MD Pryke Notary Public

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.

London Notary Public Matthew Pryke will shortly be undertaking a 191 mile Paris to London cycle ride.  This Notary Public in London is undertaking the charity ride in an effort to raise much needed funds for Crohn’s and Colitis in Childhood.  So far his London Notaries Public practice has helped to raise in excess of £30,000 which will provide fantastic support for this very important charity.  The event is kindly being sponsored by WPP and Hammonds LLP which has allowed all of the funds raised to go directly to the charity. Matthew Pryke would like to thank many of his notary clients who have been so very generous in making donations to this wonderful cause.  London Notary Public Matthew Pryke explains “Crohn’s and Colitis in Childhood is a wonderful charity and I am delighted that we have been able to assist in raising some much needed funds via our London Notary practice. Just the small matter of cycling the distance now! ”

Andy Goodman, who is organising the event on behalf of the charity explains “So far we have raised well in excess of £30,000, which is absolutely fantastic, but let’s see if we can take it a stage further.”  Matthew Pryke and a team of 33 riders will be leaving Paris on the morning of Friday 23rd July and travelling over 3 days back to London arriving in Hampton Court on Sunday afternoon.  Further articles will follow to provide progress reports on how Matthew and the rest of the team cope with this challenge.

Should you wish to make a donation please refer to http://uk.virginmoneygiving.com/mattpryke or alternatively if you would like further information about this London Notary Public practice or Matthew Pryke please refer to the website www.mdpryke-notary.com.

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.

As a UK Notary in London, I am often contacted by US citizens requesting a notarial service such as legalising a document, witnessing a document or issuing an apostille.

A UK Notary Public greatly differs from a US Notary however, so at M D Pryke Notary Public LLP we have decided to produce a series of articles illustrating the difference between US and UK Notary services.

1. Notaries Public Status

US Notaries are not regarded as a public authority.

A UK Notary is deemed to be a public official. Therefore, documents which have been notarized by a UK Notary Public can subsequently be legalised.  This process of legalisation is completed by the Foreign and Commonwealth office adding an apostille, or, alternatively, through various UK embassies.

2. Notary qualifications

In the United States of America, a Notary does not have to be legally qualified.  A US Notary may purchase their entitlement for a limited period.

A Notary Public in the UK is most often a lawyer too.  It is technically possible to qualify as a UK Notary without being, say, a Solicitor or Barrister, but one must sit an extensive series of examinations at considerable expense.

3. Notarial Commissions

In the United States a notary will pay a fee to practice for a predetermined length of time.  This period is referred to as the ‘commission’. For this reason, all US Notaries must include a reference to the expiry date of their commission.

British Notaries are qualified for an indefinite period.  Although English Notaries Public are issued with annual practicing certificates by their governing body, the Faculty Office, they are effectively a Notary for life.

To avoid any potential miscommunication, at M D Pryke Notary Public we include the phrase ‘my commission expires with life’ on all notarised documents pertaining to the United States.

For further information on the differences between UK Notaries and their North American counterparts please see other articles in this series, or alternatively contact us through the usual channels.

Notary Public at One Portland Place W1

Notary Public Matthew Pryke, today unveils his newly refurbished offices at One Portland Place in London’s West End.

‘A Notary Public service based in the City of London attracts some very high profile business names,’ says Matthew.

‘With clients as diverse as Toni and Guy International, A1GP World Cup of Motorsport, and The Children’s Investment Fund, it is vital that our Notary Public premises in London reflect the high quality notarial service we provide.

‘We have extensively refitted the reception area for our London Notary clients, and although we provide a same day legalisation service and endeavour to deal with all notarial and apostille work with great efficiency, we hope that our clients will find their surroundings as comfortable as possible.

‘Notary Public in London clients passing our door looking for a same day apostille service will be able to see our offices clearly marked on the new plaque that reads “MD Pryke Notary Public”’

For further details regarding Notary Public in London Services please contact us via the usual channels or call directly on 0207 6364422.

A Commissioner for Oaths is a person in the legal profession who is entrusted with the ability to witness the signing and swearing of documents.

Quite simply, they witness you signing a document and swearing that the information you have supplied is correct to the best of your knowledge.  Then the Commissioner for Oaths will sign to authenticate your declaration.

You may need the services of a Commissioner for Oaths if you are: changing a will, making a power of attorney or a statutory declaration, swearing an affidavit.

Can anyone be a Commissioner for Oaths?

Commissioner for Oaths are most usually Solicitors or qualified Notaries Public but other people within the legal profession such as Barristers, Legal Executives and Licensed Conveyancers are just as qualified to fulfill this role.  Be aware, however, that a Solicitor is forbidden to act as a Commissioner of Oaths in any proceedings in which they have a vested interest.  So, if you are involved in a legal case which requires you to sign an affidavit, then you must sign in front of a Solicitor who is not acting on your case.

What does a Commissioner for Oaths charge?

Although the fees charged by a Commissioner for Oaths are determined by statute, it is not unusual for prices to vary depending on where you are in the country, the VAT status of the firm providing the service, and the branch of the legal profession that one approaches to fulfill the function.  As ever, it is always advisable to obtain a quote in advance from any oaths commissioners that you approach.

However, for the most part expect to pay no less than £5 to your Commissioner of Oaths for each person making an affidavit, declaration or affirmation along with a further £2 for each additional exhibit or schedule.

For details of the fees we charge for acting as a Commissioner for Oaths please refer to the fees section of MD Pryke Notary Public LLP at www.mdpryke-notary.com