©Whitehead Monckton A guide to understanding your Notary by Janet Goode Director and Notary Public Whitehead Monckton March 2015 Demystifying the Notary

©Whitehead Monckton 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?

©Whitehead Monckton Ancient Rome -scribae/notarius/tabellio -legal authority to record events and draw contracts -throughout Roman legal systems Where do Notaries come from?

©Whitehead Monckton Where do Notaries come from? (cont.d) Notaries in England Not until 13 th Century Ecclesiastical appointment from Pope Nicholas III in 1279

©Whitehead Monckton Notarii sacrosanctae Romanae ecclesiae auctoritate Court of Faculties – 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 Where do Notaries come from? (cont.d)

©Whitehead Monckton Where do Notaries come from? (cont.d) Original criteria - over 21 -of sober life -conforming to Church of England doctrines -loyal subject of the King Scriveners Public Notaries Act 1801

©Whitehead Monckton 2015 Origin of the red robe

©Whitehead Monckton Solicitor Notary Separate profession from solicitors (although can be both) Public office Spot the difference

©Whitehead Monckton 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

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11 ©Whitehead Monckton 2015 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?

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13 ©Whitehead Monckton 2015 Duties Verification of documents Drafting and translating documents Certifying copies of originals Authenticating statements What do Notaries do? (cont.d)

©Whitehead Monckton ©Whitehead Monckton 2015 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 What do Notaries do? (cont.d)

©Whitehead Monckton ©Whitehead Monckton 2015 What do Notaries do? (cont.d) 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

©Whitehead Monckton ©Whitehead Monckton 2015 Notarisation -A ct of the Notary -Certifying, signing, hearing affidavit -Finalised by sealing How does the process work (cont.d)?

©Whitehead Monckton 2015 Notary’s stamp – no legal effect How does the process work (cont.d)?

©Whitehead Monckton ©Whitehead Monckton 2015 Legalisation -Authentication of Notary’s position by foreign embassy -Apostille under Hague Convention of Legalisation Section of the Foreign and Commonwealth Office at Milton Keynes How does the process work (cont.d)?

©Whitehead Monckton ©Whitehead Monckton 2015 Website of the Notaries Society Recommendations from solicitors Kent & East Sussex Notaries Group Where can I find a Notary?

©Whitehead Monckton ©Whitehead Monckton 2015 Janet Goode Director and Notary Public Need further advice?