Frequently Asked Questions
What is a Notary Public?
A Notary is a qualified lawyer – a member of the third and oldest branch of the legal profession in the United Kingdom. They are appointed by the Archbishop of Canterbury and are subject to regulation by the Court of Faculties. The rules which affect Notaries are very similar to the rules which affect Solicitors. They must be fully insured and maintain fidelity cover for the protection of their clients and the public. They must keep clients’ money separately from their own and comply with stringent practice rules and rules relating to conduct and discipline. Notaries have to renew their practising certificates every year and can only do so if they have complied with the rules.
What is an Apostille?
An Apostille is a device introduced by the Hague Convention to do away with the necessity of having a document legalised by the Consulate of the country for which the document is needed. Countries which have signed up to the Hague Convention have agreed to require no other formality other than a stamp (the Apostille) put on by the government of the country in which the Notary works. In the UK the Apostille is affixed by the legalisation department of the Foreign & Commonwealth Office who have records of all practising notaries, their signatures and seals.
When is an Apostille needed?
Usually the lawyers in the foreign jurisdiction will specifically state that an Apostille is needed. Sometimes they simply assume that one will be affixed and do not mention it specifically. Commercial documents very often need Apostilles and Powers of Attorney almost always. If in doubt, it is better to have an Apostille affixed than not.
How much does an Apostille cost?
It depends. The normal fee charged by the FCO in Milton Keynes is £28. However, they also have a premium service in London which costs £69. The difference between the two is that for the normal service you need to leave the document and collect it the next day. With the premium service the document can be collected the same day. When I am asked by a client to arrange for the Apostille to be affixed, for non-urgent cases I generally post the document to the FCO and it comes back about a week later. For more urgent cases I have an agent who will hand deliver the document and collect it the following day. It still takes 4 days to get it back however. For really urgent cases I courier the document to my agent in London for the premium servce and it will be back by return.
What do Notaries do?
Their role is usually concerned with documents which have to be used abroad, although they do have specific domestic functions to perform in connection with Bills of Exchange and Ship's Protests. Examples of documents which notaries are commonly asked to notarise are:
- Certifying passports
- Powers of Attorney, particularly with regard to foreign property transactions
- Property sale or mortgage documents for use in the United States
- Sponsorship documents
- Adoption documents for inter country adoption
What do I need to bring with me?
You will always be required to bring with you at least two forms of identification, usually your passport and another document showing your current address, for example a recent utility bill. If the document is a commercial document and is being signed on behalf of a company, then you will need to bring evidence that you are authorised to sign documents on the company's behalf.
Do I need to make an appointment?
Yes but I am usually able to see clients at short notice and I will always try to find time if the matter is particularly urgent.
How much will it cost?
This depends on the nature of the document but I charge on a time basis calculated on my normal commercial charge-out rates of £235 per hour with a minimum of £50. Very few documents take less than 15 minutes to notarise. A very simple, pre-printed form may take less than this and be charged accordingly. Some US property documents are voluminous, requiring a great deal of notarisation, often in the presence of two other witnesses. These may take up to an hour to deal with. I will always be able to give an estimate of my costs based on the information you give me. Payment by cheque, cash or PayPal will need to be made at the time.