WHAT IS A NOTARY?

A Notary is a qualified lawyer - a member of the third and oldest branch of the legal profession in England and Wales. Notaries are appointed by the Court of Faculties of the Archbishop of Canterbury and are subject to regulation by the Master of the Faculties. The rules which affect Notaries are very similar to the rules which affect Solicitors. They must be fully insured and maintain fidelity cover for the protection of their clients and the public. They must keep clients' money separately from their own and comply with stringent practice rules and rules relating to conduct and discipline. Notaries must renew their practising certificates every year and can only do so if they have complied with the rules.

Functions

Notaries are primarily concerned with the authentication and certification of signatures, authority and capacity relating to documents for use abroad.

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They are also authorised to conduct general legal practice (excluding the conduct of court proceedings) such as conveyancing and probate. They may exercise the powers of a Commissioner for Oaths.

The majority of Notaries Public also practise as solicitors, but the Scrivener Notaries do not, nor do some 150 of the general notaries.

What’s an Apostille?

An Apostille stamp is a form of authentication added to documents to allow them to be used in member countries of the Hague Convention. Apostilles are usually requested by foreign authorities and organisations in order to accept a document as genuine and so they can be used for official purposes abroad.

Once an Apostille stamp is added to a document, it becomes valid for use within the Hague Convention member countries. An Apostille Stamp is also known as an FCO Apostille, as the FCO (Foreign & Commonwealth Office) is the governmental body that issues them within the UK.

Which countries accept an Apostille Stamp?

Member countries of the Hague Convention (established in 1961) will recognise and issue Apostilles for the international legalisation of documents. 

What’s the difference between Attestation and Legalisation?

These terms are used mutually to mean the same thing. Essentially this is the process of validating documents by one country to be used in another. For countries that are not part of the Hague Convention, this will need to be carried out by representatives of multiple countries on the same document, usually the country of issue and the country where the document is being presented.

Why is it necessary to have documents Attested or Legalised?

Legalisation of a document is typically required where there is a need to present an official document or certificate to a country other than the one that issued the document.

The purpose of this process is so that your UK documents will be recognised and accepted overseas. This would include applying for a Visa, Drivers Licence, Passport, Medical Registration etc outside of the UK.

This process is not usually needed if you are applying to an overseas British authority such as a British embassy or High Commission, for example when applying for a replacement passport to your own embassy. If in doubt you should check the requirements with whoever you need to present the document to.

Which documents can you Legalise?

Our service will allow you to legalise, or attest, any UK-Issued document for use outside the UK. We can also carry out the process for documents issued in Ireland or British Overseas Territories such as the British Virgin Islands, the Cayman Islands or Bermuda. Additionally, we can legalise documents issued within a British Crown Dependency (Jersey, Guernsey, Alderney and the Isle of Man).

What are the steps involved in the Attestation and Legalisation of documents?

Although the process may vary depending on the country you need to have your documents prepared for, or the kind of documents you are processing, the Attestation and Legalisation process usually includes: the certification of the document by a solicitor/Notary Public, the addition of an FCO Apostille, and further Consular Legalisation by the country where the document will need to be used.

Is the Legalisation process the same for all kind of documents?

The legalisation of documents will not only vary depending on the country you need them processed for, but also on the kind of papers you need to have legalised. For example, documents such as birth or marriage certificates will not require certification, whereas passports or educational ones usually will. Commercial documents are also treated differently. If you need some help when classifying your document in a category in order to place an order, do not hesitate to get in touch.

My document needs to be translated before/after being legalised, can you do that?

If your document needs translation before or after the legalisation process, we will of course try to assist in the process of having your document translated into many languages by a professional translator, who always work in their mother tongue.

Can photocopies be legalised?

In most cases we will require the original document to legalise it. For documents such as educational certificates and commercial documents, we will usually then certify the original and carry out legalisation on the certified copy. In most cases, we can carry out legalisation on the original if this is preferred, but please note that this is not a legal requirement. 

What identification does a Notary Public require?

Following the implementation of the Money Laundering Regulations 2007, notaries are now obliged to keep enough evidence on their files of the identity and the address of all their clients before they undertake any work.

Each person whose signature they are to certify must provide one of the following original identification documents at the time of the appointment.

 

Passport

• Driving licence (with photo card)

• National identity card (EEA state members)

• An armed force pass (with photo and signature)

• Firearms licence (with photo and signature)

• Other government issue ID (with photo and signature)

• Residence permit

• Benefit book or original notification letter from Benefits Agency

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In addition, they require proof of residence, which can be one of the following original documents:

• Bank statement or letter from bank

• Utility bill or council tax bill (not mobile phone bill)

• Tenancy agreement or Housing Association rent card

• Inland revenue tax demand or self-assessment statement

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When a Notary Public is acting for a corporate client, evidence of the due incorporation of the company or entity is required. This can be one of the following documents:

• Extract from the company register

• Certificate of incorporation

• Latest report and audited accounts

• Up to date certified copy of partnership agreement

• Evidence of being regulated by a regulatory body such as the Law Society or FSA.

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In addition to the above, each individual signatory will need to produce one of the identification documents mentioned above.

Fees

My hourly rate is £500.  There is a minimum fee charged for all Notarial Matters of £200, after which the fees will be calculated based on the time spent using the hourly rate detailed above.

Additional disbursements may be payable to cover any Apostille or Consulate Legalisation Fees. A quote for these costs can be provided on request as each countries’ requirements vary.

Appointments

Appointments can generally be offered within 2-5 working days subject to holidays and other work commitments.

Most Notarial Services can be completed on the same day however, if further legalisation is required this may take several working days to complete depending on the country involved. More information will be provided following the initial meeting.

Professional Indemnity Insurance

The Notarial work is covered by the solicitor’s firm’s Professional Indemnity Policy which covers claims up to a maximum of £2,000,000 per claim.

Regulation

My notarial practice is regulated through the Faculty Office of the Archbishop of Canterbury:

The Faculty Office

1, The Sanctuary

Westminster

London

SW1P 3JT

Telephone 020 7222 5381
Email Faculty.office@1thesanctuary.com
www.facultyoffice.org.uk

Complaints

If you are dissatisfied about the service you have received please do not hesitate to contact me. 

If we are unable to resolve the matter you may then complain to the Notaries Society of which I am a member, who have a Complaints Procedure which is approved by the Faculty Office.  This procedure is free to use and is designed to provide a quick resolution to any dispute.

 

In that case please write (but do not enclose any original documents) with full details of your complaint to :-  

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The Secretary of The Notaries Society

P O Box 1023

Ipswich IP1 9XB

Email secretary@thenotariessociety.org.uk

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If you have any difficulty in making a complaint in writing please do not hesitate to contact the Notaries Society/the Faculty Office for assistance. 

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Finally, even if you have your complaint considered under the Notaries Society Approved Complaints Procedure, you may at the end of that procedure, or after a period of 8 weeks from the date you first notified me that you were dissatisfied, make your complaint to the Legal Ombudsman, if you are not happy with the result :  

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Legal Ombudsman

P O Box 6806

Wolverhampton   WV1 9WJ 

Tel : 0300 555 0333          

Email :  enquiries@legalombudsman.org.uk            

Website :  www.legalombudsman.org.uk 

 

If you decide to make a complaint to the Legal Ombudsman, you must refer your matter to the Legal Ombudsman within one year from the act/omission or within one year from when you should reasonably have known there was cause for complaint.