Glossary
Acknowledgement
A notarial act in which an individual appears before a notary and acknowledges that they have signed a document voluntarily for the purposes stated in the document. An acknowledgement is commonly required for powers of attorney, declarations and other documents intended for use before foreign courts or government agencies.
Affidavit
A written statement made under oath or affirmation before a notary public or other authorised officer, normally used in court proceedings. An affidavit is a sworn document: the person making it (the deponent) confirms that the contents are true and may face criminal penalties for a false statement.
A certificate issued by the Foreign, Commonwealth and Development Office (FCDO) that authenticates the origin of a public document for use abroad. The apostille confirms that the notary's signature and seal on the document are genuine. It is only available for documents going to countries that are members of the Hague Apostille Convention. For non-member countries, Embassy Legalisation is required instead.
The FCDO typically processes apostille applications within a few working days, though timescales can vary.
Apostille vs Legalisation
An apostille is a specific form of legalisation used between countries that are members of the Hague Apostille Convention. If the destination country is not a Hague Convention member, full Embassy Legalisation is required instead. In some cases, both apostille and embassy legalisation may be required, depending on the receiving authority.
This is one of the most commonly misunderstood aspects of international document authentication, and getting it wrong can cause significant delays.
Authentication
The process of verifying the authenticity of a document or signature, often involving a notary public certifying a document's genuineness. Authentication is distinct from legalisation: authentication is carried out by the notary, whereas legalisation is the subsequent process of having the notary's own signature and seal verified by the FCDO and, where required, the relevant embassy.
Certification (Chamber of Commerce)
Some embassies and consulates, particularly those of countries in the Middle East, Asia and parts of Africa, require a document to be certified by the relevant Chamber of Commerce before they will accept it for legalisation. This is an additional step in the authentication chain and is separate from the notarisation itself. It is most commonly required for commercial documents such as certificates of origin, company documents and invoices.
Certified Copy
A copy of a document certified by a notary public as being a faithful and accurate reproduction of the original. The notary must examine the original document before certifying any copy, so please bring original documents to your appointment. A certified copy bears the notary's signature, seal and certification wording, making it acceptable to foreign authorities in a way that a simple photocopy would not be.
Certified copies are commonly required for passports, degree certificates, birth and marriage certificates, company documents and powers of attorney intended for use abroad.
Certified Translation
A translation of a document into another language, accompanied by a signed statement from the translator confirming that it is a true and complete translation. If a document is in a foreign language you do not sufficiently understand, a certified translation may be required before or alongside notarisation. Some foreign authorities will only accept documents submitted in their official language.
Commissioner for Oaths
A notary public is also designated as a commissioner for oaths in England and Wales, authorised to administer oaths and affirmations for legal documents and proceedings.
Conveyancing
The legal process of transferring property from one owner to another. Notaries authenticate related legal documents intended for use in foreign jurisdictions, for example where a UK resident is purchasing or selling property in Spain, France, Portugal, the UAE or elsewhere. Documents such as powers of attorney for property transactions abroad frequently require notarisation and legalisation as part of that process.
Counter-Signatory / True Likeness Certificate
A person who countersigns a document or photograph to confirm that its contents are accurate or that a photograph is a true likeness of the named individual. Notaries can provide true likeness certificates, which are often required for passport applications or identity verification purposes where a professional person of standing is required to confirm the identity of the applicant.
Deed
A legal document that is signed, witnessed and delivered to effect a conveyance or transfer of property, or to create a legal obligation or contract. In an international context, deeds and instruments executed as deeds, including powers of attorney in deed form, frequently require notarisation before they will be accepted by foreign authorities or notaries. Some jurisdictions, notably Spain and other civil law countries, require powers of attorney to be in the form of a public instrument.
Deposition
A sworn statement given by a witness (the deponent) for use in foreign legal proceedings, taken before a notary public. A deposition is distinct from an affidavit in that it is typically prepared in a specific form required by the foreign court or authority, and may involve examination of the witness by a legal representative.
e-Apostille
A digital form of apostille incorporating advanced security features including digital signatures and electronic verification. The FCDO has begun issuing e-Apostilles as part of a modernisation programme. However, not all countries currently accept them: some still require a paper apostille attached to a physical document. Before relying on an e-Apostille for your destination country, it is important to confirm in advance that the receiving authority will accept it.
