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Frequently asked questions (Notarial)

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What does notarial certification or notarisation mean?

The purpose of notarial certification or notarisation is the authentication of legal documents by a notary. This is usually required to enable a particular document to be effective abroad and to be accepted as a valid legal document by foreign courts, notaries, registries or other public bodies. Notarisation confirms that all legal formalities for the execution of a document have been complied with.

The form of notarisation varies according to the document and the country where it is to be used. The notary certifies the genuineness of the signatures on the Notarial Act in public form or private document, the identity and capacity of the persons signing and, eventually, their authority to act on behalf of the company or entity they are signing for. A notary may also certify that it is a true copy of an original document or that the document is correctly executed in accordance with English law. A notarised document must always have the notary’s signature and official seal.

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What is an apostille?

An apostille is a certificate issued (in the U.K.) by the Foreign and Commonwealth Office (FCO). It confirms that a document was signed by the person whose signature is on the document. Often this is the signature of a notary, but the FCO also has other signatures registered with it, such as those of some officials such as Registrars of Births, Deaths and Marriages (if this was in the UK). Each document carries its own apostille and these currently cost £30.00 or £75.00 each depending on the speed of service. Apostille on a notarised document is required by many countries.

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What documents do you notarise?

We offer a full range of notarial services. We notarise documents for use in all countries around the world, be in public form Notarial Act or private documents and sometimes in the bilingual format. Please see Notary Services for further information. You can also call 020 7937 8524, or send an email to office@salingernotary.co.uk to enquire about the particular document you need.

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What about documents in a foreign language?

If a document requiring notarisation is in Polish, Russian or Ukrainian our notary can deal with these as he is familiar with these languages. If a document requiring notarisation is as in another foreign language it is usually necessary for the document to be accompanied by the English text either prepared by the originator of the document or translated by an official legal translator who will then may to sign a statutory declaration certifying that it is a true translation.

In exceptional cases the Notary may be satisfied to authenticate the execution of the documents (but not to provide full notarial certification) and affix his seal of office and signature on documents in a foreign language if he is fully satisfied that the person signing is conversant with the language of the document.

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Is there any difference between a notary and a solicitor?

A solicitor is not trained to certify documents intended for use outside England and Wales – this is the role of a notary. The notary owes duty of care to all persons worldwide who may place legitimate reliance on his notarial acts. This is a serious responsibility, which means that a notary must always be independent and impartial when certifying a document to ensure strict compliance with legal requirements. A notary’s act is accepted as an accurate statement of the facts stated in it and for this reason it can be relied upon all over the world.

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Is an English notary in any way different from a notary overseas?

Although all notaries authenticate documents, there are differences between the role of  English notaries and that of civil law notaries and US notaries:

Notaries are an integral part of the legal system in civil law jurisdictions, such as most of continental Europe and South America. In those countries, a notary is required for the preparation and authentication of a great number and variety of legal documents and a notary in such countries would deal primarily with documents for use within his own jurisdiction.

In the US, by contrast, being a notary is not a profession and US notaries are usually neither required to have any legal qualifications, nor to maintain indemnity insurance cover. US notaries most often certify documents for routine matters by simply signing and stamping a pre-printed form. As becoming a notary is very easy and there are very few rules to comply with, fees are very low. Clients sometimes ask if ‘US notaries’ are available in the UK: apart from their equivalents at the US Consulate, who will notarise documents for US citizens only, the answer is ‘no’, but a UK notary is the appropriate person to certify documents for use in the US.

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Do I need to sign in the presence of a notary?

In most cases, yes. The first time we notarise a client’s signature on a document, our notary must meet the signatory in person, identify them by means of their identity documents and witness their signature.

It is particularly necessary that the document should be executed in the presence of the notary where this is required either by English law or by the applicable foreign law for the formal validity of the document. Affidavits, statutory declarations and certain public form powers of attorney must always be signed in the presence of the notary. It is often clear on the face of the document when the notary must be present, for example by the inclusion of the words “Before me”.

In some cases where the notary does not need to state expressly that the document has been signed before him/her, and we already have a record of the signature on file, the documents may be sent to our office and the notary may certify the genuineness of a signature without witnessing it.

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Do I need an appointment?

Yes. Although we are sometimes able to accommodate walk-in clients, it is preferable to book an appointment in advance to make sure the notary will be available to see you. This also allows us to ensure we have all necessary documents in advance, so the appointment is as brief as possible.

To make an appointment call 020 7937 8524, or send an enquiry by email to office@salingernotary.co.uk, so we can arrange a suitable time for you to attend at our office.

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Can you come to my office or home?

Yes, in most cases the notary will be able to attend clients’ offices in the locality of our office. An attendance fee will be charged and this will depend upon the location and duration of the appointment.

Notarial appointments can also take place at the client’s home, at a hospital or another location – please call 020 7937 8524 or send an enquiry by email to office@salingernotary.co.uk and we will do our best to suit your requirements.

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What documents do I need to bring to the notary office?

In addition to the document to be notarised you need to bring proof of your personal identity  and proof of address.

If you are signing a document on behalf of a company or organisation, we will also need to see evidence of the organisation's existence and of your authority to sign on its behalf - for example, power of attorney or board resolution.

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What types of personal identity documents are acceptable?

In accordance with the Notaries Practice Rules 2019, anti-money laundering regulations and other applicable legal requirements, we are obliged to keep sufficient evidence on our files of the identity and the address of all our clients before we undertake any work.

For this reason, the first time a person uses our services, we will need to see a photo ID and a document showing the client’s current address. We will need to take copies but any details we keep will remain fully confidential and will not be used for any other purposes as enacted by by the Data Protection Act 2018.

Please note that you must show us original documents that have not expired.

Here are some examples of personal ID documents:

  • Passport
  • National Identity Card
  • Driving Licence (with photograph)
  • Some official licences and cards, such as armed forces ID cards (with photo and signature).

Proof of address can be one of the following original documents:

  • Bank statement or letter (but not credit card statement) dated within the last 3 months
  • Utility bill dated within the last 3 months (which should not be mobile phone bill, but can be a printout of an online statement with address)
  • Other document like council tax bill or statement, or letter from the electoral register
  • Up to date certified copy of partnership agreement (for LLPs etc)
  • Evidence of being regulated by a regulatory body such as the Law Society or FSA.

If these documents have already been shown to the notary once, it will not be necessary to produce them again until they expire.

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How long will it take for the documents to be ready?

For the vast majority of straightforward matters and if legalisation is not required, we aim to complete the job and issue the notarial certificate either during the appointment in our notary office or, if you are not attending, to complete and return the documents within the same day. However, when the matters are more complicated or we need to be provided with supporting documents, we will aim to let you know at the outset how long the matter should take. Documents that need to be legalised will take longer, although we aim to have commercial documents notarised and apostilled on the same day if we receive them early enough.