What is a Notary
What are Notaries and
what services can they provide
A Notary or Notary Public is a person, often in England and Wales a Solicitor, having through additional qualifications and training been granted the capacity and power to act in legal transactions most frequently associated with foreign jurisdictions. The education, training, and appointment of candidates is supervised by the Master of the Court of Faculties. Following admission the Master regulates the professional practice of all Notaries and issues an annual Practising Certificate. The qualification of a Notary is internationally recognised. The acts of the Notary have special evidential status and weight abroad. The Notary often acts in a way that bridges any differences between the legal system of one nation with that of another so as to give lawful effect to transactions arranged amongst parties separated by distance and time.
Notaries create records and preserve evidence of activities, agreements, transactions, and events. These processes are carried out for an individuals own purposes; between parties to a transaction for their joint needs; to satisfy the requirements of a public or judicial authority outside England and Wales; or as evidence for use in a foreign Court of Law. A Notary can also act as a Commissioner for Oaths.
Routine legal transactions within England and Wales will not usually involve Notarial Services but a Notary may be asked to verify facts in some specialist banking and shipping dealings. Individuals and organisations in England and Wales usually only require a Notary in connection with legal services abroad arranged or to be transacted from here. An individual may need a Notary to assist in the formalities concerning the acquisition, management, or disposal of property abroad; in relation to marriage in a different jurisdiction; in dealing with the Estate of a deceased family member with foreign assets; or perhaps in connection with litigation in another country. Organisations may well have commercial and mercantile transactions to set up and conduct abroad; foreign trading disputes to arbitrate or litigate; patents, copyrights, and trademarks to record and internationally protect; or perhaps need business documents vouched in order to satisfy foreign government trading or fiscal requirements.
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Philip J Price being a qualified member of the legal profession and appointed by
the Court of Faculties
as a Notary Public is entitled to act on behalf of either
or both parties in relation to any of the following matters.
- Attesting execution of documents
- Providing certificates certifying the genuineness of copy documents,
signatures and execution of documents - Taking declarations, Affidavits, Oaths and Acknowledgments
- Preparing Powers of Attorney
- Dealing with foreign probates
- Dispute resolution and the recording of private and commercial agreements
- Witnessing / attesting events and transactions
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Involvement and Costs
Following the engagement of a Notary or Notary Public quite what is involved will depend upon the particular transaction. There are some common identifying features. The Notary will personally attend his client; determine needs and requirements; establish identity and legal capacity; consider any documents already prepared or create those appropriate to the transaction; supervise the signing and witnessing of documents; administer any relevant supporting oath or statutory declaration; countersign in his own name and apply his seal as required and where called for arrange for his signature and seal to be verified by the Foreign and Commonwealth Office and any Consular Office. The Notary records all aspects of the transaction in his Register and keeps copies of all papers for future reference.
The Master of the Court of Faculties has directed that a Notary should give an indication of fees before commencing any work. An individual cost estimate is given in advance. Where it can seen that in order to complete instructions, there will be an outlay with others, details of those expenses are also given. Where possible the full cost of the service is agreed beforehand so that it is known at the outset what the charges will be.