Notarial
• Notarising Documents
Notarising documents means endorsing documents so that they may be used abroad. Usually this involves a Notary Public witnessing the signature of the person signing the document and then adding his own signature and seal in order to verifying such signing.
The person signing the document is required to identify him or herself.
Further it is the Notary’s duty to ensure that the person signing understands the nature of the document being signed and that there is no apparent evidence of duress or fraud.
This done to ensure that the party receiving the document in a foreign country is reasonably certain that the document is genuine and that it has been signed by the person purporting to sign it.
This is because very considerable commercial and legal consequences can and do flow from the use of that document.
Where company’s are executing documents there is a further requirement of evidence that the person signing the document has the authority to sign vested in him or her by the company concerned. This is either by virtue of his or her position in the company, such as director or the passing of a board minute authorising signature.
Notarial duties also extend to producing certificates to the effect that certified copies of documents are genuine and complete copies of the original documents produced to him. This applies to passports, educational or other qualifications and such like.
• Legalisation documents at the Foreign and Commonwealth Office and Embassies
The Apostille under the Hague Convention
A considerable number of European countries and countries worldwide who are not a part of the Commonwealth require a further level of verification of documents in addition to Notarisation.
Where the Apostille (which just means “stamp” in French) is required the notarised document is sent to the Foreign & Commonwealth Office.
There, on payment of a fee per document, the signature and seal of the Notary are checked against a central register and if the FCO is satisfied that they are genuine it places a certificate or Apostille on the document to confirm this. Thus the original signature has been checked by the Notary and the Notary’s signature checked by the FCO.
Exactly the same process can be carried out at Foreign Embassies and Chambers of Commerce if and when required.
Please contact David Jackson for further information.