When a UK company does business abroad, sets up a subsidiary or branch, opens a bank account overseas, registers a trademark or tenders for work, the foreign authority or bank commonly asks for notarised and apostilled copies of the company’s documents. Most of what is asked for sits on the public register at Companies House, and that shapes how the work is done and whether anyone needs to attend.
Documents that can be certified from the register
The certificate of incorporation, the memorandum and articles of association, the confirmation statement, filed accounts, the register of officers and any certificate of change of name are all filed at Companies House and available on the public register. The register is the source and so generally I do not need a director to attend. I download the document from the register myself rather than working from a copy sent to me, so that what I certify is what is on the public record, and I attach a notarial certificate confirming that it is a true copy of the document held by the Registrar of Companies for England and Wales and the date on which I checked the register.
I still need to identify the person instructing me and confirm their connection with the company, but that can be done remotely.
Certificates of good standing
A certificate of good standing is issued by Companies House on request, for a fee, and confirms that the company has been in continuous existence since incorporation and that no action is being taken to strike it off the register. It can include the names of the current officers. Foreign registries and banks ask for it often and usually want it recently dated, so check how old a certificate they will accept before it is ordered.
A certificate issued by Companies House with the Registrar’s signature or seal can usually go to the Foreign, Commonwealth and Development Office for an apostille without being notarised, and I will say so where that route meets your need rather than quote for work that is not required. Where the receiving authority wants a notarial certificate as well, or wants the good standing confirmed by a notary from the register, I prepare that certificate and attach the Companies House document to it.
Documents that need someone to attend
A power of attorney granted by the company, a board resolution, a signed contract, a director’s declaration or a bank mandate all need the director or officer to sign in front of me. I identify the signatory, confirm their authority against the register and any board minute, watch them sign and attach my certificate. Where the document is for a foreign company, or the signatory is acting under a foreign law, my certificate records identity, signature and the capacity in which the signatory states they act. It does not warrant their authority under that country’s law, which is a matter for the lawyers there.
Although I act independently as a notary, I am also a solicitor with the firm RWK Goodman and I use their offices for my notarial appointments. I can attend at your offices where that works better, and visits carry a minimum fee of £300, with no VAT payable, against a typical office fee of between £160 and £200.
Apostille and embassy legalisation
Most destinations accept an apostille. There are two routes and I can arrange either. The Foreign, Commonwealth and Development Office charges £45 per document for a paper apostille, plus £6 return postage to a UK address. Turnaround varies, so allow two to five weeks. Through an agent the cost is £64 per document plus £12.60 for return by courier to a UK address, and the document is normally back within about three working days.
Some countries, mainly in the Middle East and parts of Asia, require legalisation by their embassy in London after the apostille stage, which adds cost and time. Tell me the destination at the outset so that the route can be planned.
Cost
Notary fees are usually between £160 and £200 per document, with no VAT payable. Where there is a set of documents I can normally charge at an hourly rate rather than notarising each one separately, which generally works out better for the company, and I confirm the basis of the fee once I know what is required. The Companies House charge for a certificate of good standing and the apostille costs are disbursements on top of the fee.
Timing
For documents certified from the register, once I have the instruction and the identification the certificates are normally ready within a few working days. A certificate of good standing depends on Companies House’s own turnaround. Add around three working days for an apostille through the agent, or two to five weeks by post. If you are working to a date set by the foreign authority, tell me what it is.
Before you get in touch
Send me the list of documents the foreign authority or bank has asked for, in their words, together with the company number and the name of the person instructing me. My professional practice rules require me to keep a copy of each notarised document, in most cases for 12 years but for a public form notarial act I have to keep a copy permanently, and I am also required to keep a copy of your identity documents for five years. If you would like to proceed, get in touch and I will confirm the cost and what is needed.
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.