Most people in England and Wales will go their entire lives without needing a Notary Public. But when an international element enters the picture (a property purchase abroad, a foreign business venture, or the use of legal documents in another country) a Notary suddenly becomes essential. Here are the most common situations in which people turn to a Notary Public.
Buying or Selling Property Abroad
International property transactions are one of the most frequent reasons people seek out a Notary Public. If you are purchasing a property in France, Spain, Portugal, Italy, or many other countries, the foreign notary or registrar handling the transaction will often require that certain documents (such as your identity documents, proof of funds, or powers of attorney) are notarised in England before they are accepted.
Similarly, if you are selling a property abroad and cannot travel to sign documents in person, a Notary can certify a power of attorney authorising someone to sign on your behalf in the foreign country.
Granting a Power of Attorney for Foreign Use
A power of attorney is a legal document that gives another person authority to act on your behalf. When this authority needs to be exercised in another country (for example, to manage a relative’s affairs, handle an overseas estate, or sign a contract) the power of attorney will almost certainly need to be notarised, and may also need an Apostille from the FCDO or legalisation at the relevant embassy.
International Business Transactions
Businesses regularly need Notarial services when dealing with international partners, clients, or regulatory bodies. Common requirements include:
- Certification of company incorporation documents for use abroad
- Notarisation of directors’ signatures on contracts or resolutions
- Authentication of certified copies of identity documents for due diligence
- Preparation of documents for opening bank accounts in other jurisdictions
- Certification of documents for regulatory submissions in foreign countries
Visa, Residency, and Citizenship Applications
Many countries require applicants for long-term visas, residency permits, or citizenship to provide supporting documents that have been notarised by a Notary Public in their home country. This can include birth certificates, marriage certificates, educational qualifications, criminal record checks, and proof of financial means. Requirements vary significantly by country, so it is always worth checking the specific requirements of the destination country’s embassy or consulate.
Marriage Abroad
If you are planning to marry in another country, the authorities there may require certified copies of your birth certificate and proof of your single status (a Certificate of No Impediment, or CNI). A Notary can certify these documents for submission to the foreign authority.
Overseas Inheritance and Estate Matters
Dealing with an estate or inheritance that has an international element (for example, assets held abroad or a deceased person who lived overseas) frequently involves Notarial services. Foreign courts and banks may require certified copies of probate documents, wills, or identity documents before releasing assets.
Education Abroad
If you are applying to study at a university or institution in another country, you may be asked to provide notarised copies of your educational qualifications, transcripts, or identity documents. This is particularly common for postgraduate study and professional qualifications.
Apostille and Legalisation
In many cases, notarisation is only the first step. Documents destined for countries that are party to the Hague Apostille Convention (which includes most of Europe, the Americas, and many other nations) will then need an Apostille, a certificate issued by the FCDO that authenticates the Notary’s signature and seal. For countries outside the Convention, consular legalisation through the relevant embassy may be required instead.
A Notary Public can advise you on which steps are necessary for your particular destination country and help guide you through the process.
Not Sure Whether You Need a Notary?
If you have been asked to produce a notarised document and are unsure whether a Notary Public is what you need, or if you would like to discuss your situation, please feel free to contact me directly. Initial enquiries are always welcome.
Malcolm Gregory · Notary Public
Email: malcolmgregory@publicnotary.me.uk
Website: www.publicnotary.me.uk