deed Poll download to apply for a new Passport?

Simply enclose your Deed Poll certificate with the Passport application.  If you feel that the authorities may mislay your Deed Poll, you may wish to visit a Notary Public or a solicitor to obtain some official certified copies.

Is my free name change legally binding?

The free Deed Poll document is legally binding and will be accepted as proof of your name change by all government agencies.  It will also be accepted by Banks and Building societies, the DVLA and medical agencies.

Can I avoid creditors by changing my name by Deed Poll?

No.  It is illegal to change your name for the purpose of trying to avoid debts or to misrepresent yourself in any way.  Once you change your name by Deed Poll you are obliged to inform all official agencies of the name change.

Can I use my Deed Poll to change my Birth Certificate?

It is highly unusual to change the name on a Birth Certificate.  The Birth Certificate is an official record that declares a person’s name in their infancy, rather than the name they wish to assume.  There are certain circumstances where Birth Certificates can be altered but a Deed Poll is not used to make these changes.

For further information on any aspect of changing a name by Deed Poll, please contact MD Pryke Notary Public LLP via any of the usual channels.

A Deed Poll is a document used for legally changing name.  Whatever the reason for a name change (changing a surname after divorce for example, or changing a first name) it can be completed free of charge by using an MD Pryke Notary Public LLP Deed Poll form as laid out below.

A Deed Poll is a term with which most people are familiar.  If they are intent on a new name people believe they must visit a Solicitor or a Notary Public to change name legally by Deed Poll.  A legal name change, however, is a simple process and can be completed free of charge in three easy steps.

Free name change step 1.

Download a free Deed Poll here

Free name change step 2.

Simply open the Deed Poll thumbnail and follow the instructions written in red.  You must delete the red writing and replace it as per the Deed Poll instructions.

Free name change step 3.

Once you have filled in the Deed poll, you must sign it and get it witnessed by an independent third party as per the instructions on the Deed Poll.

Once your Deed Poll is filled out correctly, you have now changed your name by Deed Poll.

Your name change is now 100% legal – KEEP THE DOCUMENT IN A SAFE PLACE!

Should anyone question your new name, this completed Deed Poll certificate will verify your change of identity.  To change your name on a Passport, government document, etc, you will need to present either your original Deed Poll or an official certified copy.

For further information on our free legal name change Deed Poll, or on any of our Notary Public Services please contact Matthew on 0207 6364422.

Notaries Public practising in the UK are obliged to use a Notary stamp to authenticate documents.  UK Notaries Public must use a steel Notary stamp that is unique to their Notarial Practice, unlike their US counterparts who use a rubber Notary Stamp, similar to those used by Banks and Building Societies.

At MD Pryke Notary Public LLP we use a steel Notary stamp as pictured below

Notary Stamp used by London Notary Public, Matthew Pryke

Which creates a Notary stamp imprint as follows

UK Notary seal, example of...

For more information on UK Notary stamps, please contact M D Pryke Notary Public LLP  through the usual channels.

Legalisation of Police Clearance Certificates can be a complex subject for Notaries as well as for the general public.  As a Notary Public firm working in London, MD Pryke Notary Public LLP are often asked to clarify which types of certificate require legalisation, and which can be processed without Notarial involvement.

Essentially, there are three distinct types of Police Clearance Certificate in the United Kingdom and their legalisation requirements vary.

The Subject Access Letter does not require the signature of a Notary to be legalised, as a signature from an officer of the Criminal Records Bureau will suffice.  The Foreign and Commonwealth office hold the signatures of the relevant officers on their database for future reference.

The Police Certificate for use in Immigration matters is relevant only for the United States, Australia, Canada, New Zealand and South Africa and does not require additional legalisation or further certification of any kind, therefore a Notary will not be required.

In Scotland, however, the Criminal Records Bureau issue a document called Disclosure which must be certified by a Notary Public (or a practising Solicitor, Barrister, or certain types of Legal Executive) before they can be legalised.

Should you require further information concerning any aspect of Legalisation, Notary Services in London, or the Notarial process in general, please contact MD Pryke Notary Public LLP on 0207 6364422 or via the contact form on our website.

This is the second article in a series that details the Apostille process.

Article 1 dealt with: The need for an Apostille Certificate, What a typical Apostille Certificate looks like, which countries accept them and the information they include.

Are all Apostille certificates the same?

No.  Although Apostille certificates were introduced by the Hague Convention of January 1965 to provide a standardised set of rules governing legalisation between member states, there are certain exceptions.

As of July 2010 the Legalisation office in Milton Keynes declares that all Apostilles issued for use in Russian child adoption cases must now be square as indicated below.

Square Apostille Certificate

For further information on the new Apostille Certificates pertaining to Russian child adoption cases, please contact London Notary Public Matthew Pryke through the usual channels.

States that accept the official apostille certificate

The Hague Convention of Jan 1965 decreed that some documents used in foreign states would no longer require further legalisation provided that they had an Apostille certificate attached.  Some countries, however, will still require further legalisation such as China and India amongst others.

This is the second in a series of free articles from MD Pryke Notary Public LLP detailing all aspects of the Apostille process.

Article 1 entitled ‘Apostilles – a brief guide’ dealt with: The need for an Apostille Certificate, the information contained on an Apostille Certificate, and why some countries do not accept them.

Apostille Certificates are accepted by the following states at the time of publishing.

Countries not listed below may still accept an Apostille but often require further legalisation.

