notarial services
(a) what to bring with you
- the document(s) requiring certifying (do not sign anything beforehand)
- proof of identity and residence, and relevant proofs for companies and organisations (see below for details of each of these)
- payment (cash or cheque)
- any instructions received from the lawyer who has prepared the document(s)
If you have received the document(s) electronically, it will be useful if you can email these to me before your appointment. My email address is .
documentary evidence
You will need two forms of identification - personal and residential. Verification of your identity is an essential part of the notarising process and I cannot sign and seal documents without first having adequate proof of your identity.
(i) proof of personal identity
One of the following documents, which must be the original, for each person I am attesting a signature for:
- passport
- driving licence with photocard
- other Government-issued identity with photograph and signature (such as firearms licence, armed forces pass)
(ii) proof of residence
One of the following documents, which must be the original, for each person I am certifying a document or signature for:
- bank statement or letter (received by post, not from the internet or email; not a credit card statement or bill)
- utility bill (excluding mobile phone bill)
- council tax bill
- driving licence with photocard (if not used as proof of identity)
- letter of confirmation of residence from a lawyer, accountant, banker or doctor
These should be less than three months old and bear the name and address of the relevant person.
Proof of identity and residence are requirements of the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007. These measures aim to make it more difficult for criminals to make and keep money from their crimes. Notaries are required to undertake compulsory checks of their clients and to report suspicious transactions to the National Criminal Intelligence Service. These checks are more thorough than they used to be, but do not mean you are under suspicion.
proof required for companies, partnerships and other organisations
You will require the proofs of personal identity and residence as described above for each person involved in the documents being certified, plus the following additional evidence:
(i) proof of existence of the company or organisation
One of the following documents:
- certificate of incorporation
- current certified copy of partnership agreement
- letter of identification from a lawyer, accountant or banker
- evidence of current regulation by a regulatory body
- extract from the company register
- certificate of company good standing
- latest report and audited accounts
(ii) authority and capacity to represent or to bind your company or organisation generally
One of the following documents:
- power of attorney
- minutes showing your current appointment as director or secretary
- minutes of directors' meeting or a board resolution authorising the particular transaction
and
- Memorandum and Articles of Association or equivalent
Bear in mind that there is a difference between the Company itself doing an act and an authorised individual doing an act on behalf of the Company. The Company must act in accordance with its Articles of Association, and if an authorised individual is to act for the Company the Articles must allow this and the requirements of the Articles for the authorisation must be followed.
(iii) authority and capacity to carry out the present act
- minutes of a Board meeting authorising you to carry out the act for the Company
In the case of companies and organisations, I will be able to confirm which documents will be required in the particular situation, as full proof should only be necessary for the very first appointment.
Did you know?
The Notary has for many centuries served the function of unimpeachable witness to acts done by other individuals. In times when it was not possible for one party to a transaction to meet or even to check out the other party because the two were in different countries, the Notary was used as a means of providing relief from the worry that the transaction might not be safe due to the fraud or the lack of capacity of one of the parties; or to failure to observe proper formalities.
This function of Notaries was so important that proper religious allegiance was demanded of Notaries before they were appointed, and if they were not actually clerics, then they were certainly under the guidance or control of the clergy. The word of a clergyman, written or spoken, was a thing to be relied upon, so it gave comfort to the party who was at a distance.
Even today Notaries are appointed by the Archbishop of Canterbury and are controlled from the Archbishop's Faculty Office in Westminster, though the overwhelming majority of us are not clerics.