Frequently Asked Questions

1.  What is a Notary?

A notary public (or notary or public notary) is a legal professional and public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business.

A notary’s main functions are to administer oaths and affirmations, take affidavits and statutory declarations, witness and authenticate the execution of certain classes of documents, take acknowledgments of deeds and other conveyances, protest notes and bills of exchange, provide notice of foreign drafts, prepare marine or ship’s protests in cases of damage, provide exemplifications and notarial copies. Any such act is known as a notarisation.

2.  What is the Notary’s job?

The Notary is required to put the document being notarized ‘beyond proof’. This means that by the notary affixing his/her signature and seal to the document, the document will be acceptable to the receiving country.

Sometimes further authentication of the notary is required – see Legalisation and Aposille.

The Notary checks:

• The identity of the person signing;
• That the signatories have capacity and full legal understanding to sign the documents
• That there is no duress or undue influence forcing the signatory to sign
• That In the case of a company document, that the company exists, is able to enter into the document and that the signatories can sign.

3.  When do I need a Notary?

If you are conducting business abroad, it is likely that any document you sign in England and Wales for use in a foreign country will need to be notarized and possibly further autnenticated by the process of legalization.

Typical activities which involve a Notary Public are:

• buying or selling real estate or property
• mergers and acquisitions
• business disposal or purchase
• joint ventures and collaborations
• internation tenders
• supply agreements
• distribution, franchise and agency agreements
• company formation / incorporation
• set up of branch, liaison or representative office
• business or other company assets
• swearing an Affidavit or making a statutory declaration or affirmation
• court documents and exhibits to be lodged abroad.
• Certified copy corporate or commercial documents
• Granting a Power of Attorney or Proxy
• Certificates as to Authenticity or Goodstanding
• Employment visas
• Export documents, including certificate of origin
• Opening a bank account
• Assignment of Intellectual Property
• Patents and Trade Marks.

4. What documents do Notaries deal with?

See our list of typical documents we notarise at deal with at CompanyNotary

5. I have a foreign language document.  Does it need to also be in English?

Yes the Notary is likely to insist on an English translation, to ensure that you fully understand the content and effect of what is being signed.  Occasionally, depending on the circumstances, a Notary, is satisfied that the signatory is fluent in the foreign language and provides a statutory declaration to the Notary that the foreign language document is fully understood.

6. What personal ID do I need to provide to a Notary Public?

Please provide in advance (email is fine) wherever possible and have originals for the Notary appointment:

• Full name, position and address of the person signing
• Valid Photo ID (passport or driving licence)
• A recent utility or council tax bill or bank statement (less than 3 months’ old) showing residential address
• If signing with a different name, evidence (such as marriage certificate)
• If signing under a Power of Attorney, the original or certified copy of that too

7.  What company information do I need to provide to a Public Notary?

If the document is being signed for a Company, the Notary will need in advance: