Visiting A Notary
It is almost always the case that you will have been asked to see a notary because you have a document that needs to be used abroad. Seeing a notary is never a mere rubber-stamping exercise. The international duty of a notary involves a high standard of care, not only towards the transaction at hand, but also to anyone who may rely on the document and to Governments or officials of other countries. These people are entitled to assume that a notary will ensure full compliance with the relevant requirements both here and abroad and to rely on the notary’s register and records.
Great care is essential at every stage to minimise the risks of errors, omissions, alterations, fraud, forgery, money laundering and the use of false identities.
What does a notary do?
Examples of services a notary can provide include:-
- The preparation and execution of powers of attorney
- Authenticating foreign wills and providing documentation to deal with the administration of the estate of a person who has died leaving assets abroad
- Certifying copies of documents eg exam and degree certificates
- Notarising copies of identification, eg to open a bank account abroad
- Authenticating documents for immigration or emigration purposes, or to apply to work or marry abroad
- Assisting with the sale or purchase of land overseas
- Travel consents for minor children
- Arranging for an apostille and legalisation
Key Stages of a Notarial Transaction
The key stages of a matter will vary depending on the nature of the act, the complexity of the matter and timescale it will take to complete the instructions.
Common stages of a notarial transaction often include:-
1. A review of the documentation provided;
2. Corresponding with the client and overseas legal advisor (where applicable);
3. Drafting a notarial certificate;
4. Attendance at a meeting;
5. Finalising the documentation (signing and affixing my seal, ensuring all pages of the
document are secure etc.); and
6. Arranging an apostille / legalisation (where required).
