Notarisation

Notary Public Services: Frequently Asked Questions

Understanding the role of a Notary Public in England and Wales is essential when dealing with international legal matters. Below are answers to common questions regarding notarisation and legalisation.

Why and when do I need to see a notary?

If you are buying or selling property abroad, opening an overseas bank account, or entering into an international contract, if you are getting married or divorced overseas, or if you are emigrating, foreign authorities require proof of authenticity for your supporting documents.

Common scenarios include:

• Property Transactions: Signing a Power of Attorney so a lawyer abroad can act on your behalf.
• Marital Status: Proving you are single and free to marry in a foreign country.
• Legal Proceedings: Swearing an affidavit or statutory declaration for use in a foreign court.
• Immigration: Presenting certified documents to an overseas immigration department or visa office.

What is notarisation?

Notarisation is the official process where a Notary Public – a highly qualified and regulated lawyer – certifies the authenticity of a document.

The notary verifies your identity (typically via a passport), ensures you have read and understood the document, and confirms that you are signing of your own free will. The notary then attaches their signature and official seal to the document. This provides “public trust” that the document is genuine and legally binding.

What documents require notarisation?

I notarise a wide range of personal and commercial documents, including:

• Personal: Passports, Driving Licences, Degree Certificates, Change of Name Deeds, and Consent to Travel for minors.
• Legal: Powers of Attorney, Oaths, Affidavits, and Statutory Declarations.
• Corporate: Company Documents, Powers of Attorney, Contracts, Statements, Board Resolutions.
• Vital Records: While birth, marriage, and death certificates often only require an Apostille, some jurisdictions may require notarised copies.

What are the stages of the notarisation process?

1. Initial Consultation: Email your documents and any instructions from your foreign lawyer or from the foreign authority you are dealing with. I will review them and provide an accurate quote.
2. Preparation: I explain the requirements, costs, and set a convenient appointment.
3. The Appointment: You attend in person to have the documents notarised.
4. Legalisation (Optional): If required, I can arrange for an Apostille from the Foreign, Commonwealth & Development Office (FCDO) or consular legalisation at the relevant embassy.

How much does notarisation cost?

Fees vary depending on the complexity and volume of the documents. Please visit my Fees Page for a transparent breakdown of my professional fees and any third-party disbursements (such as FCDO fees).

A Note on “Just a Stamp”

It is a common misconception that a Notary Public simply applies a “stamp” to a document. In reality, a Notary in England is a highly qualified lawyer who assumes significant legal and financial responsibility for every document they sign and seal.

When you see a Notary, you are not paying for a signature; you are paying for:

• Verification of Identity, Capacity, Authority, Understanding and Willingness: Ensuring the person signing is who they say they are and has the mental capacity and legal authority to sign. Ensuring the person signing read the document and understood its content and legal effects. Ensuring the person signed the document of their own free will.
• Due Diligence: Performing risk assessments where the underlying transaction falls under the Anti-Money Laundering Regulations. Verifying the authenticity of the documents with the issuing authorities (such as universities, Companies House, or government bodies).
• Risk Mitigation: The Notary is personally liable for the accuracy of the certification. If a document is incorrectly notarised, it can result in the failure of a multi-million-pound transaction or a legal dispute abroad.

Because of this rigorous process, a notarial appointment is not a “five-minute” administrative task, and the cost reflects the high level of professional indemnity, expertise, and regulation required. Foreign authorities rely on the Notary’s seal to prevent international fraud, and providing that level of assurance requires time, care, and a professional fee that reflects this responsibility.

Common Practical Questions

Do I need an appointment?

Yes. To ensure I can dedicate the necessary time to your documents, all meetings are by appointment only.

How quickly can I see you?

I understand that many international legal matters are time-sensitive. I pride myself on my responsiveness and typically reply to all email enquiries within a few hours.

Regarding appointments:

• Same-Day Service: Depending on my current schedule, I can often offer same-day appointments for urgent matters.
• Standard Availability: If a same-day slot is not available, I can almost always see you within one to two working days.
• Flexible Hours: To accommodate busy professionals, I am also available for appointments after hours or on weekends by prior arrangement.

What must I bring?

You will need to email me the documents to be notarised, bring the originals with you if required, and produce proof of your identity (Passport, other ID) and proof of your address (driving licence, or a recent utility bill or bank statement).

Can we do this online?

If you are signing a document (like a Power of Attorney), you must appear in person. For certified copies of original documents, remote services are possible.

How long is my notarised document valid?

This depends on the receiving country’s laws and the document type (e.g., a Power of Attorney may have an expiry date).

Find a Notary in England

While I am happy to assist you, if you are looking for a notary in another specific area, you can use the search tools provided by The Faculty Office or The Notaries Society.