Activities of a Notary Public in England and Wales
Activities of a Notary Public in England and Wales ACTIVITIES OF A NOTARY An English Notary Public serve both private citizens and businesses involved in international trade or activities. The most typical assignments consist of: Getting powers of attorney ready and validated for usage abroad Authenticating or notarising documents for the buying and selling of real estate overseas. Notarising international wills and supplying paperwork related to handling the management of overseas estates for individuals who possess property overseas Notarising personal information and documents, such as degrees of education or professional experience or declarations of freedom to marry, in order to facilitate immigration or emigration, apply for marriage or employment abroad, or both. Notarisation of documents in proof a company’s status or the identities of its directors, or authenticating business and corporate papers and transactions What more are Notaries able to do? Under the Legal Services Act of 2007, notaries are expressly permitted to do certain Reserved Activities. They are also able to perform any type of legal work, with the exception of handling contentious matters, providing legal advice and services related to immigration, and representing clients in court. About 50% of notaries double as solicitors, handling broad legal matters in that role. Some, like the Scrivener Notaries in London, focus solely on serving families and private clients, handling matters related to property and business, such as conveyancing and wills, probate, and estate administration. Documents on paper or in electronic form? Notaries generally create notarial certificates on papers, but some also offer secure electronic versions of their documents. While not all nations accept electronic documents, more and more are beginning to do so. The process of producing an electronic document through electronic notarization is known as electronic notarization; whether or not the document’s creator can sign it via video link instead of physically visiting the notary’s office is a different matter that will be covered below. However, e-signatures may not be accepted in many countries even if e- apostille is accepted. Is it possible to obtain a notary without physically visiting their office? Is it possible to obtain a notary without physically visiting their office? Certain documents, like your degree certificate that has been verified and notarised, do not require signatures in front of a notary. On the other hand, you will typically have to visit the notary at their office if your document needs to be signed by you before the notary. Some notaries may offer remote notarisation through video conference links—also known as remote online notarisation. Your notary will confirm whether the document can be signed remotely and whether the country in which it will be used will accept it. Legalisation, Notary May 1, 2024 admin Leave a Reply Cancel reply Logged in as nader farhani. Edit your profile. Log out? Required fields are marked * Message* Δ This site uses Akismet to reduce spam. Learn how your comment data is processed.
UAE Consular Legalisation
UAE Consular Legalisation by Richard Gregory Horton Legalisation Department at LM NOTARY PUBLIC LTD If you need to use your documents in the United Arab Emirates, it is likely you will require consular legalisation from the UAE embassy in London. This is because the UAE is one of the few countries not to have signed the Hague Apostille Convention, which allows documents with a notary’s stamp and an apostille from the Foreign Office to be used abroad. Once your documents have been notarised and apostilled, the next step is to pay the fees for legalisation. These will be considerably higher for commercial documents, running to £500 – £600 per document, than for personal identity and educational documents. Once we have received the embassy’s fees, our administration fees, and postage, we can process your documents along with the required cover notes, and they should arrive at the embassy by special delivery the next day. The consular legalisation department ask that we give them a week to process applications for legalisation at the best of times, and they usually keep to this timetable. When the process is completed, they will return the documents in a prepaid special delivery envelope we have included with the application, and they should arrive the next day at your UK address, or back at our office, whichever you have specified. The process is now complete, having taken about 10 days assuming no delays, and your documents are ready to be used in the Emirates! Legalisation, Notary February 9, 2024 admin Leave a Reply Cancel reply Logged in as nader farhani. Edit your profile. Log out? Required fields are marked * Message* Δ This site uses Akismet to reduce spam. Learn how your comment data is processed.
When Do You Need an Apostille?
