Frequently Asked Questions
What is the difference between a notary and a solicitor?
The main difference so far as most enquiries are concerned is that a Notary is often required to certify and witness documents for use abroad for these documents to be valid, whereas documents for use in England and Wales are usually dealt with by a solicitor.
Both Solicitors and Notaries are branches of the legal profession, but Solicitors form the largest part of the legal profession and provide advice and representation to their clients on legal issues usually within their own countries.
Notaries in England rarely give advice to or represent their clients in any ongoing proceedings. The Notary’s primary duty is to the transaction and the authenticity of the documents.
What is an apostille or legalisation?
Many countries have an additional requirement for the signature of the Notary to be verified as genuine and this is called legalisation.
An Apostille is required as such verification by countries who are signatories to the Hague Convention 1961. In England this is a certificate issued by the Foreign, Commonwealth and Development Office to verify the signature of the Notary or other official who has signed the document. Please see the separate FAQ for the procedure to obtain an Apostille.
Some countries may require their Embassy or Consulate in England to further verify the authenticity of the Notary or other official and this is called Legalisation. Most Embassies require the documents to have an Apostille from the Foreign, Commonwealth and Development Office first.
If you require an Apostille, I can deal with the application to the Foreign, Commonwealth and Development Office on your behalf. If you are advised that the document requires Legalisation at the Embassy, I cannot give you advice on what the specific requirements will be due to the number of different Embassies involved and their ever changing requirements. I would recommend you contact a consular agent who will specialise in this area.
what if I have documents in a foreign language or documents in an electronic format?
Many documents will be prepared in the language of the country in which they will be used and sent to you for signature. Generally Notaries will require a translation into English of the document to ensure they are correctly completed and that you understand the general nature of the document. However, if the person signing the document is fluent in that language a Notary may be able to complete the document.
Documents must be produced to me printed on paper ready for completion. Unless a document is printed out by you and brought to the meeting in a form suitable for signature, we will not be able to complete it at our meeting.
If you require a certified copy of an electronic document, my certification will refer to an electronic document rather than an original document and this may not be acceptable abroad.
Can you notarise a photo copy of a registrar’s birth, death or marriage certificate?
No. Due to Crown Copyright laws, we can only notarise ‘original’ certificates i.e. a certificate issued by the Registrar, we cannot certify photocopies. If you do not wish me to directly certify the ‘original’, you should obtain a duplicate copy from the Registrar’s office which can be used.
What identification must be presented to the notary public?
Notaries have very strict obligations to verify the identification of the person appearing before them. The original of one form of personal documentation and one form of proof of residence from the following lists must generally be produced. The name and address on the identification must exactly match the name (and address if applicable) on the document to be notarised.
Personal Identification
Passport
Photocard Driving Licence
National Identity card (EEA State Members)
Other Government ID incorporating photo and signature
Proof of Residence
Utility bill or Council Tax bill (not mobile phone bill)
Tenancy Agreement
Bank Statement or letter from the bank showing your name and address
Inland Revenue Tax Demand or Self-Assessment Statement
Photocard Driving License (unless already produced as Personal Identification)
Companies
If the document is being signed by or on behalf of a corporate client, evidence will be required of that person’s authority to sign on behalf of the company. An example is a Resolution from a Limited Company (if registered at Companies House in England and Wales) authorising that person to sign a Power of Attorney on behalf of the company. If the company is foreign registered, there will be additional requirements. Please contact me for more information.
There may be additional identification and other requirements which I can advise you on when I see you and the document.
What happens at the appointment?
The length of your appointment will depend on the work involved, but most appointments last between 15 and 45 minutes. You will be asked to complete a Client Information Form.
You must have with you the document to be notarised, any accompanying instructions or guidelines you have been given and identification (see separate FAQ for further information). If the document requires your signature, please do not sign before our meeting as I may need to witness your signature. I will discuss the document with you and confirm my charges and if you wish to go ahead we can complete the document.
If I am required to certify copy documents, you must have the originals with you and if possible the copies to be certified. Please ensure the copies are in colour and the whole of the document including all edges and all pages are copies. I will have a photocopier in my car if necessary.
when and how do i pay?
You will generally be asked to make payment at our meeting. I have facilities to pay by card or I can give you my bank details for direct bank transfer at the time of our meeting. I can leave my invoice with you for certain corporate matters if agreed in advance.
are there additional requirements for verification of academic certificates or qualifications?
Yes. There will be additional verification requirements if I am to notarise the originals or prepare certified copies of these Certificates. If required, I will email copies to the relevant university or educational organisation to request verification. Many of these require a Consent Form to be signed by the student. Some universities require verification of their certificates to be dealt with through a third party website and this will incur additional fees. It will speed this process up if you contact the relevant university or educational establishment before our meeting to check their verification procedures and if they do require a letter of consent to be signed by you please prepare this and bring it to our meeting, or we can discuss commencing the verification process prior to our meeting.
additional requirements for parental authorities
If you have a document you are signing as a parent of a child (examples are usually consent for your child to travel or consent for an application for a foreign Passport for your child), I will also need to see the child’s full form of Birth Certificate showing your name as parent.
how do i obtain an apostille or legalisation?
Apostilles are issued by the Foreign, Commonwealth and Development Office (“FCDO”) to verify the identity of the official who has signed the document. Not all official signatures can be verified in this way - please see the FCDO information on the gov.uk website. The original document with the signature of the official (usually the Notary) must be produced to the FCDO who then attach the Apostille to the document.
The FCDO do not operate a public counter service. The application must be made in one of three ways:-
i. The online application procedure to the FCDO through the gov.uk website. Turnaround times vary but you should allow up to 3 weeks at peak periods. The Foreign, Commonwealth and Development Office then return the document to you or you can ask as part of the application procedure for the document to be couriered abroad.
ii. I can deal with the application for you. An additional charge will apply.
iii. By using a registered business. There are a number of companies such as consular agents who offer this service.
If you require further legalisation at the embassy or consulate we recommend you use a consular agent. We can arrange this for you.