The Notaries Society – The Representative Body of General Notaries
The Notaries Society is the representative society for approximately 770 Notaries Public in notarial practice in England and Wales.
Established in 1882 and incorporated in 1907, the Society plays a pivotal role in supporting notarial services, and promoting excellence within the professional body of the profession
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What is a Notary?
A Notary is a qualified lawyer and a member of the oldest branch of the legal profession in the United Kingdom.
Appointed by the Court of Faculties of the Archbishop of Canterbury (under the Ecclesiastical Licences Act 1533), Notaries are regulated by the Master of the Faculties.
Their roles are similar to solicitors, requiring them to maintain full insurance and fidelity cover to protect their clients and the public.
Every notary must keep a unique notary seal.
Notaries must keep clients’ funds separate from their own and adhere to stringent practice rules and codes of conduct.
They are required to renew their practicing certificates annually, contingent upon compliance with these regulations.
Only notaries can provide notarial functions in the UK.
Services Provided by Notaries
Notaries offer a wide array of services, primarily focusing on the authentication and certification of documents for international use. Some of the common tasks they perform include:
- Preparing and authenticating powers of attorney for use overseas.
- Assisting the purchase or sale of land and property abroad.
- Authenticating personal documents and information for immigration or emigration purposes, such as certified copy documents for educational or professional qualifications (certify degree), or declarations of freedom to marry.
- Administering Statutory Declarations
- Acting as a Commissioner for Oaths
- Authenticating company and business documents and transactions, or providing certificates regarding the status of a company or the identity of its directors.
- Arranging Apostilles (See our Apostille Service) and Consulate legalisation (See our Country Guide) for more details.
In addition to these services, notaries can provide authentication and secure records for almost any transaction, document, or event.
They are authorised to carry out certain legal work under the Legal Services Act 2007 and can perform any form of legal work except contentious matters, the provision of immigration advice and services, or taking cases to court.
Role of The Notaries Society
The Notaries Society serves as the professional association for notaries in England and Wales, offering support, education, and representation.
The Society’s key functions include:
- Education and Training: Providing continuous professional development opportunities to ensure notaries remain updated on legal practices and standards.
- International Representation: Engaging with international notarial bodies to represent the interests of notaries in England and Wales on a global platform.
- Professional Standards Development: Working towards the advancement and maintenance of high professional standards within the notarial profession.
The Society also plays an active role in reviewing or participating in consultations concerning new or proposed legislation that may impact the notarial profession.
It maintains regular communication with the Legalisation Department of the Foreign and Commonwealth Office, representing the interests of notaries public.
Additionally, the Society liaises with representative bodies of notaries in foreign jurisdictions, ensuring that the profession in England and Wales is aligned with international standards and practices.
Becoming a Notary
Qualification as a notary is regulated by the Faculty Office of the Archbishop of Canterbury under the direction of the Master of the Faculties.
The main regulations are outlined in the Notaries (Qualification) Rules 2017.
Prospective notaries are required to complete specific educational and practical training to be admitted to the profession. Detailed information regarding the qualification and admission process can be found on the Faculty Office website.
Notaries and the Legal Framework
Notaries in England and Wales operate under a legal framework that grants them certain reserved activities, as specified in the Legal Services Act 2007.
These activities include the administration of oaths, the preparation and authentication of documents for use abroad, and other non-contentious legal matters.
The authority of a notary is derived both from statute and from the Faculty granted by the Court of Faculties, enabling them to perform notarial acts in both public (authentic) and private forms recognised in various jurisdictions.
Regulation of Notaries
Notary services are regulated by the Faculty Office of the Archbishop of Canterbury. The Faculty Office look after the issue of practising certificates and disciplinary matters in conjunction with the the Notaries Society and the Society of Scrivener Notaries.
The Importance of Notarial Acts
Notarial acts hold significant weight in both domestic and international contexts.
Documents bearing the signature and seal of a notary are universally recognised, and the facts they contain are treated as evidence of a responsible legal officer.
In England and Wales, court rules expressly state that any notarial act may be received in evidence without further proof unless the contrary is proven.
Conclusion
The Notaries Society plays a crucial role in supporting and regulating notaries in England and Wales. By providing education, representation, and guidance, the Society ensures that notarial professionals maintain the highest standards of practice, thereby safeguarding public trust in notarial acts and services.
FAQs
What is a scrivener notary?
Scrivener Notaries are expert in foreign languages and foreign legal procedures they form part of a livery Company in London and their representative body is the Society of Scrivener Notaries.
What about notaries in Scotland?
Notaries in Scotland don’t have a notary society, the law society of Scotland looks after Scottish Legal Professions which include Scottish notaries.
Can notaries provide Legal Advice?
Yes, notaries can provide legal advice but cannot prepare papers for court actions or represent clients in court.
If you need a notary in London get in touch for your free telephone consultation
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