What is required
Notarial acts require a high standard of care. Notarial acts are relied on by clients, third parties and foreign governments and officials. The Notary has to protect against error, omission, alterations, fraud and forgery. The requirement of accuracy and validity cannot be overlooked for the sake of urgency or cost saving. However a Notary's responsibility does not extend to advising on the transaction in question.
The Notary is required to obtain proof (to his discretion and satisfaction) of:
- Identity
- Legal capacity and authority
- Clients' understanding of documentation
- Interpretation or translation into or from other languages
- Signature and witnessing
Individuals should produce a current passport or new form of EU driving licence. Other proof of similar validity and reliability may be acceptable. Individuals may be required to produce certificates where applicable of birth, baptism, marriage, divorce, deed poll on change of name or statutory declaration.
In the case of companies, details of the proof and information required should be discussed in advance with the Notary (see "Companies" on Terminology page).
Translations may be required of documents before and/or after or as part of a notarial act. The Notary can usually arrange or advise on this aspect if required.
Foreign & Commonwealth Office endorsement (and/or the endorsements of the relevant High Commission/Embassy/ Consulate of the country in which it is proposed to use the document the subject of a notarial act), is required in some cases for use abroad, as an additional authentication to the notarised document. (see Legalisation page). In urgent cases clients may have to attend in person or incur dispatch/ courier charges.
Time and expense may be saved if the originals or complete photocopies of the following documents are provided in advance:
- All documents to be notarised
- Covering correspondence or forms of instructions from the country to which the documentation is to be provided, that relate to that act
- Identification evidence (as referred to above)
Lastly, the Notary will expect fees to be paid at the time of your visit (see Notary Fees page).
