
What is a Notary?
A notary public is a qualified legal professional, often also a qualified solicitor, authorised to authenticate, seal, and witness legal documents for use abroad, acting independently to prevent fraud. Unlike solicitors, who handle domestic matters, notaries verify signatures and identities for international documents, such as powers of attorney, conveyancing, and corporate contracts.
Key Responsibilities and Functions
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Authentication & Certification: Verifying the authenticity of documents (e.g., birth certificates, passports) and signatures for foreign authorities.
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Witnessing Signatures: Witnessing the signing of documents like powers of attorney, affidavits, or declarations
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International Transactions: Assisting with buying/selling property abroad, foreign wills, and estate administration.
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Corporate Documents: Authenticating documents for overseas companies and business transactions.
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Oaths and Affidavits: Exercising the powers of a Commissioner for Oaths.
Key Aspects of a Notary Public
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Regulation: In England and Wales, they are appointed and regulated by the Faculty Office of the Archbishop of Canterbury.
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Independence: They must act independently of the client, unlike a solicitor who acts in a client's interest.
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Unique Seal: Each notary uses a personal seal that is registered with the Foreign, Commonwealth & Development Office in the UK and recognised internationally.
Difference Between a Notary and a Solicitor
While many notaries in the UK are also solicitors, the two roles are distinct. A solicitor provides legal advice and handles domestic matters, whereas a notary's primary role is to verify documents for overseas use. Notarial work is a specialised, separate and the oldest branch of the legal profession. There are around 750 notaries operating in the UK at the moment.
Some common terms used by Notaries

Notarisation
The signature and seal of a notary should be one of the steps undertaken to ensure that the document signed in England and Wales is acceptable and recognised in any relevant foreign jurisdiction.

Apostille
Legalisation is the sealing of a notarised document by the Foreign and Commonwealth Office in London. This is done by fixing an Apostille to the document.

Attestation
The execution and swearing of documents due to be used in the United Kingdom can also be dealt with by a notary.
