VocabuLaw

Notary

What is it and what does it mean?

Description of the legal term Notary:

A notary, in the British legal context, is a qualified legal practitioner whose primary function is to authenticate and certify signatures, administer oaths, and witness and authenticate documents. They serve as impartial and official witnesses to the execution of documents of legal importance, particularly those that are intended for use outside the UK.

The role of a notary in England and Wales is distinct from that of a solicitor, although many notaries are also qualified solicitors. Notaries must be appointed by the Archbishop of Canterbury and are subject to regulation by the Court of Faculties. The rules governing their conduct are similar to those imposed upon solicitors, in that they must maintain high standards of professional conduct and are required to hold insurance to protect the public.

Their services are especially crucial in international commerce and law, where they facilitate the circulatory life of documents. What notaries do has a considerable impact on the legal validity of documents across borders, as notarised documents can be used to assert the credibility of the signatures and the identity of the signatories involved, often without further proof.

A notary’s responsibilities include ensuring that the signatories of a document are who they claim to be, have the capacity and authority to sign, and are doing so willingly and with an understanding of the document’s contents and consequences. Notaries may also provide legal advice concerning the documents they are asked to notarise, though their principal role is to provide a trusted method of certifying documents for use abroad.

The significance of a notary’s certification can be traced to the principle of “lex loci actus”, which suggests that a deed or act is governed by the law of the place where it is executed. In the United Kingdom, as in many other legal systems, notarisation is a means to give a document a formal status in a foreign jurisdiction.

Legal context in which the term Notary may be used:

For instance, a UK-based company looking to establish a business relationship with a foreign company may need to provide evidence of the company’s existence and the authority of its officers. Here, a notary might be tasked with authenticating corporate documents such as certificates of incorporation, articles of association, or resolutions from the board of directors. The notary would verify the authenticity of these documents, ensure they are properly executed, and then affix their seal and signature, signalling to the foreign company and authorities that the documents are credible and trustworthy.

Furthermore, an individual who wishes to work or study abroad might be asked by the receiving country to provide a notarised copy of their academic qualifications or a power of attorney granting a representative authority to act on their behalf while they are overseas. In this scenario, the notary would again be responsible for verifying the person’s identity and qualifications, ensuring the document reflects the true intention of the individual, and then notarising the document to certify that it has been properly executed before it is used abroad.

The services provided by notaries are crucial to ensuring the smooth operation of international legal transactions. Their unique role in the authentication of documents and the confirmation of their validity under law means that notaries play an indispensable part in facilitating trust and legal certainty in a globalised world. The official seal of a notary gives a document an international character, enabling it to be recognised and respected across jurisdictions and thus underpinning international commerce and justice.

This website is for informational purposes only and may contain inaccuracies. It should not be used as a substitute for professional legal advice.