The process of authentication is central to each and every notarial act. They must verify and certify documents so as to make them acceptable to the authorities in the country where they will operate. This is done under the notary’s signature and seal, which verifies that the relevant criteria have been undertaken.

Documents requiring authentication

A notary is principally concerned with preparing and authenticating the following documents for use abroad: power of attorney, wills, personal documents for immigration and emigration, company or business documents, and sales of land or property. A notary may provide authentication for almost any type of document or transaction. In order to authenticate a document, the notary must satisfy themselves regarding certain criteria.

The criteria a notary public must consider when providing authentication

First, the notary public in London, or elsewhere, must be satisfied that the individual has appeared before them.

The implementation of the Money Laundering Regulations 2007 obliges notaries to keep evidence of their client’s place of residence and identity on file. Suitable documents for identity verification include passport and driving licence. Proof of residence includes a bank statement and utility bill. When the notary is acting on behalf of a corporate client, evidence of company incorporation is required.

The notary must determine that the client has the mental capacity to undertake the transaction. They must also ascertain that the appearer is authorised to enter into that transaction, particularly if representing a corporate entity.

The notary will then establish that the appearer has understood the literal meaning of the document and consulted a foreign lawyer, if appropriate. The notary will then determine the appearer’s willingness to be bound.

Under the rules of the Notary Society, a notary is not allowed to advise on the implications of documents designed to operate in a foreign country.

E-notarisation

This is expected to significantly impact on the speed with which a notarised and fully authenticated document can be sent abroad. Such documents will still be subject to the authentication process outlined above.

South London Notaries

If you require notarial services in South London, a full list of our services can be found here.