Stretching one’s horizons overseas, whether to live, study, work, conduct business or for other reasons, often calls for more than a plane ticket. International trade, emigration and immigration also require commercial firms and private individuals to have important documents authenticated by qualified... Continue Reading
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Stretching one’s horizons overseas, whether to live, study, work, conduct business or for other reasons, often calls for more than a plane ticket. International trade, emigration and immigration also require commercial firms and private individuals to have important documents authenticated by qualified and admitted Notaries Public to ensure their validity in jurisdictions abroad. Notaries Public in England and Wales are legal professionals admitted and appointed by the Court of Faculties of the Archbishop of Canterbury and regulated by The Faculty Office.
What are the typical responsibilities of a Notary Public (UK)?
A Notary Public would typically need to:
Notaries Public may work out of traditional offices or from their homes. You may also need to commute to courthouses or travel to reach clients who cannot travel themselves, such as inmates of prisons or patients in medical facilities.
Remember that if you are self-employed, whether part-time or full-time, you have greater flexibility to be mobile. Mobile Notaries travel to meet their clients to provide notarial services, in which case mileage costs can be charged to them. They may also work out of their vehicles when needed.
Work can occasionally be stressful and requires efficient prioritisation to manage multiple tasks accurately and on time, particularly if you also work as a solicitor. You may need to collaborate with legal professionals while signing contracts or other legal documents.
The schedule of a Notary Public depends on the nature of their employment, whether it is full-time or part-time and whether they are self-employed or work with a company. Your hours are also determined by your clients' needs and how much business you can manage. Freelancing Notaries have more flexible schedules than employed Notaries, who are required to keep regular business hours. Notaries Public may sometimes work evenings and weekends to suit clients’ requirements and their work.
Research suggests that flexible hours and generous telework policies appeal more than salary to the younger generation. There has been an incremental increase in employers willing to give promising employees a chance to adjust their schedules per the work pressure.
Notaries Public are appointed by the Court of Faculties of the Archbishop of Canterbury and regulated by the Faculty Office of the Archbishop of Canterbury. They typically work independently as self-employed professionals to provide notarial services to the public. However, they may also work with firms that provide notarial services. Notaries Public often undertake notarial work to complement a primary legal career, usually that of a solicitor.
Notaries Public are generally employed by:
Professional associations and organisations, such as The Notaries Society, are crucial for Notaries Public interested in pursuing professional development or connecting with like-minded professionals in their industry or occupation.
Professional associations provide members with continuing education, networking opportunities and mentorship services. Membership in one or more adds value to your resume while bolstering your credentials and qualifications.
Aspiring Notaries Public wishing to join law school would do well to acquire some legal experience in addition to achieving excellent academic grades to gain highly competitive entry into law schools of their choice. Some law firms offer online workshops on legal practice and employability skills for high school students.
Bachelor’s and master’s degree students from any discipline may benefit from in-person and virtual internships, vacation schemes and insight days, which offer you a taste of the career, give valuable insight into how law firms operate, help build useful contacts, improve one’s prospects of getting a permanent job and help you decide your future course of action.
You may observe firsthand how lawyers and trainees tackle fast-paced and challenging cases. You may also foster your practical skills by taking on real-life legal tasks outside the classroom that align perfectly with the lessons inside it. You may also hear countless stories and obtain valuable hands-on experience from more experienced professionals who can turn seemingly routine incidents into unique learning moments.
Mini-pupillages are useful for those aspiring to join the bar, which is one of the routes to becoming a Notary Public.
During your bachelor’s or master’s degree program, you may also pursue part-time work at an entry-level position or short-term paid/voluntary work with student-led organisations, legal charities, law firms and legal professionals. Pro bono work in diverse avenues is valuable to build your experience, add to your CV, network with professionals and firms, give back to your community and build critical legal skills. Attend law fairs to network with course providers, law firms and barristers’ chambers. If possible, visit courts to see them in action on real-life cases. Try to acquire experience in general law and also in specific areas such as family or corporate law.
Experience of different kinds may also help you determine whether the public, private or voluntary sector is best suited to realise your ambitions. Your educational provider’s career service department can provide information about viable work placements, internships and voluntary work opportunities in diverse sectors.
Even while in high school you can check with a teacher or counsellor about relevant work-based learning opportunities available in your school or community that can help you connect your school experiences with real-life work.
Join some groups, try some hobbies, or volunteer with an interesting organisation, so you can have fun while learning about yourself and be directed toward a future career. Engage in debates and mooting contests, student journalism or student politics to develop communication, organisation and leadership skills, and global awareness. Participation in sports teams and various student societies helps you demonstrate your well-rounded capabilities to course providers and employers.
Prove your commitment to course providers and prospective employers by reading about the profession and interviewing or job shadowing practising lawyers and Notaries Public.
According to the most recent Notaries (Qualification) Rules, applicants wishing to be admitted as Notaries Public to practise in England and Wales must hold a law degree or be solicitors in general practice within the Senior Courts of England and Wales, barristers at law or Chartered Legal Executives (CLEs) in addition to being at least 21 years old. The process of qualification comprises the academic and professional stages followed by admission.
