If you are buying or selling a property abroad, you are likely to need the services of a Notary. Businesses involved in litigation overseas will also often need a Notary. We have three Notaries at CWJ so can usually be of help at short notice.

Notaries are qualified lawyers who are members of the oldest branch of the legal profession in the United Kingdom. Notaries are appointed by the Archbishop of Canterbury and they are ultimately under his jurisdiction rather than the Law Society.

There are only about 850 practising Notaries in England and Wales. Most Notaries are solicitors but not many solicitors are Notaries!

WHAT DO NOTARIES DO?

As indicated above, Notaries are primarily concerned with the preparation and authentication of documents for use abroad. These are often powers of attorney. The signature and seal of the Notary appearing on a document can be relied on internationally although for historical reasons Notaries do not pay a significant role in United Kingdom domestic matters.

LEGALISATION AND THE APOSTILLE

The Notary’s seal has historical origins going back for many centuries and is of great importance for establishing the genuineness of a document.

A Notary’s seal will be registered with The Foreign & Commonwealth Office and with many foreign embassies and consulates and procedures operate for the seal to be authenticated by these authorities which is known as legalisation. Many countries are now signatories to an agreement which enables documents bearing the Notaries signature and seal to be authenticated just by the Foreign & Commonwealth Office, which will annex an “Apostille” to the document; (this is simply a certificate authenticating the identity of the Notary).

FRAUD PREVENTION

Prevention of fraud is a key note in the work of a Notary and clients are therefore always asked to bring proof of their identity with them to any meeting with a Notary. The Notary will also need to be satisfied that a person appearing before him understands any document, particularly one which is not in English.

A Notary has a duty to keep a record of any document prepared following a meeting with a client as a permanent record.

The procedures involved are much more complex than just swearing on oath or making a declaration for documents to be used in England.

For further information or to book an appointment with one of our notaries, please contact Linda Chadwick on 01689 887887 or email her at linda.chadwick@cwj.co.uk.