You need a UK Notary Public when you have a UK document that needs to be used in another country. Why do you need one? Foreign authorities often require a level of authentication beyond a simple signature or a solicitor’s certification.
The notary’s internationally recognised signature and seal provide this, and it’s frequently a necessary step for getting an apostille or legalisation.
Here’s a more detailed breakdown of why and when:
Why you need a notary public (instead of just a solicitor or your own signature):
- International recognition: Notaries Public are internationally recognised officers of the law. Their signature and seal carry significant weight in foreign jurisdictions, particularly in countries with civil law systems (which place more emphasis on notarial acts than common law systems like the UK).
- Hague Apostille Convention: The UK is a member of the Hague Apostille Convention, which simplifies the authentication of documents for use in other member countries. The UK’s Foreign, Commonwealth & Development Office (FCDO) issues “apostilles,” which are certificates that verify the signature and seal of a UK public official. A Notary Public (and a Solicitor) is a UK public official for this purpose. Therefore, notarising a document is often required before you can get an apostille.
- Legalisation for non-Hague countries: If the destination country is not a member of the Hague Convention, you’ll need “legalisation.” This more complex process involves the FCDO and the destination country’s embassy or consulate. Notarisation is often the first step in the legalisation process.
- Higher level of authentication: Notaries do more than witness a signature. They verify the signer’s identity, ensure they understand the document they are signing, and (in some cases) verify its authenticity. This provides a greater level of assurance to the receiving party overseas.
- Electronic apostilles: To get an e-apostille, a UK Solicitor or Notary must electronically sign the document.
When you need a notary public:
You typically need a notary public in the following situations:
- Using documents overseas: This is the most common reason. Any time you need to present a UK-issued document to a foreign government, court, university, employer, or other official body, there’s a high likelihood you’ll need it notarised (and then possibly apostilled or legalised).
- Specific document types: Certain documents almost always require notarisation for international use, including:
- Powers of Attorney (for use overseas)
- Affidavits and Statutory Declarations (for use in foreign legal proceedings)
- Certified copies of passports, driving licences, and other identification documents
- Educational documents (degrees, transcripts, diplomas) – often as certified copies
- Company documents (certificates of incorporation, articles of association, etc.) – often as certified copies
- Translations of documents
- Documents related to international adoption
- Documents associated with buying or selling property overseas
- Documents pertaining to immigration and visa applications
- e-Apostilles
When requested: Ultimately, you need a notary public when the receiving party in the foreign country requests it. Always check the specific requirements of the institution or authority you are dealing with.