When Do You Need an Apostille? In our increasingly interconnected world, the need for international document validation has become a common occurrence. Whether you’re relocating for work, studying abroad, conducting international business, or navigating legal matters across borders, ensuring your documents are recognized in foreign countries is paramount. This is where the magic of an “Apostille” comes into play. In today’s blog post, we’ll unravel the mysteries of apostille and explain why it’s a crucial service offered by Notary Public professionals. What is an Apostille? An Apostille is a special certification that authenticates the origin and legitimacy of a document for use in foreign countries that are part of the Hague Apostille Convention. Essentially, it is an internationally recognized seal that verifies the document’s authenticity and eliminates the need for further certification or legalization in the destination country. When Do You Need an Apostille? Apostilles are typically required for documents that are intended for use abroad, including but not limited to: The Role of a Notary Public in Obtaining an Apostille: While the Apostille itself is not applied by a Notary Public, their role is pivotal in the process. Here’s how a Notary Public can assist: Benefits of Using a Notary Public for Apostille Services: Conclusion: In a world where global mobility and international connections are increasingly common, the apostille has become an indispensable tool for ensuring your documents hold weight abroad. A knowledgeable Notary Public can be your invaluable partner in navigating the complexities of apostille certification, making the process smooth and hassle-free. So, if you have documents destined for international use, don’t overlook the power of the apostille and the expertise of a Notary Public. Apostille, Notary September 8, 2023 Leave a Reply Cancel reply Logged in as nader farhani. Edit your profile. Log out? Required fields are marked * Message* Δ This site uses Akismet to reduce spam. Learn how your comment data is processed.
Notarising an Indian Power of Attorney
It is fairly common for Indian expatriates to own or posses properties in India. As such they give powers to someone within the family or those well known to them to deal with matters relating to their property. Power of Attorney is also created to avail Bank loans / mortgages and similar matters. By the execution of power of attorney, such powers are delegated in the manner as described in the document. The execution of an Indian Power of Attorney is often done before a Notary Public . Process and Creation of Power of Indian Power of Attorney The (Indian )Contract Act 1872 governs with agency created by Power of Attorney. An ‘Agent’ is someone employed to do any act for another or to represent another in dealings with third person/s. The person for whom such act is done, or who is so represented, is called the ‘Principal’ or Donor or Grantor in case of Power of Attorney. The person to whom such powers are given is an “Attorney”. The powers or authority of an Agent may be expressed or implied. An express authority can be given preferably as written document. An implied authority is gathered or inferred from the circumstances of the case. However, this usually does not apply for those sent from abroad. The best practice to commence the process is to seek professional legal advice from someone in the receiving jurisdiction (relevant state in India ) experienced in such matters. If the receiving local authorities or officers in India find the contents of the Power of Attorney ambiguous they may reject. If it does not confirm with their formalities or requirements, they may refuse to act or reject the document. Your Attorney in India may also send you the drafted Power of Attorney, however, it is strongly recommended that a professional Indian legal advisor review the Powers you give in the document. This is done to ensure that you understand the legal implications of signing the same. For eg: If the Power of Attorney is irrevocable or with powers to sub-delegate. India is a federal union comprising 28 states and 8 union territories, with a total of 36 entities. They follow respective rules and guidelines , therefore the execution formalities or process of executing Power of Attorney abroad may not be uniform or similar for all states. Formalities or process for a Power of Attorney executed for state of Punjab may not be the same for Gujarat or Andhra Pradesh. The Indian Power of Attorney will usually require you to have two witnesses who will sign the document. You must ensure that the witnesses are not related to you. Ideally, friends colleagues or neighbours ,or those do not benefit from the execution of Power of Attorney in any way. The Power of Attorney will then have to be notarised by a Notary Public . It is important to find a Notary Public who knows the intricacies and formalities and complications of Indian legal documents, as they are to be signed , completed and notarised in a peculiar way. Further legalisation from High Commission of India or Apostille from FCDO As explained previously, in some cases, the next step will be to arrange an Apostille from Foreign Commonwealth Office (FCDO) . The Apostille is given on the Notary`s Certificate on the document, and your Notary should be able to arrange the Apostille. In some cases you may visit the Indian High Commission in the UK to get your documentation further legalised. The Indian High Commission has specific requirements for individuals who require attestation of their documents. You will find some details in this link: https://www.hcilondon.gov.in/page/consular-information/ In essence, a Notary who is familiar with the above formalities, like the writer of this article, can advise you to ensure smooth and effective completion of the process.
