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.

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.

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

Okay, so you’ve been told that you need to legalise a document.  The chances are that you are doing business abroad and, because the documents relate to a different judicial system, you must have them officially legalised.  This effectively means that you are required to run the documents past an officially approved third party to validate their authenticity such as a UK Notary.

Matthew Pryke is a fully qualified UK Notary Public who provides a complete range of legalisation solutions and UK Notary services from his offices in London’s West End.  He has produced this brief guide to enable people who require a document to be legalised in the United Kingdom to fully understand their UK Notary legalisation options.

Five Legalisation tips everyone should know

1. Always obtain a legalisation fee quote in advance.   Any UK Notary should be able to give you a clear idea of how much the procedure will cost you in advance of retaining their services.

2. Shop around.  As with any consumer choice it pays to compare the legalisation marketplace.  Prices vary considerably.  Some UK Notaries charge VAT on their prices.  Others do not.  This will save you 17.5% of the fee before you even begin to compare services.

3. The legalisation process can be lengthy.  It may be necessary to queue for hours on end at certain Embassies and Consulates.  This may be acceptable if you can spare the time and manpower, otherwise your UK Notary may be able to recommend cost effective solutions to obtain this on your behalf.

4. Make sure that you give your UK Notary clear instructions as to the deadline for receiving the legalised documents. The Foreign and Commonwealth Office (who administer apostilles) offer differing levels of service and cost depending on how quickly the documents must be legalised.  If your documents are not urgent, take care that you are not paying a premium for a service that you don’t require.

5. Ask questions.  Experienced UK Notaries Public will be aware that this may all be new to you and will be able to reassure you over any complexity that arises and to explain the issues in clear, plain English.

If you have any queries about the UK Legalisation process, please contact M D Pryke Notary Public LLP and they will be delighted to address your concerns.

London Notary Public Matthew Pryke has today (5 May 2009) launched a new internet TV channel, London Notary Public TV. This London Notary Public practice has produced a number of short video clips to provide guidance to individuals and businesses looking to use the services of a Notary Public in London. The channel also provides some further information regarding the London Notary Public practice of M D Pryke Notary Public, which is based in Mayfair.

London Notary Public, Matthew Pryke explains, “The new internet TV channel provides a short guide for people who may not have used the services of a Notary Public previously and therefore want to know what they should expect. Hopefully this video guide proves to be a useful initial resource for individuals seeking the services of a London Notary Public.” For an example of the content produced by London Notary Public TV please refer to the embedded link below regarding Notary Public services.