Notarisation, Legalisation and Certification [10] Flashcards
Notarisation, Legalisation and Certification
What is a notary public? [1]
A QUALIFIED PUBLIC OFFICER WHO (inter alia) ATTESTS OR CERTIFIES WRITTEN DOCUMENTS TO MAKE THEM OFFICIAL
N.B. A scrivener notary is one who is fluent in two or more languages and is competent to make notarised translations of documents.
Notarisation, Legalisation and Certification
What is meant by notarial documents having ‘probative force’? [1]
Notarial documents have probative force, meaning that they are LEGAL EVIDENTIAL PROOF OF THE MATTERS THEY RECORD.
In England and Wales, Rule 32.20 of the Civil Procedure Rules provides that notarial acts and instruments may be admitted as evidence.
Notarisation, Legalisation and Certification
What is meant by an ‘apostille’? [1]
A DOCUMENT WHICH, IN ACCORDANCE WITH THE 1961 HAGUE ‘APOSTILLE’ CONVENTION, THAT STATES THAT ANOTHER DOCUMENT HAS BEEN SIGNED BY A NOTARY PUBLIC (AND SO ‘LEGALISES’ THAT DOCUMENT’ FOR USE IN ANOTHER SIGNATORY’S JURISDICTION.
N.B. An apostille is the legalising document itself; legalisation is the document’s effect.
N.B. Apostilles are issued by a government or other ‘competent authority’ of a signatory nation, under the Hague ‘Apostille’ Convention of 1965. The convention has 118 parties and is in force for all members of the European Union.
Notarisation, Legalisation and Certification
What is meant by ‘legalisation’? [1]
The PROCESS WHERE A NOTARY’S SIGNATURE AND SEAL IS CERTIFIED AS GENUINE BY THE ISSUING OF AN APOSTILLE DOCUMENT SO THAT THE NOTARISED DOCUMENT MAY BE USED IN ANOTHER JURISDICTION
Notarisation, Legalisation and Certification
What should you never do with a notarised document? [1]
Once completed, A NOTARISED DOCUMENT SHOULD NEVER BE TAKEN APART (e.g. to make a photocopy) as this MAY INVALIDATE IT IN THE EYES OF THE END USER RECIPIENT (e.g. on the basis it has been tampered with)
Notarisation, Legalisation and Certification
True or false? ‘A notarised document can be legalised, but a document which has not been notarised or certified by a solicitor cannot be legalised’ [1]
TRUE. Notarisation or certification is a prerequisite to legalisation.
Notarisation, Legalisation and Certification
Where can documents be legalised? [1]
For Commonwealth countries, the standard location for legalisation to take place is the relevant embassy (e.g. The Spanish Embassy in London can legalise Spanish documents for use in the UK).
The competent authority in the UK for apostilles is the Foriegn and Commonwealth Office.
The Apostille Convention’s list of ‘competent authorities’ in relation to the particular jurisdiction should be checked when needed.
Notarisation, Legalisation and Certification
Who may certify a document in the UK? [1]
A certification must be certified by a professional person or someone well-respected in the community (‘of good standing’), including:
- bank or building society official
- local councillor
- minister of religion
- dentist
- chartered accountant
- solicitor or notary
- teacher or lecturer
Notarisation, Legalisation and Certification
What four elements should a certification include? [1]
- Certification wording (e.g. I certify that this is a “true and accurate copy of the original document)
- Name, address and position (e.g. solicitor) of the certifier
- Signature
- Date of certification
Notarisation, Legalisation and Certification
What wording should be used to certify a photo ID document? [1]
“I have seen the original and confirm that the photograph is of true likeness to the individual who I have met. I certify this is a true copy of the original document”
N.B. It is worth checking whether the recipient of the certified document has any special wording or other requirements they need to have in the certification.
