What are Notary Publics?

What do we do?

Notaries Public do many things, but the four most common are these:

  1. Acting as a guarantor for documents that will be used abroad – anything from a Power of Attorney to buy a house in France to swearing a witness to an Affidavit that is to be used in a court case in Sydney.
  2. Preparing certificates of English law for use in court cases abroad.
  3. Entering notes of protest for the Masters of Merchant Vessels.
  4. Noting and Protesting Bills of Exchange (a way of paying for international transactions).

What is ‘Legalisation’?

For many countries in the world the seal and signature of a notary public from another jurisdiction is not enough. Another layer of formality is required, which is often called ‘legalisation’. As a rough guide there are three ways of going about this, dependent on to which country the document is going.

Many countries in the world (the UK included) are signatories to what is called the Hague Convention. These countries rely on a sort of stamp called an ‘Apostille’ to guarantee the authenticity of a notary’s signature and seal. In the UK the Foreign and Commonwealth Office is the sole issuer of Apostilles.

Those countries that are not signatories to the Hague Convention will require their consulates in London to stamp the document. A few countries require both the Apostille and the Consular stamp.

Documents going to the Middle East often have to go to the British-Arab Chamber of Commerce first of all, prior to the London Consulate of the destination country.

What do I need to know?

I’ve got to be sure that I know:

  • Who you are
  • You are able to do what you intend to do
  • You understand the papers in front of you
  • You intend to be bound by whatever it is that you are signing

This is usually easy when it’s an individual and the document is in English but it can be tricky if it’s say a Limited Company giving a Power of Attorney which is written in Thai.

I can arrange for translations to be made, and in some cases I will need to check that the foreign text says what it ought to say.

For individuals I will need to have proof of who you are and where you live (so passport and driving licence). For companies I will probably have to obtain some documents from Companies House as well.

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