A Notary Public is a member of the oldest branch of the legal profession in the United Kingdom and is a qualified lawyer. A Notary Public is appointed by the Faculty Office of the Archbishop of Canterbury and are, like solicitors, subject to rules and regulations.

What is a Notary Public?

A Notary Public is a qualified legal professional who is authorised to perform a range of important tasks related to the certification and witnessing of documents, particularly for use in foreign countries. Notaries in the UK are often involved in verifying the authenticity of documents that are to be used internationally, ensuring that they are legally valid and that the proper procedures have been followed.

Key roles and duties of a Notary Public include:

• Certifying documents: They authenticate documents such as contracts, lasting powers of attorney, property deeds, and company documents.
• Witnessing signatures: A notary witnesses the signing of documents to ensure the individuals are acting voluntarily and with full understanding.
• Administering oaths and affirmations: Notaries can administer oaths for affidavits and statutory declarations.
• Affixing notarial seals: Notaries apply their official seal to documents to confirm their authenticity, which is often required for documents to be accepted internationally.
• Verifying identity: Ensuring the individuals involved are who they say they are by checking their identification.

When might I need a Notary Public?

In the UK, you may need a Notary Public for several reasons, especially when dealing with legal documents that require authentication or certification, particularly for use abroad. Here are some common scenarios where you would need the services of a Notary Public in the UK:

1. International Use of Documents

• If you need to use documents in a foreign country, such as contracts, lasting powers of attorney, affidavits, or deeds, a notary public may be required to verify the authenticity of the documents. Notarised documents are often required by foreign governments or organisations to ensure that the documents are legally valid in their jurisdiction.

2. Property Transactions

• When dealing with property transactions, particularly international real estate, you may need a notary to witness signatures on documents like property deeds, sale agreements, or lasting powers of attorney for handling property matters in another country.

3. Wills and Estate Matters

• If you have a Will or other estate planning documents that need to be used outside the UK or in a jurisdiction that requires notarisation, a notary public can authenticate these documents. This ensures they will be accepted abroad and proves their legitimacy in the legal process.

4. Powers of Attorney

• If you need to give someone the authority to act on your behalf, especially in matters related to business or legal affairs, a notary can authenticate the power of attorney document. This is especially important when the document will be used internationally.

5. Affidavits and Statutory Declarations

• Notaries are needed to administer oaths and verify the authenticity of affidavits or statutory declarations. These documents often require a notary’s confirmation that the information within them is true and has been signed in their presence.

6. Authentication of Documents

• A notary public can authenticate copies of documents to prove they are true and accurate copies of the originals. This might be necessary for documents like passports, birth certificates, or academic records when they need to be used abroad.

7. Business Documents

• If you’re involved in international business, you might need a notary to witness the signing of documents like company formation papers, contracts, shareholder agreements, or minutes of meetings. This can ensure the documents are legally valid in other countries.

8. Preventing Fraud and Ensuring Validity

• Notaries help ensure that the parties signing the documents are doing so willingly and with a clear understanding of the contents. This helps prevent fraud or coercion, especially in important legal matters.

9. International Adoption or Immigration

• If you’re adopting a child from another country or going through an immigration process, a notary may be required to certify documents such as adoption papers, immigration forms, or affidavits for submission to foreign authorities.

10. Legal Requirements for Certain Documents

• Some documents may be legally required to be notarized in the UK to be valid in foreign countries, such as consular forms, international patents, or trademarks.

In summary, you would need a notary public when dealing with official documents that require validation, particularly for use abroad, or when you need a legal professional to certify and witness certain transactions to ensure they’re legally binding and recognised internationally.

What is Legalisation and/or an Apostille?

Legalisation is the method by which a Notary Public’s signature and seal are authenticated by the Foreign and Commonwealth Office and/or relevant Embassy or Consulate so that the work of the Notary Public may be accepted abroad.

A lot of counties require only a single certificate in this respect from the Foreign and Commonwealth Office. This certificate is called an Apostille.

In addition to the Apostille, some counties require that a further certificate is obtained from their own Embassy or Consulate.

Some counties (usually those which are, or have been, part of the British Commonwealth or parts of the United States) do not require any form of legalisation.

*For the avoidance of doubt, please note that John Chadaway’s Notarial Practice is separate from both the solicitors’ practice at BTTJ and Ben James’ Notarial Practice. Likewise, Ben James’ Notarial Practice is separate from both the solicitors’ practice at BTTJ and John Chadaway’s Notarial Practice

If you require notarial services, either as an individual or business, please do not hesitate to contact us

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After years of hard work, passing his final exam in May this year, swearing an oath before a local vicar and pledging his allegiance to the King, Ben has now officially qualified to provide Notarial Services.

What is a Notary Public?

A Notary Public is a member of the oldest branch of the legal profession in the United Kingdom and is a qualified lawyer. A Notary Public is appointed by the Court of Faculties of the Archbishop of Canterbury and are, like solicitors, subject to rules and regulations.

Setting ourselves apart from the vast majority of other law firms, we can provide Notary services to both businesses and individuals through both Ben and our other qualified Notary Public, John Chadaway, who was appointed as a Notary Public in 2015.

For the avoidance of doubt, please note that John Chadaway’s Notarial Practice is separate from both the solicitors’ practice at BTTJ and Ben James’ Notarial Practice. Likewise, Ben James’ Notarial Practice is separate from both the solicitors’ practice at BTTJ and John Chadaway’s Notarial Practice

A Notary Public can undertake a wide range of tasks including:

• Authenticating personal documents and information for use abroad (e.g. for immigration or emigration, to apply to get married abroad, to work abroad, to allow educational or professional qualifications or declarations to be recognised abroad).
• Assisting with the authentication of documents required for the purchase or sale of land and property abroad.
• Authenticating Powers of Attorney for use abroad.
• Authenticating business and company documentation and/or information and/or otherwise providing confirmations as to the status of companies or identities of their directors.

Ben says “I feel an immense sense of achievement and satisfaction on qualifying as a Notary Public.

I have been interested in becoming a Notary Public for a long time and this was partly because I wanted to work with foreign documents and jurisdictions and it also presented the chance to be a student again.

It has been a long journey however, one which started in January 2020, and in some ways was more challenging than initially qualifying as a solicitor because this time I was not a full-time student and I manage a busy caseload as a solicitor.

I want to thank BTTJ for all their support as I look forward to this next chapter of my career”.

Congratulations Ben! From all of your colleagues at Brindley Twist Tafft & James.

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