Keith Mack
A notary, often referred to as a notary public, is a specialist lawyer and member of the oldest branch of the legal profession in the United Kingdom. The role has its roots in Roman times, but its formative years in the UK can be traced to 1533 during the reign of King Henry VIII. Notaries are appointed and regulated by the Faculty Office of the Archbishop of Canterbury and are subject to regulation by the Master of the Faculties. Their principal role is to attest the authenticity of deeds and other legal documents for use abroad, with their seal of approval recognised worldwide.
| Characteristics | Values |
|---|---|
| Definition | A notary is a specialist lawyer. |
| Jurisdiction | England and Wales |
| Appointments | The Court of Faculties of the Archbishop of Canterbury appoints notaries. |
| Regulation | The Master of the Faculties regulates notaries. |
| Qualification | The Faculty Office of the Archbishop of Canterbury regulates notary qualifications under the direction of the Master of the Faculties. |
| Rules | Notaries must follow the Notaries Practice Rules 2019 and other rules and regulations. |
| Qualification Rules | The main regulations are contained in the Notaries (Qualification) Rules 2013. |
| Qualification Recognition | Under Rule 8 of the Notaries Qualification Rules 2017, a notary qualified in another jurisdiction within the UK can apply to have their qualification recognised. |
| Aptitude Test | Passing the examination set for the year 2 module in Notarial Practice at UCL is often required for qualification recognition. |
| Role | To prepare, authenticate, and certify documents, transactions, and other assurances, especially for use abroad. |
| Seal | Each notary has their own seal attached to the documents. |
| Scrivener Notaries | Notaries with additional qualifications and expertise in at least two foreign languages. |
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What You'll Learn
Notary qualification rules and regulations
In England and Wales, notaries are appointed and regulated by the Faculty Office of the Archbishop of Canterbury, under the direction of the Master of the Faculties. The Master of the Faculties is the approved regulator for the profession of Notaries Public in England and Wales, as per the Legal Services Act 2007. This jurisdiction was confirmed and enhanced by the Courts and Legal Services Act of 1990 and the Legal Services Act 2007.
The main regulations governing the qualification and admission of notaries are contained in the Notaries (Qualification) Rules 2017. Qualification as a notary is a three-stage process, consisting of academic training, professional training, and admission. The academic training involves undertaking a course of studies covering various subjects, while the professional training includes the Notarial Practice Course and a one-day Office Practice Course. After completing these courses, applicants can apply to the Faculty Office for admission to the Roll of Notaries. This application requires submitting a Certificate of Fitness and a Certificate of Good Character.
In addition to the qualification and admission requirements, notaries must also comply with various rules and regulations during their practice. These include the Notaries Practice Rules 2019, which regulate key matters such as undertakings, conflicts, fees, and record-keeping. The Code of Practice sets out the implications of these rules and provides guidance on how to follow them. Furthermore, notaries are required to participate in Continuing Professional Education activities under the Notaries Continuing Professional Education Regulations 2021.
Other notable rules and regulations for notaries include the Notaries (Conduct and Discipline) Rules 2015 (as amended), which outline the processes for complaints and sanctions, and the Notaries (Practising Certificates) Rules 2012, which require notaries to hold a valid practising certificate and maintain insurance.
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The history of notaries in the UK
In the UK, the notary public sector is a highly regarded profession with a long history. A notary public in the UK has always been a qualified lawyer, responsible for authenticating documents and transactions for recognition by other jurisdictions. This role is particularly important when it comes to linking the institutions of common law with those of civil law.
Prior to 1533, the Archbishop of Canterbury appointed notary publics on papal authority. However, after the UK distanced itself from Rome, the Archbishop continued to make appointments on the Crown's authority. Since 1801, the regulation and appointment of notaries have been dictated by statute enacted in Parliament, but the Archbishop of Canterbury still makes the appointments.
By the 19th century, it became standard practice for any act carried out by a notary public to be attested by both their signature and a personal seal. Today, notarial acts have been modernised and standardised, making them easily recognisable and understood in foreign jurisdictions. As a result, the role of the notary public remains essential, evolving to serve citizens, governments, and courts.
