An apostille (also called legalisation) is a certificate issued by the UK Foreign and Commonwealth Office confirming the signature and seal of the notary and this procedure is accepted in an increasing number of countries.
Authenticate identity, signature or status
Documents which are to be used overseas often need to be prepared or certified by a notary public. Every country has its own requirements as to how legal documents are prepared, executed and certified. Frequently requested documents include those dealing with adoption, marital status and consent for your child to travel abroad or be issued with a passport from another country.
Companies may also require notarisation of documents such as resolutions, certificates of incorporation, certificates of good standing, Memorandum and Articles of Association, bank mandates, specimen signatures and powers of attorney for example to set up or run an office overseas.
The translation of legal documents is notoriously difficult and requires extensive knowledge of both language and law. We have expertise in Spanish, able to converse with clients in this language and translate Spanish documents. We also have working knowledge of the French language. We have a network of external translators to whom we entrust translation work in languages not catered for in-house.
Create a certified copy
In many cases it is essential to have a certified copy of a document, particularly where you are unwilling to part with the original. A copy of a document certified by a notary is to almost every extent as accepted and valid as the original.
Custody of original document
In most cases we will keep a copy of the document notarised and return the original to you. The original of a document is very important and must be kept safe from damage or loss. If you wish we can retain custody of the original document for safekeeping and provide you with certified copies for general use.
Draft a deed poll, power of attorney or will
A deed poll is a legal document signed one person in the presence of a witness. It legally binds the person who signs it to a particular course of action as detailed on the deed poll document and is most commonly used to effect a change of name.
A lasting power of attorney is a legal document from one person giving another power to deal with some or all of their assets, for example in the case of the donor becoming mentally incapacitated.
Independently authenticate or verify a record
A tender for a large international contract or a drawing for bonds, debenture stock or share issue ballots, might require independent verification to ensure fairness of the procedure. A notary can be in attendance to ensure that such matters are conducted in a proper and impartial manner.
Notarise a document
Many documents for use abroad, such as a power of attorney or property transfer, require notarisation from a notary public. Furthermore, notarisation is useful because it creates a very strong presumption of validity for the document in many jurisdictions. This includes England and Wales thanks to Civil Procedure Rule 32.20:
"A notarial act or instrument may be received in evidence without further proof as duly authenticated in accordance with the requirements of law unless the contrary is proved."
Oversee affidavits and oaths
A notary is a registered Commissioner for Oaths. We can administer affidavits, declarations, depositions, oaths and sworn statements. Affidavits are used for the purpose of giving written evidence in judicial proceedings. Where the execution of deeds or other facts has to be proved otherwise than in court, the proof may be made by means of a statutory declaration. We can advise on the correct form of affidavit or statutory declaration for particular purposes and if required draw these up for clients
Present and protest bills of exchange
When a foreign negotiable instrument (a bill of exchange, promissory note or cheque) is dishonoured, it should be noted and protested for non-acceptance or non-payment (as the case may be). Noting involves a notary presenting the dishonoured instrument to the defaulting party for acceptance or payment and recording on the instrument the reason for dishonour. A protest is a notarial certificate setting out the reason for dishonour and recording the details of the presentment in a more formal way than the note. A copy of the dishonoured instrument is attached to the protest.
A ship protest is a written statement sworn by the captain or master of a vessel after encountering adverse weather conditions at sea or some other event that might have had an effect on the cargo. It is not necessary that there be damage to the cargo or vessel for a ship protest to be made and it can be done as a precautionary measure. The captain or master of the ship makes a statement as to the nature and extent of the event to show that the damage or potential damage was caused by maritime perils and not attributable to any negligence or misconduct on his part.
Notary Express can also assist with ship sale and purchase transactions, including registration and the notarisation of mortgage documents if required.