An English Notary Public lawyer
Posted on 10:49am Saturday 23rd Jan 2010
An English Notary Public Lawyer
A Notary Public in almost all common law jurisdictions is a qualified, experienced and additionally trained lawyer.
Traditionally, notaries recorded matters of judicial importance as well as private transactions or events where an officially authenticated record or a document drawn up with professional skill or knowledge was required.
Specifically, the functions of notaries include the preparation of certain types of documents (including international contracts, deeds, wills and powers of attorney) and certification of their due execution, administering of oaths, witnessing affidavits and statutory declarations, certification of copy documents, noting and protesting of bills of exchange and the preparation of ships' protests.
Notary Public Lawyers are also Commissioners for Oaths.
Significant weight attaches to documents certified by notaries.
Documents certified by notaries are sealed with the notary's seal and are recorded by the notary in a register maintained by him/her. These are known as "notarial acts".
In countries subscribing to the Hague Convention Abolishing the Requirement for Legalisation for Foreign Public Documents only one further act of certification is required, known as an apostille) and is issued by a government department (usually the Foreign Affairs Department or similar).
For other countries an "authentication" or "legalisation" must be issued by the Foreign Affairs Ministry of the country from which the document is being sent or the Embassy, Consulate-General or High Commission of the country to which it is being sent.
The Notaries Profession in England is the oldest branch of the legal profession.
Notaries Public Lawyers in England and Wales form the third and oldest branch of the legal profession in the United Kingdom. Their origin can be traced back to the times of the occupation of Britain by the Romans.
Just like Notaries in countries with Civil Law Jurisdictions, Notary Public Lawyers carry out all kinds of non-contentious legal work. They are effectively Civil Law Lawyers or Notaries practising in a Common Law Jurisdiction and are a bridge between the Civil Law Jurisdictions and the Common Law Jurisdictions of England and Wales. Our firm have Ecclesiastical Lawyers who are members of the Ecclesiastical Law Society of England.
A Notary Public Lawyer prepares Notarial Acts including Authentic Acts mainly being documents executed in England and Wales for use elsewhere in the world.
This will include drafting, review and explanation of documents for use outside the UK.
There are two basic types of Notarial Act; those in private form and those in Public form for which are Authentic Acts/Instruments.
The private form is when a Notary Public Lawyer annexes a Notarial Certificate by way of authentification of a document thus converting it into a Notarial Act.
The Public Form is an Authentic Act / Instrument drafted by the Notary Public Lawyer which will include verification of identity, legal capacity and understanding of the documents and awareness of the contents , and confirming authority to enter into the transaction e.g., in the case of a corporate body.
The role of the English Notaries in helping business and citizens is well recognised.
English Notary Public Lawyers have had their Notarial Acts recognised worldwide for centuries and this indeed has permitted citizens and businesses to circulate freely.
In this way Notaries facilitate commerce and life for the ordinary citizen as Notarial Acts enable them to go about their daily lives and business freely with reasonable cost and without undue delay.
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