Notary Services
Introduction
A Notary is an officer of the law who holds an internationally recognised public office. The qualification and regulation of Notaries is monitored by the Faculty Office of the Archbishop of Canterbury.
The duty and function of a Notary is to prepare, attest, authenticate and certify deeds and other documents, for use anywhere in the world. His signature and official seal renders them acceptable, as proof of the matter attested by him, to the judicial, or other public authorities in the country where the document or instrument is to be used.
Clients often require notarial services when dealing with overseas matters. A Notary mainly acts independently of the parties to the transaction and is legally trained to witness, authenticate and certify the execution of documents required or intended for use outside the UK. The process of authentication usually involves the following:
Notarisation:
- The Notary authenticates the execution of the document.
Legalisation:
- The Foreign and Commonwealth Office certifies that the Notary is a UK Notary by attaching an Apostille to the document.
- The Consulate of the country where the document is to be effective may certify that the Apostille is authentic.
What Functions Does A Notary Perform?
The most common functions performed by a Notary are:
- Authentication of signatures on documents e.g. witnessing the execution of a power of attorney for use abroad.
- Verification of the identity and capacity of the person signing the document.
- Certification of verified facts such as the status of a UK company, that a degree certificate is genuine or a copy document is a true copy.
When Might I Need A Notary?
You will need a Notary if:
- You need authorisation of documents and information that will be used in foreign countries.
- You want to buy a property abroad.
- You need legalisation of certain documents.
- You have business overseas or your business is exporting goods abroad.
- You are registering trade marks in international jurisdictions.
- You are involved in litigation in foreign courts.
When Should I Contact A Notary?
It is important that a Notary is contacted as early on as possible as requirements vary from country to country and further authentication from the Foreign and Commonwealth Office or appropriate Consulate is often necessary. By virtue of the international status of his office, the signature and seal of a Notary is recognised as evidence of a responsible legal officer in most countries of the world.
What Should I Do Before Seeing A Notary?
Getting ready
Obviously, each case is likely to be different but usually the Notary will:
- Expect you to make an appointment.
- Need you to bring good evidence of identity. Generally this will have to be a current valid passport and something like a Council tax bill, bank statement or utility bill to confirm your address (not a mobile phone bill).
- Need to be satisfied that you understand any document particularly a document that is not in English.
- Want to see any papers or documents that relate to the matter.
Please note!
It helps a lot if you can send via e-mail or fax a copy of your document to the Notary before your appointment.
How Long Will It Take?
If the document is straightforward, already prepared and in the correct form the Notary is likely to need to see you for a minimum of 15 - 20 minutes and complete the notarial act in approximately half an hour. Obviously it takes longer if the document is not straightforward, or he has to draw up the document or make a proper copy. Many countries want documents to be countersigned by their London Embassies (legalisation) and this will take several days unless you want to take them to the Embassy in person and wait in line. The fees and procedures for this vary widely but the Notary should be able to give you a reasonable estimate of the time and cost.
When Can I See A Notary?
Availability
Notaries keep normal office hours. However at M D Pryke Notary Public we pride ourselves on remaining flexible to meet the needs of any situation. We will therefore make arrangements to see you out of hours or out of the office if it is essential. However this may cost more and potentially take longer. Please contact us immediately to discuss