A foreign bank, overseas lawyer or embassy may ask you for a document to be notarised before it will accept it. This can feel like an unnecessary extra step, particularly when a property purchase, visa application or business transaction is already time-sensitive. So, what does a notary do? A notary public verifies key facts about a document and the person signing it, then produces a formal notarial certificate so the document can be relied upon outside the UK.

Notarisation is a specialist legal service. It is not simply adding a stamp, witnessing a signature or confirming that a photocopy looks like an original. A notary has a duty to carry out careful checks, keep records and act independently. Those safeguards are why overseas authorities, institutions and courts may place weight on a notarised document.

What Does a Notary Do in the UK?

A notary public is a qualified legal professional authorised to authenticate documents for use in another country. In England and Wales, notaries are regulated through the Faculty Office of the Archbishop of Canterbury and must meet professional standards designed for international legal work.

The precise work depends on the document, the country where it will be used and the requirements of the receiving organisation. In most cases, the notary will establish the signer’s identity, check that they understand the document and are signing freely, confirm their authority to act where relevant, and witness the signature or certify a copy. The notary then attaches or signs a notarial certificate, often with an official seal.

That certificate records what the notary has personally checked and witnessed. For example, it may confirm that a named individual appeared before the notary, provided satisfactory identification and signed a power of attorney on a particular date. It may also certify that a copy of a passport, degree certificate or company record is a true copy of the original shown to the notary.

A notary must not certify something they have not verified. If identification is incomplete, the document is altered, or the client’s authority is unclear, further evidence may be needed before notarisation can proceed. This protects both the client and the organisation relying on the document.

When Is Notarisation Needed?

Notarisation is commonly required where a UK document will be presented abroad. The request may come from an overseas authority, a foreign lawyer, an international bank, an employer, a university or a company registry. Requirements vary considerably between countries and even between organisations in the same country.

Common examples include powers of attorney for a foreign property sale or purchase, declarations for immigration or nationality matters, company documents for an overseas branch or transaction, and documents required to open or operate an international bank account. Individuals may also need notarised copies of passports, academic certificates, marriage certificates, birth certificates or proof-of-address documents.

Businesses often require notarisation for board resolutions, certificates of incorporation, shareholder resolutions, contracts and documents signed by directors. In these cases, the notary may need to review company records to confirm that the company exists and that the person signing has the authority to bind it.

The receiving body should be asked exactly what it needs before an appointment is arranged. A simple request for a “notarised document” may leave important questions unanswered: does the original need to be signed before the notary, is a certified copy sufficient, and does the document need further legalisation? Obtaining clear instructions early can prevent delay and avoid paying for work that will not be accepted.

Identity, Capacity and Authority Checks

A central part of a notary’s role is checking who is signing and whether they can validly do so. For an individual, this usually means reviewing original photographic identification and evidence of their current address. The documents required will depend on the circumstances, but a current passport or driving licence and a recent utility bill or bank statement are commonly requested.

The notary will also consider whether the person appears to understand the nature and effect of the document and is acting voluntarily. This is particularly relevant for powers of attorney, sworn statements and documents involving significant financial consequences. If there are language barriers, a translation or independent interpreter may be appropriate. The notary needs to be satisfied that the signer understands what they are signing, not merely that they can write their name.

For companies, partnerships, charities and other organisations, the checks are wider. The notary may request a certificate of incorporation, constitutional documents, details of directors or officers, board minutes and a resolution authorising the transaction. A director’s job title alone does not always prove that they have authority for the particular document.

These checks can take time, but they are not administrative formalities. An overseas registry or bank may reject a document if the certificate does not clearly establish identity, authority or the capacity in which it was signed.

Notarisation, Legalisation and Apostilles

Notarisation is sometimes only the first stage. A document intended for use abroad may also require an apostille or consular legalisation.

An apostille is a certificate issued by the UK Foreign, Commonwealth and Development Office. It verifies the signature and seal of a UK public official, including a notary, so that the document can be recognised in countries that participate in the Hague Apostille Convention. It does not confirm that the underlying content of the document is true.

Some countries are not part of that convention, or their authorities may require an additional stage of legalisation by their embassy or consulate. This can involve specific forms, translations, fees and processing times. The correct route depends on the destination country and the receiving authority’s current rules.

It is therefore sensible to treat notarisation and apostille services as connected but distinct. A notary may prepare a document in the right form for legalisation, but a notarial seal does not automatically mean that every foreign authority will accept it without further certification.

How a Notarial Appointment Usually Works

Preparation makes a substantial difference to the speed and cost of a notarial matter. Before the appointment, the notary will usually ask to see the document, the receiving party’s instructions, identification and any supporting company or property papers. Sending clear copies in advance allows potential issues to be identified before you attend.

At the appointment, the notary will review the original documents, ask questions where necessary and explain what they are certifying. You should not sign a document in advance if it is meant to be signed in the notary’s presence. Equally, do not make handwritten changes after notarisation, as this may invalidate the certificate or cause it to be rejected.

Fees depend on the complexity of the checks, the number of documents, whether company authority must be reviewed and whether apostille or legalisation arrangements are required. A straightforward certified copy may be dealt with quickly, while a corporate transaction or foreign power of attorney can require more detailed work. Clear instructions at the outset help the notary provide a realistic estimate.

How Is a Notary Different From a Solicitor or Commissioner for Oaths?

A solicitor may advise on the legal effect of a document, draft it, negotiate its terms or represent you in a wider legal matter. Some solicitors are also notaries, but the two roles are not interchangeable. A notary’s particular function is to authenticate documents for use abroad and to meet the formal standards expected internationally.

A commissioner for oaths can administer oaths and take certain declarations within England and Wales. That service may be sufficient for a UK declaration, but it may not meet the requirements of an overseas organisation. Likewise, a signature witnessed by a friend, colleague or ordinary solicitor may not be accepted where a foreign authority specifically requires notarisation.

The practical question is not which service is quickest, but which form of certification the receiving authority will accept. If the destination is outside the UK, confirm the wording of its requirements before relying on a simpler alternative.

Getting the Right Support for Overseas Documents

International documents can involve unfamiliar procedures, tight deadlines and consequences if a bank, registry or authority refuses them. The right approach is to establish the destination country, the purpose of the document and any instructions from the receiving body before arranging certification.

White Horse Solicitors & Notary Public can assess the documents required, explain the appropriate notarisation process and help you prepare properly for the appointment. Bringing the right originals and authority documents from the start gives your overseas transaction the best chance of progressing without avoidable delay.