In the UK, a Notary Public is a qualified lawyer and a member of the oldest branch of the legal profession.
Their primary role is to authenticate and certify documents for international use.
They hold an official seal and are often essential for document legalisation in the UK.
While Notaries Public can perform certain domestic legal functions, their main focus is on preparing UK documents for use in foreign jurisdictions.
Here’s a summary of their key functions in the context of document legalisation:
- Verifying identity: A core function of a Notary Public is to verify the identity of individuals signing documents. They check identification documents (such as passports and driving licences) to ensure the signatory is genuine, preventing fraud and forgery.
- Witnessing signatures: The Notary Public witnesses the individual signing the document in their presence. This provides strong evidence that the signature is genuine.
- Certifying copies: Notaries can certify copies of original documents as true and accurate. This is essential for many documents that need to be apostilled or legalised, as the FCDO often will not apostille original documents (e.g., passports, driving licences) and always requires a solicitor/notary certification for an e-Apostille.
- Administering oaths and affirmations: For documents such as affidavits or statutory declarations, the Notary Public administers the oath or affirmation, ensuring the signatory understands they are swearing to the truthfulness of the document’s contents.
- Notarising documents for international use: By affixing their signature and official seal to a document (or a certified copy), the Notary Public provides an internationally recognised level of authentication.The FCDO can then apostille the Notary Public’s signature and seal, making the document valid for use in countries adhering to the Hague Convention.
For countries not party to the Hague Convention, the notarised document (bearing the FCDO apostille) can then be presented to the relevant embassy for further legalisation.
- Electronic signatures for e-Apostilles: For e-Apostilles, the notary public will use a qualified electronic signature.
- Preparing notarial certificates: Notaries often attach a “notarial certificate” to the document. This certificate details the act of notarisation (e.g., witnessing a signature, certifying a copy), the date, the Notary’s details, and their official seal.
Why are notaries important for apostilles and legalisation?
The FCDO Legalisation Office often apostilles documents with the signature and seal of a UK public official.
A Notary Public (or a Solicitor) is a recognised UK public official. Therefore, by notarising a document, they make it eligible for an apostille. The apostille verifies the Notary’s credentials, not necessarily the original document’s content.
