Glossary

Term

Definition

Acknowledgement

A notarial act in which an individual appears before a notary and acknowledges that they have signed a document voluntarily for the purposes stated in the document.

Affidavit

A written statement made under oath or affirmation before a notary public or other authorised officer normally used in court.

Apostille Certificate

A small certificate attached to a document by the FCDO that authenticates the origin of a public document, issued by a designated authority in the country where the document was originally issued. The term is only used for countries who are members of the Hague Convention. A sample can be found here Annexe à la Convention (hcch.net)

Authentication

The process of verifying the authenticity of a document or signature, often involving a notary public certifying a document’s genuineness.

Certification

Some Embassies and Consulates require a document to be certified by a Chamber of Commerce before accepting it for legalisation.

Certified Copy

A copy of a document declared to be a true copy by the person responsible for the original, often certified by notaries public.

Commissioner for Oaths

A notary public is also designated as a commissioner for oaths in the UK and authorised to administer oaths and affirmations for legal documents and proceedings.

Conveyancing

The legal process of transferring property from one owner to another, with notaries sometimes authenticating related legal documents for foreign jurisdictions.

Deed

A legal document that is signed, witnessed, and delivered to effect a conveyance or transfer of property, or to create a legal obligation or contract.

e-Apostille

A digital form of apostille with advanced security features including digital signatures. Not all countries currently accept e-Apostilles.

Embassy Legalisation

The process of having a document legalised by the embassy of the country where the document will be used, typically required after FCDO legalisation.

Faculty Office

The authority that regulates notaries in England and Wales, under the Archbishop of Canterbury’s supervision.

FCDO

The Foreign, Commonwealth & Development Office. The UK government department responsible for issuing apostilles and overseeing the legalisation process for documents to be used abroad.

Hague Apostille Convention

An international treaty that simplified the authentication of documents for use in member countries, allowing certification with an apostille.

Jurat

Part of an affidavit where the notary public states that the document was sworn before them, including location, date, and the notary’s signature and seal.

Legalisation

The process by which a notary’s signature, seal, or stamp on a document is verified by the FCDO and, if required, by the relevant embassy, to confirm legitimacy to foreign authorities.

Notarial Act (Notarisation)

An act performed by a notary public, such as witnessing signatures, administering oaths, and certifying documents’ authenticity. The process which a notary performs to authenticate a signature or a document.

Notarial Certificate

A certificate issued by a notary public attesting to the performance of a notarial act.

Notarial Seal

A seal used by a notary to authenticate documents, including the notary’s name and possibly other prescribed information.

Notary Public (England & Wales)

A qualified officer of the law appointed by the Court of Faculties whose duty is to serve the public in non-contentious matters, authorised to witness and authenticate documents, administer oaths, and perform certain extrajudicial acts.

Oath

A solemn promise, sworn before a notary or other authorised official.

Power of Attorney

A legal document allowing one person to grant another the authority to make legal decisions or conduct transactions on their behalf.

Protest

A formal declaration by a notary public stating that payment or acceptance of a bill of exchange or promissory note has been refused.

Public Instrument (or Public Act)

A document drawn up or witnessed by a notary public, executed in the presence of the parties involved, intended to be a public document. For example, in Spain a Power of Attorney must be in a public form instrument.

Society of Scrivener Notaries

A professional body for a specialised group of notaries public in England and Wales who have passed examinations in foreign laws and languages.

Statutory Declaration

A legal document made under oath affirming that the content is true to the best knowledge of the declarant, not sworn.

The Notaries Society

A professional association that represents notaries public in England and Wales.

Witnessing

The act of observing the signing of a document and then signing oneself to confirm that it was indeed signed by the parties involved in the witness’s presence.