Notaries FAQ

Do I need a notary?

If you are doing any of the following abroad:-

• Buying or selling property
• Swearing a document or making a Statutory Declaration for use abroad
• Executing (signing) a document
• Authenticating documents – for example, certifying that documents are true copies or confirming that your company exists and has the capacity to undertake the work abroad
• Appointing an Attorney to act on your behalf in another country
• Setting up a company
• Getting married
• Adopting a child
• Opening a bank account
• Sponsoring a visitor from abroad to this country
• For some matters required by the UK Home Office in connection with Immigration matters
• Noting and Protesting a debt
• If you have specifically been asked to obtain a notarised document

This is just a guide to some of the matters which notaries deal with. 

Why do I require a Notary?

Part of the Notary’s function is:-

1. To check your identity.
2. To check you have the legal capacity to sign the documents or engage in the transaction in respect of which you are consulting the notary.
3. To ensure that you understand the transaction or enterprise which you are entering into.
4. To check that you are entering into the transaction of your own free will.

The recipient of a notarised document expects that these checks have been undertaken and that they can therefore rely upon your signature to the document. The notary’s signature should give those with whom you are dealing confidence to proceed in reliance upon the document.

What should I bring to the appointment?

• Identification Papers. These usually consist of:-
  • Passport or photo driving licence and 2 recent household bills or bank statements or similar, bearing your name and current address or Council tax or water rates bill for this year;

OR

• Passport and photo driving licence and 1 of the documents referred to at (i) above.
• The documents for notarisation with any instructions you have received about completion of the documents.

What if I am signing on behalf of someone else?

You must produce evidence to show you have been authorised to sign the document. For example if you are signing on behalf of a relative who is unwell you should bring an original or certified copy of a Power of Attorney or of an Enduring or Lasting Power of Attorney to prove you have legal authority to sign.

What if I am signing for someone who is unwell but do not have a Power of Attorney or Enduring Power of Attorney?

We can advise further and can help you to obtain a Power of Attorney if this is appropriate.

How do I go about sponsoring a visitor?

We can provide you with a Sonsorship Form 

When you see the notary you will need to bring the completed form together with supporting evidence - recent wage slip showing cumulative earnings or accounts and tax assessment; evidence of ownership of your property or tenancy agreement; proof of the value of your earnings/savings e.g. bank statements. This evidence must be provided in addition to the identification evidence mentioned elsewhere.

How do I prove I own my own house?

This is normally done by the notary as any records which you have are likely to be out of date. The notary will do an online search of the registry to check that you are the owner of the property at the time you sign the document for which we usually charge £5 plus VAT.

What if I am signing on behalf of a Company?

The Notary has to undertake a series of enquiries as follows.
 

s/he must check:

• That the Company exists;
• That it is not in liquidation, or threatened with liquidation and that it has filed all returns and other documents as required at Companies’ House.
• That the Company has the legal power to undertake the proposed transaction or activity. For example, if the Company’s Memorandum and Articles say that the Company is a car manufacturer but it is proposing to set up a printing press in China, then this may not be possible if the Memorandum does not state that printing is one of the Company’s function.
• The identity of the person who is proposing to sign the documents (see "What should I bring to they appointment?"  above).
• Evidence that the person who will be signing is legally authorised to sign. For this the notary may have to check the Articles of Association to see what powers certain individuals have (see question directly below). 

I work for a limited company and I have to sign a Power of Attorney or a Deed for use abroad. What is involved in this?

See above for the enquiries the notary will make about your company. In addition s/he will have to be satisfied that you have the legal authority to sign the document.

Any person producing the document the notary is an individual.  Section 47 of the Companies Act 2006 provides that the company may authorise an individual to sign Deeds or other documents on its behalf.  The authority to sign must be in the form of a Deed that is it must be signed by two officers of the company (either two directors or a director and secretary).

