A significant proportion of the documents that come across a notary’s desk are not in English. Powers of attorney drafted by Spanish lawyers, property contracts in Portuguese, company documents in Italian or German, court papers in French: all of these are everyday occurrences in notarial practice. The question of what to do when a document is in a foreign language is one that clients and notaries alike need to approach carefully, because the answer is more nuanced than it might first appear.
The Appearer: A Word You May Not Have Encountered Before
When you visit a notary, you are described in notarial terminology as the “appearer.” The word comes from the Latin comparuit, meaning “there appeared before me,” which is how traditional notarial certificates begin. It simply means the person who attends the notary’s office to have a document notarised, witnessed, or certified.
The concept matters here because the notary’s duty runs not just to the document, but to the appearer. The notary is there to make sure that what is being signed accurately reflects the appearer’s intentions, that the appearer is who they say they are, and that they are acting freely and with a proper understanding of what the document contains.
That last point is where language becomes critical.
Why Both the Notary and the Appearer Must Understand the Document
One of the fundamental obligations of a notary in England and Wales is to be satisfied that the appearer genuinely understands the document they are about to sign. This is not a box-ticking exercise. A notary cannot simply present a document in a language the client does not speak, point to the signature line, and proceed. That would make the notarisation meaningless, and in some circumstances legally defective.
The same obligation applies to the notary. A notary cannot properly certify a document whose contents they are unable to read and understand. If a document is placed in front of a notary written entirely in, say, Mandarin or Arabic, and the notary has no competence in that language, they cannot certify its contents without assistance.
In practice, this means that before notarisation can proceed, one of three things must be in place:
- The notary is personally competent in the language of the document and satisfied that the appearer is also able to understand it.
- A certified translation of the document into English has been provided, which both the notary and the appearer can read.
- A qualified interpreter is present at the appointment, able to communicate the document’s contents to both the notary and the appearer.
In some cases, both a translation and an interpreter will be necessary. The notary will make this judgment based on the specific circumstances of each case. It is not an obstacle placed in the way of the client; it is a protection for them.
Certified, Notarised, and Sworn Translations: Untangling the Terminology
This is an area where confusion is widespread, partly because the terms are used inconsistently across different countries and even within the UK. It is worth setting out what each term means in practice.
Certified Translation
A certified translation is a translation accompanied by a signed statement from the translator confirming that the translation is accurate and complete, to the best of their knowledge and ability. In the UK, there is no state register of translators and no formal system of “sworn” translators in the civil law sense. The benchmark instead is professional membership: translators who are Fellows or Members of the Chartered Institute of Linguists, or members of the Institute of Translation and Interpreting, are widely accepted as producing translations of sufficient reliability for legal and official purposes.
A certificate of accuracy from a qualified translator is often sufficient for UK domestic purposes, and for some overseas authorities too. It is, however, a statement made by the translator themselves. It carries the translator’s professional credibility, but it is not authenticated by anyone else.
Notarised Translation
A notarised translation takes the process a step further. The notary either certifies the accuracy of the translation directly (if they are personally competent in the relevant language), or more commonly, witnesses and certifies the translator’s declaration that the translation is accurate. The notary attaches their own certificate, seal, and signature to the translation, confirming that the translator appeared before them, produced evidence of their identity and qualifications, and signed the declaration in the notary’s presence.
This is often required by foreign authorities who want something more than a translator’s self-certified statement. The notary’s involvement provides an independent layer of authentication, and where an Apostille is then attached to the notarised translation, the chain of authentication becomes internationally recognisable.
Sworn Translators: A Civil Law Concept
In a number of civil law countries, including Spain, Italy, France, Germany, and Brazil, the state formally appoints and registers translators who are authorised to produce translations with official legal standing. These are variously called traductores jurados in Spain, traduttori giurati in Italy, or traducteurs assermentés in France.
A sworn translator in Spain, for example, is appointed by the Spanish Ministry of Foreign Affairs and their stamp and signature are registered with the Ministry. Their translations carry a presumption of accuracy in Spanish legal proceedings that a standard certified translation does not. When a Spanish authority asks for a “sworn translation,” they are specifically asking for a translation produced by one of these registered individuals, not simply a certified translation from any competent translator in the UK.
England and Wales have no equivalent system. UK translators are not sworn in or formally appointed by the state. This difference in approach between common law and civil law jurisdictions is a frequent source of confusion and, if not handled correctly, can result in documents being rejected abroad.
When the Document Itself is Bilingual
Some documents arrive already drafted in two languages, with the English and foreign language text appearing side by side or in parallel columns. This is common with powers of attorney prepared by overseas lawyers for use in Spain, Portugal, or Italy, where the foreign notary or law firm has produced a bilingual version specifically to assist the UK notary and the client.
A bilingual document is helpful but does not automatically remove the notary’s obligations. The notary still needs to be satisfied that the two versions correspond accurately to one another, that the appearer understands what they are signing, and that the document as a whole reflects the appearer’s intentions. If the notary has concerns about the accuracy of the translation within the document, or if the bilingual drafting is inconsistent, they will need to raise those concerns before proceeding.
