In the 2013 movie Pain & Gain which, as an aside is quite a fun film, one of the movie’s main character’s played by Mark Wahlburg is asked to get a document notarised and asks “what the f*** is a notary”?
In the UK, a Notary Public is a legally trained professional (usually also a qualified solicitor or barrister) who plays a crucial role in the authentication and certification of documents for use abroad. While many people in the UK are familiar with solicitors and legal advisors, notaries are a more specialised branch of the legal profession, with distinct responsibilities governed by historical legal traditions.
In the UK, a Notary Public is appointed and regulated by the Faculty Office of the Archbishop of Canterbury. This role dates back to Roman times and has evolved over centuries to meet the needs of international commerce, law, and diplomacy. All notaries in England and Wales must be qualified lawyers, usually solicitors, who have undertaken additional training to qualify as a notary.
The primary duty of a notary is to verify the authenticity of documents and the identity of the people signing them. Once verified, a notary will apply their official seal and signature, which gives the document legal credibility in foreign jurisdictions. Unlike a solicitor, whose role is to advise clients and represent them in legal matters, a notary acts as an impartial witness and does not typically provide legal advice on the content of the document being notarised.
Why might you need a notary public?
There are several scenarios where you might need the services of a notary in the UK, especially when dealing with legal matters that cross international borders. Here are some common examples:
Overseas Property Transactions
If you are buying, selling or managing property abroad, foreign legal systems often require notarised documents as part of the transaction. This can include proof of identity, powers of attorney, or certified copies of personal documents.
We are frequently asked to notarise powers of attorney in particular. They can help allow property transactions to proceed quickly by allowing the person appointed under them (the Attorney) to deal with the property on behalf of the principal.
International Business Documents
Companies engaging in international trade may need to have business documents, such as contracts, company resolutions, or powers of attorney, notarised to be accepted by foreign authorities.
We work for companies across a variety of sectors who use our services for a wide variety of reasons including setting up businesses overseas, appointing attorneys under powers of attorney to represent the business abroad, overseas litigation, banking and day to day management matters. All of these types of situations require some form of document or instrument such as a power of attorney, contract or other type of legal document to be notarised in order to be accepted abroad.
Immigration and Visa Applications
When applying for a visa or residency in another country, you might be required to submit notarised documents such as marriage certificates, educational qualifications, or employment letters.
We support individuals and businesses with the validation process to authenticate and notarise documents required to proceed with a visa application and to live and work overseas.
Travel Consents
It is increasingly common for those travelling with children where one or possibly both parents are absent to require a notarised travel consent letter from the parents confirming that they are authorised to have care for the child.
We deal with many travel consent letters around, particularly around school holiday periods, which need to be notarised in order to be accepted. This requirement for notarisation is essential as travelling without such notarised consent can result in children and their holiday guardians being held at border control whether in the UK or overseas whilst the border officials seek to determine whether the travel of the child or children has been legitimately authorised by the parents.
Affidavits and Statutory Declarations
Some countries require sworn statements to be notarised to ensure their validity and legal standing in that jurisdiction. This is particularly the case for those people and businesses involved in overseas litigation.
Apostille/Legalisation
Notarisation is often just the first step in the process of getting documents authenticated for use abroad. Many countries also require a notarised document to also be legalised or apostilled by the Foreign, Commonwealth & Development Office (FCDO) in the UK and/or legalised at an Embassy in the UK to be officially recognised abroad.
Often a notary will be able to assist with the apostille and legalisation process and we at Apex Notaries can assist with this.
Final thoughts
A Notary Public plays a vital role in ensuring that documents are properly authenticated for international use. It also reduces the risk of fraud or misuse of documents and data by having a legal professional intervene and ensure that the document is properly executed by the correct individual. As such it allows for parties in different countries to transact important business safe in the knowledge that the key transactional documents have been properly executed and that the transaction can proceed without any concern about the validity of the document. For individuals and businesses operating across borders, notarial services are often not just helpful, but essential.