A

Albania Andorra Antigua and Barbuda Argentina Armenia Austria Australia Azerbaijan

B
Bahamas Barbados Belarus Belgium Belize Bosnia Botswana Brunei Bulgaria

C

China Colombia Cook Islands Croatia Cyprus Czech Republic

D
Denmark Dominica Dominican Republic

E
Ecuador El Salvador Estonia

F
Fiji Finland France

G
Georgia Germany Greece Grenada

H
Honduras Hong Kong Hungary

I
Iceland India Ireland Israel Italy

J
Japan

K
Kazakhstan Korea

L
Latvia Lesotho Liberia Liechtenstein Lithuania Luxembourg

M
Malawi Macedonia Malta Marshall Islands Mauritius Mexico Monaco Moldova Mongolia Montenegro

N
Namibia Netherlands New Zealand Norway

P
Panama Poland Portugal

R
Romania Russian Federation

S
Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Samoa San Marino Sao Tome and Principe Serbia Seychelles Slovakia Slovenia South Africa Spain Swaziland Sweden Switzerland

T
Tonga Trinidad and Tobago Turkey

U
Ukraine United Kingdom USA

V
Vanuatu Venezuela

For further information on any aspect of the Apostille process, please contact MD Pryke Notary Public LLP on 0207 636 4422.  Apostille Certificates form a central part of our London Notary service and we’ll be happy to answer any questions you may have.

“Apostille” is a term many people find puzzling.  At M D Pryke Notary Public LLP we are often contacted by clients who have been told to obtain an Apostille from a Notary Public but are uncertain what this entails.  This is the first article of series to explain all aspects of the Apostille process.

What is an Apostille certificate?

An Apostille is a legalisation certificate which verifies that the signature, seal or stamp on a public document is genuine.  It is attached to documents so that they will be recognised in member states without the need for further legalisation by Embassies or Consulates.

Why do some countries accept Apostille certificates while others don’t?

The requirement for Apostille certificates was created by the Hague Convention of 1965.  Members of the Hague Convention agree on rules to ensure that all member states deal with certain matters in the same way.  In Jan 1965 they agreed that certain documents for use in foreign countries could forgo the need for further legalisation if they had an Apostille certificate attached.  Essentially, it streamlines the process of recognising foreign document making the whole process more efficient.

What does an Apostille look like?

Apostille

What information is included on an Apostille?

As detailed on the above example an Apostille contains the following information:

1. The country where it was first issued

2. The name of the signatory

3. The signatory’s capacity i.e. A Notary public, Solicitor

4. The issuer’s stamp of authority

5. The details of any official seal on the document

6. The place and date of issue

7. The unique number of the individual certificate

Which countries will accept an Apostille?

For a complete list of which countries will accept an Apostille please visit a further article in this series titled Apostille friendly countries.

For more information regarding Apostilles and the cost of obtaining one through MD Pryke Notary Public LLP, please contact us through the usual channels.

UK Notaries Public – How they differ from US Notaries – Part 3

This is the third article in a series that details the differing notarial procedures in the United Kingdom compared to US Notary practices.

Article 1 dealt with: The professional status of Notaries Public, The qualifications required to practice as a Notary, and the US concept of a ‘commission‘.

Article 2 highlighted: Notarial duty of care, Legal protection and insurance for Notaries, and Notary fees

7. Identity verification required by UK Notaries

A Notary practicing in the United States is not required to take measures to corroborate either the identity or the authority of their notarial clients.  Further, when witnessing a signature or notarizing a document, US Notaries only require one item of identification.

A UK Notary must identify the individual with two forms of identification, both of which must comply with UK money laundering regulations.  A British Notary must also determine whether the intended signatory possesses the requisite authority to sign.  For example when a Director signs either for themselves or on behalf of a company, the Notary must ascertain their mandate for so doing.

Furthermore, a Notary is required to ensure that the document is executed in a manner required by the laws of England and Wales (e.g. power of attorney being signed in the presence of a witness as a deed)

8. Notarisation process

US notaries generally notarise a document with a rubber Notary stamp similar to those used by a bank or post office.

UK notaries use a steel stamp unique to their notarial practice.  See below for the official MD Pryke Notary Public seal:

Furthermore, most UK notaries will rivet the notarized document and tie with ribbon to ensure that it is secure.  This procedure ensures that no pages can be added or removed after notarization.

For more details on the different working practices between a UK Notary and their US equivalents please refer to other articles in this series, or else contact us via telephone, post or email.

This is the second in a series of articles highlighting the differences in working practices between US Notary services and those in the United Kingdom.

Article 1 dealt with: The professional status of Notaries Public, the qualifications required to practice as a Notary, and the US concept of a ‘commission‘.

4. Notarial Duty of Care

One of the key distinctions between UK and US notaries public lies with the view of their respective legislatures concerning a Notary’s legal responsibility.

In the United States a Notary Public is not required to observe such a significant duty of care as UK Notary might be expected to.  In UK law, notaries are not only expected to understand each and every aspect of the documents that they notarize, but also have a duty of care to ensure that the signatory understands too.

This means that a UK notary has a far greater responsibility to a signatory, hence the need for professional indemnity insurance.

5. Legal protection and Insurance for Notaries

UK notaries are required to insure themselves through professional indemnity cover to a minimum level of £750,000.  In reality most UK notaries will carry several million pounds worth of professional indemnity insurance.

Notaries Public operating in the United States of America have no professional obligation to seek insurance, therefore incur significantly lower operating costs than their UK equivalents.

6. Notarial Fees

US notaries typically charge a fee of $5 to $10 per document.

The Faculty Office requires UK Notaries to “charge a reasonable fee which is appropriate for the services undertaken”.  Therefore most UK notaries will charge a fee of somewhere between £60 and £120 per document.  US citizens requiring a Notary in the UK should be aware that larger companies will charge Value Added Tax of 17.5% in addition to their ‘per document’ fee.

Anyone seeking clarification on US Notary vs UK Notary matters please refer to other instalments on this topic, or contact us via email.