What is a Notary Public, and how can they assist you?
If you’ve ever been told that a document needs to be “notarised,” you might picture the process consisting of a quick stamp and signature. In reality, a Notary Public’s role is far more important (and far more interesting) than most people realise, with ramifications for any individual or business looking to conduct legal affairs abroad.
Notaries in England and Wales are part of a small and historic branch of the legal profession, with a unique role and specialist expertise. Read on to learn more about this fascinating corner of international law, and how a Notary Public can help you to achieve a successful outcome in immigration cases, overseas purchases or sales, and more.
The Unique Role and Benefits of Notarial Services
A Notary Public occupies a unique and vital position within the legal landscape of England and Wales. As a member of the oldest and smallest branch of the legal profession, a Notary Public is a specialist lawyer holding an internationally recognised public office.
There are fewer than 800 practising Notaries, making this a particularly exclusive and highly qualified group. A Notary Public is authorised to authenticate documents for use overseas, a role that extends far beyond mere certification. Their services are indispensable in facilitating cross-border transactions, business, and legal affairs.
The Distinctive Identity of the Notarial Profession
It is a common misconception that all lawyers are Notaries. In truth, the legal profession in England and Wales is divided into three distinct branches:
- Solicitors – approximately 220,000 in practice
- Barristers – approximately 17,000 in practice
- Notaries – only around 750 practitioners.
While many Notaries are also qualified Solicitors, the reverse is not the case. Most Solicitors are not Notaries, and there is minimal professional overlap with Barristers. Notaries operate under their own set of rules, regulations, and professional standards, with a focus on international legal matters.
Solicitors vs. Notary Public: What’s the Difference?
Despite some similarities, the function of a Notary Public is entirely distinct from that of a Solicitor. First, Solicitors provide a broad range of legal services, such as litigation, conveyancing, family law, and wills & probate. Notaries on the other hand specialise exclusively in preparing and authenticating documents for use abroad.
The duties of Solicitors and Notaries also differ substantially. Solicitors are dedicated to acting in the best interests of their client. Notaries, on the other hand, owe their primary duty to the transaction itself, maintaining impartiality and reliability. This is because their work must be trusted by foreign government agencies and international partners.
There are also different qualifications required to be a Solicitor compared to a Notary. A Solicitor cannot act as a Notary unless they have separately qualified, which involves additional training and background checks.
What Services Does a Notary Public Provide?
The central responsibility of a Notary Public is the authentication and certification of signatures, authority, and legal capacity in documents destined for use overseas. These acts are not mere “rubber-stamping” exercises; the signature and seal of a Notary Public carry official recognition from the UK Foreign, Commonwealth & Development Office, as well as many foreign embassies and consulates.
Each notarial act is a formal legal record, relied upon by foreign authorities and international trading partners. Notaries must exercise meticulous care to prevent errors, omissions, alteration, fraud, forgery, and money laundering at every stage of the process.
The Key Stages of Notarial Services
Each notarial matter is unique, but typical stages may include:
- Receiving and reviewing the documents to be notarised, along with any instructions;
- Liaising with advisors or relevant bodies abroad for necessary information
- Confirming the identity, capacity, and authority of signatories
- Verifying authenticity of certified documents with issuing authorities
- Meeting with the signatory to confirm identity, voluntary execution, and correct signing
- Drafting and affixing a notarial certificate to the document
- Coordinating legalisation processes, including apostille or consular authentication where required
- Storing copies of notarised documents as per Notarial Practice Rules 2019.
When Might You Need a Notary Public?
You may require the services of a Notary Public if your overseas lawyer, business partner, or another representative requests that your document be “notarised.” Notaries ensure documents meet the formal legal requirements of both England and Wales and the receiving jurisdiction, helping to facilitate seamless international transactions.
Typical scenarios where you might need a Notary Public include:
- Preparing and executing powers of attorney for use abroad
- Authenticating company records or agreements for cross-border business
- Certifying personal documents for immigration, overseas employment, or marriage applications
- Assisting with the purchase or sale of overseas property
- Supporting overseas adoptions
- Authenticating wills and supporting documents for estates involving foreign assets or beneficiaries.
What Documents Will You Need to Provide?
The documents required at a Notary meeting will depend on your specific transaction. Generally, you should be prepared to provide:
- Evidence of your identity (passport, driving licence, etc.)
- If acting for a company, evidence of your authority to sign on its behalf
- The document(s) to be notarised, plus any instructions from the receiving country.
A Notary Public will usually review all documentation before accepting instructions or agreeing to proceed.
What if Your Document Needs 'Legalisation' or an 'Apostille'?
Many countries require official verification of the Notary’s signature and seal before accepting a document - a process known as legalisation. For some jurisdictions, an “apostille” certificate from the UK Government suffices. For others, further embassy or consular legalisation is necessary.
Your Notary Public can guide you through these processes, coordinating with the relevant authorities to ensure your document meets all international requirements.
What Does a Notary Public Cost?
The cost will depend on the nature and complexity of the document and the scope of the work involved. Notaries typically provide a fee estimate once the key details are known, such as:
- The specific service required (e.g., attestation, certification, legalisation)
- The type of document to be notarised
- The identity and authority of the signatory
- The number of documents involved
- The destination country.
It is worth noting that the notarial process is far more than a “rubber-stamping” exercise. Fees reflect the care, diligence, and professional oversight required at every stage to mitigate risks including fraud, forgery, and money laundering.
Notaries may also liaise with your foreign legal representatives, advise on jurisdictional requirements, and prepare tailored notarial certificates.
The Value of a Notary Public
A Notary Public offers specialised, internationally recognised services essential for individuals and businesses dealing with overseas transactions. Engaging a Notary Public ensures your important documents are authenticated, protected from fraud, and accepted by foreign authorities - offering peace of mind and legal certainty for all your cross-border needs.
We invite you to take advantage of our complimentary initial consultation to discuss your specific requirements. Please contact us at 0800 999 4437 or click the button below to use our online contact form and request your consultation with Notary Public, Bronwyn White. We look forward to assisting you!