Embassy Legalisation (Consular Legalisation)
The process of having a document legalised by the embassy or consulate of the country where the document will be used. This is typically required after FCDO legalisation (apostille), and for countries that are not members of the Hague Apostille Convention it replaces the apostille process entirely.
Embassy legalisation requirements vary by country, and some embassies have specific requirements regarding document format, translation and the order in which steps must be completed.
Faculty Office
The authority that regulates notaries in England and Wales, operating under the supervision of the Archbishop of Canterbury. The Faculty Office appoints notaries public, maintains the register of practising notaries and oversees professional standards.
FCDO's Legalisation Office
The UK government department responsible for issuing apostilles and overseeing the legalisation process for documents to be used abroad. The FCDO's Legalisation Office verifies the signatures and seals of UK public officials and notaries on documents before issuing the apostille certificate. It is not possible to obtain an apostille without first having the document notarised where notarisation is required.
Hague Apostille Convention
An international treaty that simplified the authentication of documents for use in member countries, allowing certification by apostille rather than the lengthier process of full consular legalisation. A full list of member countries is available at hcch.net. Documents destined for non-member countries require Embassy Legalisation instead.
It is worth verifying that the specific authority receiving your document in the destination country recognises the convention, as acceptance can vary even within member states.
Identity Verification
Notaries are required by law under the Money Laundering Regulations to verify the identity and address of every client before undertaking any work. You will need to bring original photo ID (such as a passport or driving licence) and a recent proof of address (such as a utility bill or bank statement dated within the last three months).
Please do not sign documents before your appointment: a notary can only witness or certify a signature made in their presence.
Jurat
The part of an affidavit where the notary public states that the document was sworn before them, including the location, date, and the notary's signature and seal. The jurat is the formal record that the oath or affirmation was properly administered. Without a correctly completed jurat, an affidavit may not be accepted by the receiving court or authority.
Legalisation
The process by which a notary's signature, seal or stamp on a document is verified by the FCDO and, if required, by the relevant embassy, to confirm its legitimacy to foreign authorities. Legalisation is the umbrella term for the full chain of authentication required to make a UK document acceptable abroad. The exact steps involved depend on the destination country and the type of document. Malcolm Gregory can guide you through the full process from notarisation through to final legalisation.
Notarial Act (Notarisation)
An act performed by a notary public, such as witnessing signatures, administering oaths and certifying documents' authenticity. Notarisation is not simply a rubber stamp: even the simplest job requires significant background work to ensure full compliance with domestic and international requirements, including checking the identity of the parties, verifying the nature of the document and confirming what is required by the receiving authority abroad.
Notarial Certificate
A certificate issued by a notary public attesting to the performance of a notarial act. The notarial certificate sets out what the notary did, the date and place of the act, the identity of the parties involved, and the notary's signature and seal. The form and wording of a notarial certificate will vary depending on the type of act and the requirements of the receiving country.
Notarial Seal
A seal used by a notary to authenticate documents, bearing the notary's name and other prescribed information. The seal is applied to all notarial acts and is one of the features that makes a notarised document recognisable to foreign authorities. It is the notary's seal and signature that are verified during the legalisation process.
Notary Public (England and Wales)
A qualified officer of the law appointed by the Court of Faculties (an arm of the Church of England operating under the Archbishop of Canterbury), whose function is to serve the public in non-contentious matters. A notary public is authorised to witness and authenticate documents, administer oaths, and perform certain extrajudicial acts recognised in foreign jurisdictions. Notaries in England and Wales are distinct from notaries in other countries, and their acts carry international legal weight that a solicitor's attestation alone does not.
Notary Public Fees
Notary public fees in England and Wales are not fixed by statute and vary depending on the nature and complexity of the work involved. Common factors affecting cost include the type of document, the number of documents or copies required, whether legalisation or apostille is needed, the time required for preparation and correspondence with foreign authorities, and any translation requirements.
Notary or solicitor?
