Do I need a Notary Public?

What is a notary public?

In brief, English notary publics (notaries) are a small regulated legal profession of public officers. Not every solicitor is a notary. They authenticate (notarise) public records of citizens in judicial acts providing authenticated evidence on which a court and third parties can rely. Such records are, particularly, intended to be effective and relied upon abroad so eliminating or reducing further checks to be carried out.

Examples of situations where this may apply:

Sales or purchases of property abroad.
Administration of estates of someone abroad.
Foreign marriages and adoptions.
Children travelling abroad with only one parent or someone not a parent.
Emigration.
Working abroad.
Studying abroad.
Engaging in business or financing abroad including establishing joint ventures, branch offices, bank accounts and trademarks.
Claiming a pension from abroad.
Overseas litigation.
Evidencing change of name or status.
Naturalisation of foreign nationals within the UK (becoming a citizen).
Immigration Sponsorship (coming to the UK).
UK Residency confirmation.

Notaries may be instructed to take depositions for use in overseas jurisdictions, in which case the notary’s involvement is likely to be recorded by audio-visual means only and without documentation.

Examples of types of documents and actions required

Execution of powers of attorney (appointing overseas representatives in a personal or business capacity) before a notary.
Notarising copies of personal identification documents including passports.
Swearing/declaring oaths, statutory declarations, affidavits and depositions (relating to matters abroad) before a notary.
Notarising academic credentials, such as degree certificates, or professional qualifications.
Providing Declarations of Status when marrying abroad before a notary.
Notarising commercial documents for business or finance abroad.
Notarisation of company documents including company certificates of incorporation, articles of association, good standing, resolutions and minutes Notarisation of Certificates of Naturalisation for acceptance by businesses, governments, or legal organisations abroad.
Notarising Immigration Sponsorship forms.
Notarising Certificates as to Residency (CoR).
Notarising 'proof of life' pension documents.
Verifying of translations from foreign languages to English and vice versa.
Taking evidence in England and Wales as a Commissioner for Oaths for foreign courts.
Any other documents for abroad, which require a notary public seal.

The number of situations and types of documents are wide ranging. The above are only examples. Grouped together they are known as 'Notarial Acts' and this is a service which we provide. If it appears that a notary is required for something that is not listed please still contact us for further assistance.

I have been told that I need a notary public. Do I?

In such a circumstances it is likely that you are in the process of dealing with a transaction or matter with an international element, as above. Your adviser and/or an independent third party has said that you need to produce notarised documentation. If you are uncertain as to what is being requested we are able to check the position and whether a notary is, in fact, required. This may involve briefly considering the documentation involved and any written request. Whether you are in individual, or somebody representing a company, business or other organisation please contact us.

I have been asked to produce a legalised document. Why would that involve a notary public?

In order to be accepted for legalisation it is common for the document to, first, require notarisation. Information on the subject of whether a document is capable of legalisation and how it can be done can be found at: Check if documents can be legalised - Get a document legalised - GOV.UK. They list those documents which can be legalised without prior notarisation. Other professionals, particularly solicitors, are permitted to verify or certify certain documents enabling legalisation. However, it is important to find out the requirements within the country (or jurisdiction) of where the document is to be accepted or used. The document, whilst legalised, may not be accepted or used if the it has not been notarised. Again, we are here to help you by briefly considering the documentation involved and any written request. Whether you are in individual, or somebody representing a company, business or other organisation please contact us.

What if I need something authenticating/signature witnessing not involving an international element?

There are a number of situations in which a notary public can still assist you as detailed here.