Role and Function of a Notary Public in England and Wales
Role and Function of a Notary Public in England and Wales A Notary Public is appointed by the Court of Faculties of the Archbishop of Canterbury under Ecclesiastical Licences Act 1533 and are subject to regulation by the Master of the Faculties. Although the Faculty Office of the Archbishop of Canterbury regulates Notaries, he/she is a secular lawyer and is not otherwise associated with the Archbishop or the Church of England. In England and Wales there are two main classes of notaries – general notaries and scrivener notaries and their functions are almost identical. A Notary Public is most particularly concerned with authenticating and certifying signatures, authority and capacity relating to documents for use abroad. A Notary Public is also a Commissioner of Oaths – who is authorised to verify legal documents, declarations and affidavits (a written statement confirmed by oath) for use as evidence in court, provided he/she is not interested in the matter for any reason. A Notary should be impartial and shall maintain absolute independence from all individuals and entities that he/she may associate with. The notary affixes their notarial certificate to the document being notarised. The notarial certificate is then signed and sealed with an official seal. The form of notarial certificate depends on whether the document is required in private form or public form, both forms are briefly outlined in the following paragraphs. A completed notarised document should not be taken apart (for example, to make a photocopy) as it may not be accepted at the receiving jurisdiction. The notarised documents are often securely fastened with special rivets to avoid tampering during the transit. Private Form Private form of notarisation is the most common task of a Notary Public. A Notarial certificate is to be affixed to the document by the notary, which authenticates the execution of the document in their presence. Public Form Public Form is a narrative of events given by the Notary Public. The Notary draws up the narrative, confirming the identity of the parties and all matters the parties wish to record in the statement. Most of the Spanish notarial acts are in public form. International or cross-border transaction, particularly involving finance matters often require notarisation. Your Notary does not impart legal advice on the contents of the documents presented before them although they prepare statements based on instructions. It is therefore essential that parties take appropriate legal advice from the receiving jurisdiction, before documents are notarised, also to ensure that it will be fully enforceable in the receiving jurisdiction. However, your Notary should advise you of the legal formalities to be observed under English Law whilst executing a docu Notary January 3, 2020 admin 4 Comments When Do You Need an Apostille in ? – LM Notary PublicSeptember 8, 2023 at 10:27 am | Edit […] unravel the mysteries of apostille and explain why it’s a crucial service offered by Notary Public […] Reply adminMarch 12, 2024 at 2:47 pm | Edit Thank you! Reply Miss LD ParkerApril 12, 2021 at 9:28 am | Edit How do l know if inheritance is legall. L have been contacted online by a friend who states he wants to name mein his fathers will. the notary office is very vague about the fees l need to pay and l have only received one officail looking document without a company registration no. L believe this is a scam From Benin. When l google the notary names he is not showing in any basic searches. All correspondance has been via email from notary with a hotmail address and no officail address or reg no following. Reply Judith GoaterDecember 14, 2020 at 11:07 am | Edit We are selling our property in galicia n.w.spain, the escrituras have been altered and we of course cannot travel to sign the documents which are being sent to our UK address where we live down here in Cornwall. We need to sign the documents in front of a notary or would a conveyancing solicitor be ok. Perhaps you could advise of where we need to go in Cornwall to get this service. Thankyou. Reply Leave a Reply Cancel reply Logged in as nader farhani. Edit your profile. Log out? Required fields are marked * Message* Δ This site uses Akismet to reduce spam. Learn how your comment data is processed.