A notary public is a specialist officer of the law whose authentication of documents is specifically recognised in foreign jurisdictions. A solicitor's attestation, by contrast, is generally not accepted by foreign authorities or overseas notaries. If you have been asked to get a document notarised for use in another country, you must see a notary public: a solicitor alone cannot fulfil this role, even if they are also authorised to witness signatures in a domestic context.
Notarisation for Property Abroad
When buying, selling or managing property in a foreign country, you will frequently need to have UK documents notarised before they will be accepted by the overseas notary, land registry or legal authority. The most common requirement is a power of attorney, allowing a lawyer or representative in the destination country to act on your behalf, but property-related documents such as declarations of identity, marriage certificates or company authorisations may also require notarisation and legalisation.
Requirements vary significantly by country. Spain, France, Portugal, Italy, the UAE, Turkey and many other popular destinations each have their own specific requirements regarding the form of notarisation and the legalisation steps needed.
Oath
A solemn promise made before a notary public or other authorised official, confirming the truth of a statement or the intent to fulfil an obligation. An oath is typically religious in form. Those who prefer not to take a religious oath may instead make a non-religious affirmation, which carries the same legal effect. Oaths are required for affidavits, depositions and certain other sworn documents, and must be administered in person before a notary or commissioner for oaths.
Post-Brexit Document Legalisation
Since the UK left the European Union, documents intended for use in EU member states may require additional steps that were not previously necessary. During the UK's EU membership, public documents could circulate between member states with reduced formality. This is no longer the case. Requirements vary by EU country and by document type, and have continued to evolve since Brexit.
Power of Attorney
A legal document allowing one person (the donor) to grant another (the attorney) the authority to make legal decisions or conduct transactions on their behalf. Powers of attorney intended for use abroad often need to be in a specific form and must be notarised. In some jurisdictions, such as Spain, they must be in the form of a public instrument drawn up or authenticated by a notary.
Common uses include authorising someone to manage property transactions, sign company documents or deal with legal or financial matters in a foreign country. Malcolm Gregory regularly prepares and notarises powers of attorney for clients throughout Swindon, Bath, Oxford and Wiltshire. Find out more about notarising a power of attorney.
Public Instrument (or Public Act)
A document drawn up or witnessed by a notary public, executed in the presence of the parties involved, intended to serve as a formal public document. Public instruments are a feature of civil law systems such as those in Spain, France, Italy and most of continental Europe and Latin America, and carry a higher evidential status than a privately executed document. For example, in Spain a power of attorney must be in the form of a public instrument to be accepted for property transactions.
Remote Notarisation (Online Notarisation)
The performance of notarial acts using video conferencing technology, without the client attending the notary's office in person. Remote notarisation has become more widely available in some countries following the Covid-19 pandemic, and certain US states have enacted specific legislation permitting it.
In England and Wales, however, the large majority of notarial acts still require the client to appear physically before the notary. Personal appearance, identity verification and the witnessing of the signature in person are fundamental to the validity of the notarial act.
Statutory Declaration
A formal legal statement made under the Statutory Declarations Act 1835, affirming that the content is true to the best of the declarant's knowledge. Unlike an affidavit, a statutory declaration is not made under oath, but carries the same legal weight in terms of the penalties for making a false statement. Statutory declarations are used in a variety of contexts including change of name, immigration applications and certain administrative or legal proceedings.
Sworn Statement
A written statement made under oath before a notary public or other authorised officer, confirming the truth of its contents. Similar in nature to an affidavit, the specific form of sworn statement required will depend on the destination country or receiving authority. Some foreign jurisdictions prefer the term "sworn statement" or "statutory declaration" to "affidavit", though the underlying requirements are broadly similar.
The Notaries Society
A professional association that represents notaries public in England and Wales, providing training, guidance and professional support to its members.
Witnessing
The act of observing the signing of a document and then signing it oneself to confirm that it was indeed signed by the relevant parties in the witness's presence. A notary's witnessing of a signature carries greater evidential weight than a private witness, as the notary is an officer of the law who has also verified the identity of the signatory. Please do not sign documents before your appointment: a notary can only witness a signature that takes place in front of them.