If you have ever needed to use a legal document abroad (whether buying property in Spain, applying for a visa, setting up a company overseas, or sending a power of attorney to a foreign court) you may well have been told that you need a Notary Public. But what exactly is a Notary Public, and how is this role different from a solicitor or other legal professional? This article explains.
An Ancient and Respected Office
The office of Notary Public is one of the oldest in the English legal system, with roots stretching back to medieval ecclesiastical law. In England and Wales, Notaries are regulated by the Faculty Office of the Archbishop of Canterbury, a unique arrangement that reflects the historic origins of the profession. Today there are fewer than 800 practising Notaries in England and Wales, making it one of the smallest regulated legal professions in the country.
What Does a Notary Public Do?
The primary role of a Notary Public is to authenticate and certify documents for use in other countries. Foreign governments, courts, banks, and legal systems frequently require that documents originating in England and Wales are formally verified by a Notary before they will accept them. This process is known as notarisation.
When a Notary Public notarises a document, they are providing an official certification that:
- The document is genuine
- Any signatures on it are authentic and were made in the Notary’s presence
- The signatory had the legal capacity and authority to sign
- The document is what it purports to be
This independent third-party verification gives the document a level of legal authority that is recognised internationally.
How is a Notary Different from a Solicitor?
This is one of the most common questions clients ask. While many Notaries are also qualified solicitors, the roles are distinct. Solicitors primarily advise clients and represent them in legal matters. Notaries, by contrast, act as independent and impartial witnesses. Their role is to verify, not to advise or advocate.
Because a Notary’s certification must be trusted by foreign authorities and courts that have no way of independently checking the Notary’s credentials, the profession is subject to rigorous regulation, professional indemnity requirements, and adherence to strict standards of practice.
The Notarial Act
When a Notary certifies a document, this is called a notarial act. The Notary will typically attach a certificate (called a notarial certificate) to the document, setting out the details of the verification. This certificate carries the Notary’s official seal and signature.
In many cases, after notarisation, the document will also need to be legalised. For countries that have signed the Hague Apostille Convention, this is done by obtaining an Apostille from the Foreign, Commonwealth and Development Office (FCDO). For countries outside the Convention, the document may need to go through consular legalisation at the relevant country’s embassy or consulate.
Who Uses a Notary Public?
Notarial services are used by a wide range of clients, including:
- Individuals purchasing or selling property abroad
- People applying for residency, citizenship, or visas in other countries
- Businesses entering into international contracts or setting up foreign subsidiaries
- Families dealing with overseas inheritance or estate matters
- People granting powers of attorney for use in another country
- Those providing documents for use in foreign court proceedings
Getting in Touch
If you need a document notarised or are unsure whether you need the services of a Notary Public, please do not hesitate to get in touch. I am always happy to have an initial conversation to help you understand what is required for your particular situation.