In the UK, a Notary Public is a legally qualified and authorised professional. It’s not something anyone can declare themselves to be, and there are specific requirements and regulations.

Here’s the breakdown:

  • Qualified Lawyers: Notaries Public in the UK are, first and foremost, qualified lawyers. They have undergone specific legal training and examinations. This distinguishes them from “notaries” in some other countries (like the US), where the requirements are much less stringent.
  • Appointed by the Court of Faculties: The authority to practice as a Notary Public in England and Wales comes from the Court of Faculties of the Archbishop of Canterbury. This is a historic and formal appointment process.
  • Regulated Profession: The profession is regulated, ensuring standards of competence and conduct. The main regulatory bodies are:
    • The Faculty Office: This is the primary regulator responsible for notaries’ appointments and overall regulation.
    • The Notaries Society: A professional body representing notaries.
    • The Society of Scrivener Notaries: A professional body representing notaries.
  • Types of Notaries:
    • General Notaries: The most common type. They have undergone extensive training and examinations in notarial practice. They can handle a wide range of notarial acts.
    • Scrivener Notaries: A more specialised type of notary, primarily based in London. They have additional training in foreign languages and legal systems. They are often involved in complex international transactions.
    • Ecclesiastical Notaries: These notaries deal primarily with matters related to the Church of England. Their role is not relevant to the vast majority of document legalisation needs.
  • Solicitors vs. Notaries:

While all Notaries Public are lawyers, not all solicitors are Notaries Public. Many solicitors can certify documents and witness signatures to obtain an apostille from the FCDO. The FCDO will apostille the signature of a UK-registered solicitor.

However, a Notary Public has specific training and authority related to international document authentication. In some cases, a foreign authority may specifically require notarisation by a Notary Public, rather than just certification by a solicitor.

For e-Apostilles, either a solicitor or a notary can electronically sign the document.

 

In the UK, a Notary Public is a specially qualified and regulated lawyer appointed by the Court of Faculties, authorised to authenticate international documents.

While solicitors can also certify documents, Notaries Public have specific expertise in this area, and their involvement is often essential for the apostille and legalisation process.