In England and Wales, notaries are appointed and regulated through the Faculty Office of the Archbishop of Canterbury. Most notaries are also solicitors, but it is not a requirement. The principal role of a notary in these regions is to "attest the authenticity" of legal documents for use abroad.
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When you may need a notary
A notary, often referred to as a notary public, is a specialist lawyer and an internationally recognised legal professional. They are responsible for the preparation, authentication, and certification of documents, transactions, and other assurances. Their seal of approval is recognised worldwide, making them an invaluable asset for cross-border affairs.
Now, when might you need a notary? Well, there are several instances where the services of a notary may be required:
Overseas Property Transactions: If you're buying a property abroad, you'll likely need a notary. Many countries require documents to be notarised to ensure their validity, so a notary's role is crucial in these transactions.
Business Abroad: Expanding your business overseas or entering into contracts with foreign companies often requires certain documents to bear the stamp of a notary. Their certification ensures the documents are considered valid in the international business arena.
Marriage Overseas: For those planning to tie the knot in a foreign country, some destinations require specific documentation authenticated by a notary to proceed with the wedding.
Child's Travel Consent: When a child travels abroad with one parent or grandparent, many countries require an official consent form from the absent parent(s). This document often needs to be notarised to ensure its authenticity.
Academic and Professional Credentials: Planning to study or work abroad? Your academic or professional credentials may need to be notarised before a foreign institution or employer can accept them.
In summary, while you may not need a notary for everyday matters, they are essential for certain pivotal moments in life with international implications, such as purchasing property, getting married, or expanding your business across borders.
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The difference between a solicitor and a notary
A notary, or notary public, is a specialist lawyer who is authorised to provide notarial services to the public. Notarial services involve authenticating documents and other legal papers for use abroad. This includes verifying signatures, authenticating documents, and administering oaths and declarations. Notaries are also able to handle non-contentious legal matters. In England and Wales, notaries are appointed and regulated through the Faculty Office of the Archbishop of Canterbury. They are quasi-public officials who serve the public as impartial witnesses when essential documents are signed.
A solicitor is a type of lawyer who provides specialist legal advice on different areas of law and is responsible for representing and defending a client's legal interests. Solicitors either work privately or in-house for law firms. They are responsible for a wide range of services, including writing and preparing legal documents, meeting with clients, and representing clients in court. Solicitors are not authorised to carry out "notarial acts" unless they are also notaries.
While there is some crossover between the roles, the key differences are in their qualifications and training, specialisms, and primary duties. A notary's primary duty is to act independently as an impartial witness, whereas a solicitor represents a client and is not independent. A notary's work is focused on the highly specialised area of international legal activities, whereas solicitors specialise in one or two areas of law relevant to their clients' needs.
In summary, a notary public is primarily concerned with authenticating documents for use abroad, whereas a solicitor provides legal advice and represents clients in legal matters within the UK.
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What documents require a notary
A notary is a qualified and specialist lawyer in the UK. They are appointed by the Court of Faculties of the Archbishop of Canterbury and are subject to regulation by the Master of Faculties.
Notarial certification, or notarisation, is the highest level of certification one can get for their documents. It is typically required for documents used outside of the UK. A notary public can certify a copy of a document by either attaching a separate notarial certificate or writing the certification on the photocopy. The notary seal is unique to each notary and provides evidence that the notary has certified the document.
Documents that require a notary include:
- Preparing and authenticating powers of attorney for use overseas.
- Dealing with the purchase or sale of land and property abroad.
- Certifying documents when applying for a mortgage, bank account, or job abroad.
- Certifying passport applications and photos.
- Certifying a lasting power of attorney (LPA).
It is important to note that certification can still be completed without the original document. If the document was issued electronically, the certifier will need evidence of the source, such as logging into the relevant app or website to download the PDF. If the document was sent via email, the original email with the attached PDF will need to be shown.
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Frequently asked questions
A notary is a specialist lawyer and an internationally recognised legal professional. In England and Wales, notaries are appointed and regulated by the Faculty Office of the Archbishop of Canterbury.
The principal role of a notary is to attest the authenticity of deeds and other legal documents for use abroad. Notaries have their own seal, which is attached to the documents they authenticate.
There are several instances in which you might need to use a notary, including when buying property abroad, getting married in a foreign country, or expanding your business overseas.
