Notarial certification is commonly required where a document is intended for use in another country and must be presented to overseas courts, public authorities, registries, financial institutions or other notaries.
The certification required will depend on the nature of the document, the transaction involved and the rules of the country in which the document will ultimately be used.
Notarial Services
I assist individuals and businesses with documents intended for use internationally. My approach takes account of the requirements of the relevant foreign jurisdiction so that both the underlying document and the accompanying notarial certificate are prepared in the appropriate form.
Where additional authentication is necessary, I can also assist with the legalisation process. Depending on the destination country and applicable requirements, this may involve obtaining an apostille or arranging further authentication through the Foreign, Commonwealth & Development Office and/or the appropriate embassy or consulate.
A wide variety of documents may require notarisation. Common examples include:
- Documents relating to the transfer, creation or assignment of property rights, including transfers, mortgages, assignments and bills of sale;
- Powers of attorney and other forms of authority;
- Affidavits, sworn statements, oaths and statutory declarations.
I provide notarial certification for documents intended for use across a broad range of jurisdictions and transactions, including: banking, finance, overseas subsidiaries, corporate operations, insurance, trade marks and intellectual property matters.
If you bring a document to me for notarisation, I will advise you on the formalities required to complete it correctly. My role will generally be limited to the notarial aspects of the document rather than advising you on the underlying transaction itself.
In some circumstances, however, my work may extend beyond certification. Where appropriate, and depending on the requirements of the relevant jurisdiction, I can assist with the form and wording of documents intended for use overseas and help ensure that the documentation meets the applicable formal requirements.
For transactions involving certain civil-law jurisdictions, I can also prepare notarial certificates or instruments in public form where required.
Electronic Notarisation
As electronic signing becomes increasingly common in both personal and commercial transactions, I am able to provide notarial certificates in electronic form where appropriate.
Where a matter is suitable for electronic notarisation, I can work with lawyers or other professional advisers in the country where the document is intended to be used. This helps ensure that the signing and notarisation process satisfies the applicable requirements in England and Wales, as well as any formalities imposed by the receiving jurisdiction.
Practical Information
Where a person signing a document is not already known to me, I will normally need to verify their identity. This will usually involve providing a valid passport or other acceptable identification. If the individual is signing in a representative capacity for a company or other organisation, I may also require documentation confirming their authority to act on its behalf.
As the requirements for each notarial matter can differ considerably, the timescale and the applicable fees will depend on various factors such as the nature of the document, the transaction involved and the country in which the document is intended to be used. I will confirm the relevant requirements, anticipated costs and expected timeframe once I have reviewed the documents and details of the matter.