Apostille and Legalisation
Apostille and Legalisation The Hague Convention XII of 5 October 1961, an international treaty of Private International Law abolished the requirement of Legalisation of Foreign Documents, (via Consular offices/ Embassy/ High Commission) and replaced it with the procedure of “Apostille” which consists in applying a Certificate of Apostille. What is an Apostille Apostilles are certificates affixed by Competent Authorities designated by the government of a state which is party to Hague convention. This is often done with prior notarial attestation (attestation by a qualified Notary Public) although it is different in some countries. A list of these competent authorities is maintained by the Hague Conference on Private International Law. Authorised signatories can include embassies, ministries, courts or (local) governments. For example, in the United States, the Secretary of State of each state and his or her deputies are usually competent authorities. Most countries follow a similar pre-requisite procedure of having an authentication by a qualified Notary Public prior to the documents being sent to authorities. In the United Kingdom all apostilles are issued by the Foreign and Commonwealth Office in Milton Keynes. In India, all apostilles are issued by Ministry of External Affairs. Essentially, it is the process of authentication of documents designed for member countries of Hague Convention, inorder to use them abroad. Therefore, the documents issued in a country, that is party to Hague Convention, which have been certified by an Apostille shall be recognised in any other country which is also a party of the Convention, without any other further kind of authentication being required. Fundamentally, if both countries are parties to Hague Convention, an apostille is sufficient to confirm the validity of a document, and removes the need for double certification, by the originating country initially and then by the receiving country. Following countries are currently signatories to Hague Convention: What is Consular Legalisation For countries which have not been part of the Hague Convention of 5th October 1961, documents must be legalised at the Consular Offices/ Embassies / High Commission Offices of the country in which it is executed by parties. Practice followed by countries Although a good number of countries are parties to the said Convention, procedures followed by individual countries are drastically different. Ironically, complications often arise when these countries may still require an Apostille certificate before a consular legalisation. To the contrary, some counties would simply accept documents authenticated by Notary Public, without any further formalities. Essentially, no uniform procedure has been followed in relation to legalisation of documents for use abroad. China and Pakistan (although Pakistan is not a party to Hague convention, they require a certificate issued by FCO) often require both forms of legalisation. However, countries with federal structure or quasi-federal structure appear to be unmethodical with their extant rules. When you have a dream job abroad, you will find the whole process daunting, unless you have someone competent to support you with appropriate advice. For example, United States of America, states follow different procedures. Some states would accept documents authenticated by a Notary Public without any further authentication. India, a quasi-federal nation is another example, where states follow different rules. Regardless of India being a party to Hague Convention, some states still do not recognise or acknowledge the certificate of “Apostille” without having a consular legalisation in place. Most of the states would still require consular legalisation alone, despite India being a party to the International Treaty of Hague Convention. Indian diaspora, being the highest as compared to the countries all over the world, they often find this conundrum quite cumbersome particularly because appointments at the consular offices are often done at the cost of a man-day. The cardinal objective of the aforesaid aspect of Private International Law is simply authentication of signatures/ documents, waiving the requirement of consular legalisation. However, these unmethodical procedures are often viewed as complex when foreign investments and migration are becoming increasingly common and consequently need to be addressed.
Estate administration with foreign assets
It has become increasingly common for British retirees to live abroad and we can often come across probate matters where foreign assets are involved. The presence of foreign assets can be a complex issue in the process of administration of the estate of the deceased. It can pose complex cross-border issues whether or not a valid Will is in place. If you are dealing with foreign assets in the administration of the estate of the deceased, the following matters are to be considered: The place of domicile of the deceased at the time of death (domicile is a complex technical term to identity the place/country you live in and substantial connection with) Whether the assets include both movable and immovable assets (movable assets are shares,furniture, cars, jewellery, cash in bank and other assets of this nature. Immovable assets are land and buildings) The place where are the executors and personal representatives located. Determination of tax point Is there a lawyer involved in the place assets are situated? Many countries do not have the concept of executors and look to the heirs to deal with the deceased assets. Law of the place where the property is situated governs the validity of dispositions. It is therefore strongly advised to have a foreign qualified lawyer in place to facilitate smooth progression. A non-resident has absolutely no effect on their liability to Inheritance Tax (IHT). This is because the IHT rules look at two factors (a) the domicile of the person and (b) location of the assets. The process can therefore vary on case to case basis depending on the situation. Upon grant, the grant of Probate has to be legalised correctly and often within a specific time period before it can be enforceable abroad. It can either be in the form of an “Apostille” or “Legalisation” by the consular office. An Apostille is a certificate issued by the Department of Foreign Affairs (Foreign commonwealth Office) verifying the genuineness of the signature and/or seal of a public officer on a Grant of Probate and the capacity in which he or she has acted. The Apostille procedure applies in lieu of Legalisation between countries that have signed and ratified or acceded to the Hague Convention of 5 October 1961. The countries in which the Apostille procedure applies may be checked on the Hague Convention website, where a list of countries adhering to the Apostille system abolishing the need for legalisation Legalisation (in some countries spelled ‘Legalization’) is an internationally recognised procedure for certifying the authenticity of official signatures and/or official seal applied to a public document such as Grant of Probate. Still, the verification process is similar; however, it requires the additional Embassy Legalization by the Consular Office of the country in which the document is to be used.