www.whitehead-monckton.co.uk ©whitehead monckton 2015 1 a guide to understanding your notary by...

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A guide to understanding your Notaryby

Janet GoodeDirector and Notary Public

Whitehead Monckton

March 2015

Demystifying the Notary


• Where do Notaries come from?

• How are they different from Solicitors?

• What do they do and why?

• How does the process work?

• Where can I find one?


Ancient Rome - scribae/notarius/tabellio- legal authority to record

events and draw contracts

- throughout Roman legal systems

Where do Notaries come from?


Where do Notaries come from? (cont.d)

Notaries in England

Not until 13th Century

Ecclesiastical appointment from Pope Nicholas III in 1279

http://en.wikipedia.org/wiki/File:NicholasIII.jpg


Notarii sacrosanctae Romanae ecclesiae auctoritate

• Court of Faculties – 1533 - at Westminster Abbey in London and presided over by the Master of the Faculties, the most senior ecclesiastical judge and a judge of the Supreme Court.

• Power to appoint notaries




• Original criteria - over 21- of sober life- conforming to Church of England doctrines- loyal subject of the King

• Scriveners• Public Notaries Act 1801

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Origin of the red robe


Solicitor Notary

• Separate profession from solicitors (although can be both)

• Public office

Spot the difference


• Exam based entrance and apprenticeship for graduates or solicitors to get Diploma in Notarial Practice

• Apply to Master for a Faculty (licence to practice) and renewed annually

• Knowledge of foreign jurisdictions• Some foreign language• Upstanding and of good character

Qualifications


• English Notary is the link with foreign legal systems.• Governed by rules of the Court of Faculties and the

Notaries Society. • Notaries form part of foreign legal system, but not in

England, so lower profile in England.

What do Notaries do?

http://slidingglassdoorsrepair.com/wp-content/uploads/2009/09/sliding-glass-door-repair1.jpg


• DutiesVerification of documentsDrafting and translating documentsCertifying copies of originalsAuthenticating statements

What do Notaries do? (cont.d)


In practice:• drafting and signing certificates of law or fact• taking affidavits• Witnessing powers of attorney for foreign

lawyers to act• Authenticating education and qualification

certificates




• Drafting single status declarations • Drafting corporate certificates of good standing• Witnessing overseas company board meetings in the

UK• Drawing up ship protests (rare now)• Verifying matters of electronic

commerce

All of which are for registration or evidence in court abroad


• Notarisation - Act of the Notary

- Certifying, signing, hearing affidavit

- Finalised by sealing

How does the process work (cont.d)?


Legalisation

- Authentication of Notary’s position by foreign embassy

- Apostille under Hague Convention of 1961

- Legalisation Section of the Foreign and Commonwealth Office at Milton Keynes



• Website of the Notaries Society

• Recommendations from solicitors

• Kent & East Sussex Notaries Group

Where can I find a Notary?


Janet Goode

Director and Notary Public

[email protected] 698047

Need further advice?

mailto:[email protected]

www.whitehead-monckton.co.uk ©whitehead monckton 2015 1 a guide to understanding your notary by...

Documents

notaries form

notaries society

foreign legal systems

legal authority

roman legal systems

english notary

supreme court

senior ecclesiastical