In practice, well-drafted bilingual documents prepared by experienced overseas law firms tend to proceed smoothly. Problems more commonly arise with documents that have been translated informally or where the English text is a poor rendering of the underlying foreign language original.
When the Translation Itself Needs to be Notarised
There are two distinct scenarios where a translation requires notarisation, and it is important to distinguish between them.
The first is where a UK document needs to be used abroad and the receiving authority requires a translation of that document into the destination country’s language, accompanied by notarisation. In this situation, the process is typically: the UK document is notarised first, then translated by a qualified translator, and then the notary certifies the translator’s declaration. The complete package (original notarised document plus notarised translation) may then go to the FCDO for an Apostille if the destination country requires one.
The second is where a foreign language document is being brought to the UK notary for a purpose that requires the notary to confirm what it says. An overseas company document, a foreign birth certificate, or a foreign court order may all fall into this category. Here, the translation is needed not for the document’s use abroad, but so that the UK notary and the appearer can properly engage with it. The notary may certify the translation as part of their overall certification, or may attach a separate notarial certificate addressing the translation.
When the Translation Happens in country
For some destinations, particularly those with a sworn translator system, the better and often required approach is to have the UK document notarised and apostilled in the usual way, and then to have it translated into the destination language by a sworn translator registered in that country after it arrives there.
Spain is the clearest example. A power of attorney prepared in England, notarised by a UK notary, and apostilled by the FCDO will arrive in Spain as an authenticated English document. A Spanish traductor jurado then translates it into Spanish, attaching their own stamp, and the resulting document has full legal standing before Spanish authorities and notarios. Attempting to have the translation done in the UK and then certified at the UK end can sometimes satisfy Spanish requirements, but in many cases Spanish authorities will still insist on the translation being carried out by a Spanish sworn translator registered with their Ministry.
Italy operates a similar system, with some variation depending on the region and the authority involved. France, Germany, and the Netherlands each have their own variant. The lesson is always to check the requirements of the specific receiving authority before instructing anyone, rather than assuming that a UK notarised translation will be accepted everywhere.
The Notary’s Role When the Appearer Does Not Speak English
The situation sometimes runs in reverse: the document is in English, but the person signing does not speak English well enough to understand it. This arises most often with overseas nationals who are in the UK temporarily, or UK residents whose first language is not English.
The position here is exactly the same in principle. The notary cannot proceed unless satisfied that the appearer genuinely understands what they are signing. If there is any doubt, the notary will require the appointment to include a qualified interpreter. The interpreter needs to be genuinely independent: a family member present to translate informally is not an appropriate substitute in a formal notarial context, however well-meaning, because the notary cannot adequately assess the accuracy of what is being communicated.
Where an interpreter is used, the notary will typically note this in their certificate, recording that the document was interpreted to the appearer in their language, that the appearer confirmed their understanding, and that the interpreter declared their competence to act in that capacity.
What to Expect When You Bring a Foreign Language Document to My Practice
Tell me in advance. When you contact me to make an appointment, please let me know if the document is in a foreign language or if you would like to bring an interpreter. This allows me to review the situation beforehand, assess whether I have sufficient language competence to deal with the document directly, and advise you on what additional steps may be needed. Arriving at an appointment with a document I have not been forewarned about in a language I cannot read will, at best, delay matters.
Find out what the receiving authority requires. Before the appointment, if you know that the document will ultimately be used in another country, try to establish exactly what that authority expects. Do they want the original English document plus a translation? Do they require the translation to be done by a sworn translator in their country? Do they need both document and translation to carry an Apostille? The answer will determine the most efficient route through the process, and getting it wrong at the outset can mean unnecessary cost and delay.
Use a qualified translator. If a translation is needed before the appointment (for example, so that I can read the document and you can confirm your understanding), please use a translator who is a member of the Chartered Institute of Linguists or the Institute of Translation and Interpreting. An informal translation by a friend or family member is not appropriate for notarial purposes, however helpful it may be as background context for you.
Allow more time. Appointments involving foreign language documents, interpreters, or complex translation arrangements take longer than straightforward English document appointments. Please plan accordingly and do not schedule the appointment immediately before other commitments.
Bring the original and the translation. Where you already have a certified translation, bring both the original foreign language document and the translation to the appointment. I will need to see both.
Working with documents in foreign languages is a routine part of notarial practice, and it is one I am comfortable with. The additional steps involved are not bureaucratic obstruction; they exist to make sure that the notarisation is legally sound and that you are properly protected. If you are uncertain about anything before your appointment, please get in touch and I will be happy to discuss the specifics of your situation.
Malcolm GregoryNotary Public and Solicitor, in practice as a notary since 2006. Member of The Notaries Society, regulated through the Faculty Office. Ask Malcolm about your document
This guide is general information about notarial practice in England and Wales. It is not advice on your particular matter. The requirements of foreign governments and other receiving authorities are set by them and can change without notice, so check them with the authority before you act. I only act for you once I have confirmed your instructions and fees in writing. Fees and third-party charges were correct when written and can change.