So if you wish to sign a Deed (including a Power or Attorney) on behalf of a limited company and there is only one signatory that person must produce evidence that they have authority to sign.  That evidence is in the form of a Deed provided by two directors or a director and secretary.

In all other cases a Deed must be signed by two directors or a director and the company secretary.

It would be a sensible precaution to send a copy of the document to the Notary before the appointment so that s/he can advise as to any additional information which may be required. 
 

I work for a limited company and I have a contract to sign.  I do not think it is a Deed.  May I sign it?

Section 44 of the Companies Act 2006 provides that a company may execute (sign) a document by:

a)         Fixing its common seal in the presence of a director and secretary or two directors unless the directors have agreed to a different arrangement (e.g. by changing the provisions in the Articles or there is a board minute recording a different arrangement); or

b)         The document may be signed by two directors or a director and company secretary; or

c)         Having the document signed by a director in the presence of a witness who attests the signature.

All these enquiries sound quite time consuming. Will this be expensive?

The Notary will be engaged for some time undertaking all these enquiries. As a guide it is likely that when dealing with a company the notary could be engaged on the matter for about 1 hour (for which the fee would be £200 plus VAT plus company searches of £10 per company).

Can I sign the forms and then send them to the notary?

No – the notary must see the person who is signing and check their ID and authority to sign.

I cannot come to the Notary’s office – How can I get my papers dealt with?

The Notary may be able to come to you, although you will be charged for the time spent travelling to you.

Is there anything else I can do to ensure the matter proceeds smoothly?

If you are signing on behalf of a Company or require the notary to help you draw up a document it will help if you send copies of all the documents, or of the instructions you have received, to the Notary before your appointment. 

You can do this by fax at:

or by email at to: mmcevoy@neves-solicitors.co.uk or 
isimpson@neves-solicitors.co.uk

What is legalisation?

Some countries require a Notarial signature and seal but they also want to be sure that they can rely on that signature so they require confirmation from the Foreign and Commonwealth Office that the Notary’s signature can be relied upon. For legalisation the papers bearing the Notary’s signature are sent to the Foreign and Commonwealth Office which attaches a certificate to the document containing the Notary’s signature.

This process is known as legalisation;

The certificate attached by the Foreign and Commonwealth Office is called an Apostille.

It is issued as the result of an international agreement made under the terms of the Hague Convention

What is an Apostille?

As explained above, some countries require a Notarial signature and seal but they also want to be sure that they can rely on that signature so they require confirmation from the Foreign and Commonwealth Office that the Notary’s signature can be relied upon. For legalisation the papers bearing the Notary’s signature are sent to the Foreign and Commonwealth Office which attaches a certificate to the document containing the Notary’s signature.

This process is known as legalisation;

The certificate attached by the Foreign and Commonwealth Office is called an Apostille.

It is issued as the result of an international agreement made under the terms of the Hague Convention

How long does it take to get an appointment with the Notary?

As you probably know there is usually some urgency about Notarial Matters. The Notaries will always do their best to see you as soon as possible, often on the day you first make contact.

How long does it take to get an Apostille?

You can check the website of the Foreign and Commonwealth Office to see how long it is taking to deal with documents. The website address is www.fco.gov.uk

We generally find that if the documents are sent by us they are back within a week (sometimes within 4 working days).

That is too long. How can I speed matters up?

1.         The Foreign and Commonwealth Office (FCO) Legalisation Service offers a premium service based at Centre Point, New Oxford Street, London, WC1.  This office will only accept documents presented by a nominated agency and aims to provide a 1-2 hour turnaround service.  The FCO charge £67 per legalisation stamp / apostille.

You can not deliver your own documents to Centre Point; they must be delivered by an agent. 

2.         The legalisation office at:

Foreign & Commonwealth Office
Old Admiralty Building
The Mall
London SW1A 2LG

Tel: 020 7008 1500

Email via: LegalisationOffice@fco.gov.uk  

Provides a next day collection service for documents which are hand delivered.  Alternatively documents can be sent through the post or delivered by us through the DX system.  This office does accept callers; the caller has to return the following day to collect his or her documents.  This service is moving to Milton Keynes in August 2008.

