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.

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