David Bishop is also
a Notary Public. In England and Wales Notaries are largely concerned
with the verification of documents and information that will be
used in other countries in the world, for clients who have business
or property overseas, or who are involved in litigation in foreign
Courts.
Notaries form an independent branch of the legal profession, although
most are solicitors. Their practice as Notaries is quite separate
from their practice of any other profession or business, and is
not controlled by the rules affecting solicitors.
While Notaries have the powers of a Commissioner for Oaths (and
most of them are also solicitors) the work they do is mainly concerned
with foreign matters and their procedures are entirely different.
Identification Requirements
One of the mains functions of a Notary is to verify the identification
of the person appearing before him. A passport should therefore
be produced in support of identification together with a document,
such as a utility bill, which gives the name and address of the
client.
There are more complicated requirements where documents are being
signed on behalf of an organisation such as a Limited Company. There
it is necessary to confirm both the identity of the organisation
and the individual and also the position of the individual in the
company and their authority to sign the particular document on behalf
of the company.
The individual therefore needs to produce the same identification
as required above and a letterhead would be required from the company
giving its details. In the case of a Limited Company these details
can usually be verified through Companies House and if the person
signing is a Director or Secretary of the company this can be established
in this way. Further evidence will be required of the authority
of the individual or individuals to sign on behalf of the company
and this will normally be in the form of a Board Resolution confirming
that authority.
Legalisation
Many countries require documents to be verified not only
by a Notary but also for the Notaries signature and seal to be legalised.
An increasing number of countries accept the Hague Convention on
legalisation which means that they will accept an Apostille attached
to the document by the Legalisation Section of the Foreign and Commonwealth
Office.
This requires that the document has to be sent to the Foreign and
Commonwealth Office in London for the Apostille to be attached and
this obviously involves additional time.
In addition to the time taken for the document to get to London
and back, the Legalisation Office can take up to ten working days
to process documents although they will usually turn them around
more quickly for Notaries. In very urgent cases it is possible to
have documents legalised by personal attendance in which case they
will be done while you wait.
There are agents in London who will attend at the Legalisation Office
to obtain an Apostille but obviously their charges are in addition
to the basic legalisation fee, which is currently £12 with
an extra £3 if the document is to be returned registered post.
Some countries require still further legalisation in addition to
the Foreign Office Apostille and this usually has to be done by
the Consulate or Embassy of the country concerned and again the
fees are variable.
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