The FCO charges £27 per document. 

Does the Foreign and Commonwealth Office charge anything?

Yes; the Foreign and Commonwealth Office charges a fee of £27 per document. If you are a business user who wishes to use the Premium Service (see previous question) the fee is £67 for same day attention.

If you ask our Notary to submit the papers to the Foreign and Commonwealth Office s/he will charge a minimum £20 plus VAT for sending them to the Foreign and Commonwealth Office with a stamped addressed envelope addressed to your home or business so the papers come straight back to you. There may be an additional charge if you ask the Notary to receive the papers and send them on to you. 

How much does a notarial transaction will it cost?

Mary and Ian charge by reference of their hourly rate for notarial work of £200 plus VAT there is a minimum standard fee of £80 plus VAT.  

How much?!!? but it will only take five minutes

Most Notarial matters no matter how simple, require the notary to spend about 25 minutes on the matter. In addition s/he must retain a permanent record of the transaction. The fee reflects the time spent and the cost of storing records.

If a matter is very straightforward the notary may reduce his or her fee to take account of this but this will be done at the Notary’s discretion.

A guide to typical fees appears below:

This is only a guide and the notary will advise you as to how much your matter is likely to cost.

Could the matter cost more than this?

Yes it could. The figures on the table above are typical fees but they are generally the minimum which will be charged. The notaries at Neves charge for their time at a rate of £200 per hour plus VAT (a total of £230.00 per hour).

If the notary is engaged on a Notarial matter for more than 25 minutes s/he may charge for his or her time. So for example if the notary spent 1 hour 15 minutes on the matter s/he would charge

£200 X 1.25 hours = £250 + £37.50 (VAT) = £287.50

How do I find your office? Where can I park?

Luton (George Street West): If driving we suggest you park in the car park at Regent Street which is almost opposite the office on the other side of Stuart Street. A helpful landmark is Bannatyne’s Health Club which is located in the same building as the car park.

Alternatively if coming by train or parking in the Arndale Centre please note George Street West is the side street off the main shopping street almost directly opposite the front entrance to Marks and Spencer’s.

Harpenden (Sun Lane): The office is just off the A1081 at the northern end of the main street. There may be local signs for St George’s School and Harpenden Musicale. If you follow those signs from the main street you will enter into Sun Lane and we are just past the post box. There is parking behind the building or in a public car park in a cul-de-sac across the road from the building.

If coming from the north (the direction of Luton) on entering Harpenden you will pass under a railway bridge, pass the Glen Eagles Hotel on your right and come to a small roundabout at the junction with Sun Lane; turn left into Sun Lane and directions as above.

There is limited parking at the office and a public car park opposite.


Milton Keynes Office (Kingsbridge House, 702 South Seventh Street, Milton Keynes, MK9 2PZ):

By Car: (coming from the M1) Leave the M1 at junction 14, then at the roundabout take the 1st exit (if coming from the South) or the 3rd exit (if coming from the North) onto the A509 (signposted Milton Keynes).

At Northfield Roundabout take the 3rd exit onto the A509 (signposted Central Milton Keynes, Buckingham). Cross straight over the next 6 roundabouts until you come to North Saxon roundabout at which you should take the 1st exit onto Saxon Gate. Go straight on at the first and second sets of traffic lights. Turn right at the third set of lights onto Avebury Boulevard and then first left on to South Seventh Street. Our offices are the third building on the right hand side.

By Bus and Train: The train and bus stations are located at the end of Midsummer Boulevard and Avebury Boulevard. Walk along Avebury Boulevard crossing Witan Gate and South Seventh Street is the third road on the right. Our offices are on the third building along South Seventh Street on the right hand side