What is a Notary Public?
A Notary Public is a type of lawyer practising in England & Wales. Most Notaries in England & Wales are dual-qualified solicitors. Notaries Public specialise in dealing and drafting legal documents which are required abroad (in other legal jurisdictions). In some instances, a Notary Public's services can also be used for legal matters in England & Wales.
A Notary Public’s legal duty is to the recipient of the notarial document (the person or persons who may rely on the documents) - not just the person who asks the Notary Public to authenticate them. The Notary Public will usually need to carry out checks into what is being notarised. It is expected that the Notary Public verifies the identity of those who appear before them. It is therefore essential to always bring identification. Anyone who relies on a Notary Public's document will assume that the identity of the appearers have been verified and that the facts and documents are true (unless otherwise stated).
An Independent and Impartial lawyer
Notaries Public are subject to professional rules and regulations. They must act independently and impartially at all times.
It is the duty of a notary public to check:
- Identity of the person signing;
- Legal capacity;
- Authority; and
- Understanding of the document.
In relation to company clients, as well as identification checks on the individual or individuals signing, checks will be made on the company itself by searching Companies House, inspecting the company’s constitutional documents and the Minute Book as required.
Unlike other types of lawyers, a notary public has a primary duty to the transaction, rather than to individual. The notary public must ensure that anyone signing a document does so freely and voluntarily.