Notary acts as Official Witness

The Notary will have to check carefully whether both the documents to be notarised and the client’s personal identity are original, genuine, valid, complete, accurate and unaltered. A Notary has to check that each document to be notarised is fully completed. He or she is not able to advise on the transaction itself, only on the formalities required for completing it. The Notary acts as an official witness, not as a legal advisor.

It may be necessary for a written translation of a foreign document to be obtained, so that the Notary can satisfy him or herself that the client fully understands what he or she is signing and, in some cases, it may even be necessary for an interpreter to be present at the meeting between the Notary and the client, if the client does not speak English.

Required Documents for Organisations

So far as documents involving a company or similar organisation are concerned, the Notary will require to receive the following:

1. Evidence of the identity of the authorised signatory
2. A copy of the current letterhead showing the registered office, if it is a company
3. A Letter of Authority, Minute, Resolution or Power of Attorney, authorising the client to sign the document
4. In some instances, the Notary may have to see a copy of the latest annual accounts, latest tax assessment and latest quarterly VAT return

In the case of limited companies, the Notary will also need to see:

1. The certificate of incorporation and of any change of name
2. A copy of the Memorandum and Articles of Association of the company
3. Details of the current directors and secretaries.

In the case of partnerships and clubs etc, the Notary will need to see a Partnership Agreement or relevant Trust Deed, Charter or Constitution/Rules.

If the originals of any of these documents are not available, photocopies will have to be certified on behalf of the person holding the originals.

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