Q1: What  is an English Public Notary, Notary Public , Notary ? How are they regulated?

A: An English Notary or Notary Public is a specialist lawyer dealing mainly with documentation to be presented overseas. Most Notaries are also Solicitors, though not all Solicitors are qualified as  Notaries. Solicitors would have to undertake further examinations and training to qualify as a  Notary. Notaries are appointed and regulated by the Faculty Office of the Archbishop of Canterbury.

Q2: When can I use a Solicitor instead of  a Notary?

A:  Notarial acts carry more evidential weight  and   worldwide recognition and acceptance than those performed by a Commissioner for Oaths/Solicitor.The Civil Procedure Rules provides that 'all notarial acts and instruments may be received in evidence without further proof as being duly authenticated in accordance with the requirements of law unless the contrary is proved'.

If the documentation is to be presented in England & Wales, and does not specifically require the document to be authenticated by a  Notary, then Solicitors and or Commissioner for Oaths can authenticate such documentation. Notaries are also empowered  to act as Commissioner for Oaths, therefore we recommend that you consult a Notary for advice.

A:  Notaries Public are required to keep personal information of clients in a  Notarial Protocol. However, we only gather personal information you provide us with or information we receive during the verification process solely for notarial purposes and do not disclose it to third parties, other than when required to do so by law.

Q4: I have a document in a language I do not undertand but I have been told what it is about- Can I sign the document before a  Notary Public ?

A: It depends. If the document is in a language that the Notary understands, and tells you what the document contains, then you can sign the document if you intend to commit yourself to that legal transaction. But if neither you nor the Notary understand the language of the document, we would recommend that the document be professionally translated, then you would be in a position to know whether you wish to sign it.

Q5: Can third parties require the Notary to provide a copy of a Notarial Act?

A:Yes. Provided they have an interest in the Notarial Act

Q6. What happens when the Notary retires/dies. Where do all the Notarial Acts go?

A: Upon the retirement or death of the Notary, all his records will go to another notary or to the Notaries Society.

Q7. A firm of solicitors recommended a particular Notary. Do notaries share their  fees with them?

A: Under current professional Rules notaries can only share fees with other Notaries, if they are practising solely as Notaries. However, Notaries who are also Solicitors in partnership can share their fees with Solicitors.

Q8. Are Notarial Acts or advice protected by confidentiality in the same manner as Solicitor's advice?

A:This appears to be a grey area of the law. In my opinion, as the Notary's duty is to the transaction rather than to the client, notarial acts are not protected by confidentiality or legal professional privilege. There is no recorded case of English courts deciding on this point or practice rules which extend such principle to the Notary- Client relationship.

Q9. Can a Notary decline to act for a client?

A:Yes, if acting for you compromises or impairs or is likely to compromise or impair her independence or integrity. This would be applicable  for example, due to physical or legal incapacity of the prospective client, or illegality/fraud of the transaction or when there is lack of identification from the parties or when there is a potential conflict of interest betweeen the Notary and the Client.

Q10. How much should notaries charge? How can I dispute the Notary's fees?

A:Fees- There is no set fee, unlike Civil Law Notaries whose fees are set by their respective States. It is up to each Notary to charge a reasonable fee. The Notaries Society reminds members that 'they should charge a proper fee which is appropriate for the level of service offered and which enable them to meet the cost of acting properly and in accordance with the Rules made by the Faculty Office and with the demands of good professional practice'.