MD Pryke Notary Public

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.

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.

The current weakness of the pound presents an excellent opportunity for investors from Saudi Arabia looking to do business in the UK.

A Notary can provide valuable assistance to corporations by legalising documents (also called apostille) to ensure that all official documents are verified.  UK Notary in London Matthew Pryke has worked extensively with Saudi businesses in his position as Head of Commercial and IP Law at Wallace LLP and through his London Notary practice.

He offers the following advice to any potential Saudi investors seeking a Notary in London to provide document legalisation services.

1. Notary publics must follow various procedures depending on which country the documents to be legalised originate.  This means that some commercial documents to be used in Saudi Arabia must be obtained through the Arab-British Chamber of Commerce as well as the Foreign and Commonwealth office.  This legalisation procedure must be followed by every Notary in London and other UK Notary.

2. Notary in London Matthew Pryke offers a same day service for the majority of Notary deeds.  He advises, however, that legalising documents from Saudi Arabia may take up to a week for a Notary to complete.

3. Notarizing documents that only require legalisation by the Consular Office of the Royal Embassy of Saudi Arabia can be completed in one or two days.

4. Notary publics in London can charge a wide range of fees for legalising documents for use in Saudi Arabia.  UK Notary in London Matthew Pryke’s fees are £50 per document plus the consular fee.  The document to be legalised must first be certified by the UK Foreign and Commonwealth Office where the fee for certification is £69 per document.

5. Two photocopies are required of each document to be legalized and the name and address of the consignee or agent must appear on each document.