What is a Notary Public?

Notaries are an independent (and one of the oldest) branch of the legal profession, with origins in Roman times.

Notaries exist throughout the world, but they have different functions and qualifications in different countries. In ‘civil law’ countries (eg most of Europe), they are central to property transactions, wills, company formations and other matters. In the USA, most of the 4.5 million notaries are not lawyers, and merely acting as witnesses to official documents.

In common law countries such as the UK, the main role of Notaries is to deal with international matters, but even then there are many differences. In Scotland, for example, most solicitors are also Notaries.

In England and Wales Notaries are primarily concerned with the authentication and certification of documents and signatures and the authority and capacity to use them abroad. Usually a document will be prepared by a foreign lawyer who will then ask a client to attend a Notary in England or Wales to have it “Notarised”. An act carried out by a Notary gives a certain level of authority and confirmation meaning that it is accepted across the world.

Notaries in England and Wales are appointed by the Archbishop of Canterbury and are regulated by the Court of Faculties. Most Notaries are also solicitors, but our work as notaries is separate and is not controlled by the rules affecting solicitors.