To fulfil the criteria of the academic stage, you must demonstrate the required level of academic knowledge by having taken relevant courses and examinations or through professional experience.
The Qualifications Board may exempt you from the need to be examined in all or some of the five “core” subjects prescribed, namely Public & Constitutional Law, The Law of Property, The Law of Contract, The Law of the European Union, and Equity and the Law of Trusts, if you can demonstrate that you have studied the subjects within the five preceding years and achieved the requisite standard. You may earn this exemption by holding a bachelor’s degree in law (LLB) or a graduate diploma in law (GDL) followed by completing the Legal Practice Course (LPC) or passing the Solicitors Qualifying Examination (SQE 1 & 2).
To earn an exemption from examination in the prescribed three “professional” subjects, namely Conveyancing, The Law and Practice of Companies and Partnership, and Wills, Probate and Administration, you must demonstrate completion of the relevant examined modules in the previous five years or sufficient familiarity with the subject areas through your current legal practice.
If you cannot demonstrate the requisite knowledge or experience to qualify for full exemption upon application, you will be informed of the steps to take to earn your certificate of exemption. You may need to take study specific modules and pass the recommended exams or pursue a period of supervision under a qualified and admitted notary for the recommended period, which may include further training and exams but typically does not exceed three years.
Once the FOAC grants you a Certificate of Exemption for all eight subjects, you may proceed to the professional training stage.
Professional training requires candidates to enrol in the mandatory two-year Notarial Practice Course currently offered through distance learning by University College, London (UCL) on behalf of the Faculty Office. The course aims to cover specific areas relevant to notarial practice, including Roman Law as an Introduction to Civil-Law Systems, Private International Law and Notarial Practice. After successfully completing the NPC, a one-day Office Practice Course (practical training) is also necessary to apply to the Faculty Office for admission to the Roll of Notaries. Along with evidence of completing the NPC and practical training in the preceding two years, the formal application for admission that you submit to the FOAC must be accompanied by a Certificate of Fitness and a Certificate of Good Character.
Do your homework and look into all available options for education and employment before enrolling in a specific program. Reliable sources that help you make an educated decision include associations and employers in your field.
Aspiring Notaries would do well to take high school courses in psychology, geography, history, business, accounting, economics and politics. English and speech classes will help you develop your research, writing, and oral communication skills. Learning one or more foreign languages can also prove useful.
Candidates must be officially admitted by the FOAC into the Roll of Notaries to carry out notarial work. For this, you must possess certificates of completion for the Notarial Practice Course and the Office Practice Course and certificates of fitness and good character. You must also undergo and clear employment background checks, including but not limited to a person’s work history, education, credit history, motor vehicle reports (MVRs), criminal record, medical history, use of social media, and drug screening. In addition, you must be fully insured and have arranged for a supervisor who is a practising Notary Public with over five years of experience to monitor your work in the first two years after qualification. You must also take the oath of allegiance required by Section 7 of the Public Notaries.
The Faculty Office website maintains details of all Notaries Public entitled to practise in England and Wales, with any current disciplinary matters noted alongside each name.
The practising certificate that the Master of Faculties issues you as a licence to conduct notarial business must be renewed annually by submitting an application to the Faculty Office and meeting their criteria, such as demonstrating the requisite continuing professional education (CPE) in the past 12 months.
Notaries Public, their clients or other appropriate people may submit a request to the FOAC for a Certificate of Professional Status or a Certificate of Authentication, particularly for countries that are not signatories to the Hague Convention and thereby do not accept an apostille.
In the lead-up to qualifying as a Notary Public, if you take the route of becoming a solicitor, then you must already possess a license in the form of a practising certificate issued by the Solicitors Regulation Authority (SRA), which must be renewed annually.
Similarly, if you approach notarial practice as a practising barrister, you must already possess a practising certificate or AtP (authorisation to practise), which must also be renewed annually.
To qualify to train as a Notary Public via the chartered legal executive (CLE) route, you must acquire the CILEX Professional Qualification (CPQ).
Notaries Public, particularly mobile Notaries, must also possess valid driving licences.
Notaries Public may progress to become partners in law firms or they may launch their own companies. Another avenue of career progression is becoming a Scrivener Notary by studying foreign languages, foreign law and other requisite advanced notarial courses to pass the qualifying exams.
Instead of requiring clients to visit your office to get their documents notarised, you may become a mobile or travelling Notary Public and take your services to where your clients are located, which could be their home or workplace, or another location convenient to them. Such mobile services save clients valuable time and effort and are typically available beyond business hours and on an urgent basis if needed.
Given that many Notaries Public are also solicitors, some may choose to continue with their primary job as solicitors as their main source of income alongside notarial work.
Candidates with the necessary legal skills, experience and education supported by civil and common law knowledge have the best job prospects. Proficiency in one or more foreign languages is also beneficial.
During the first two years of your work as a newly qualified and appointed Notary Public, you must work under the supervision of another qualified and admitted Notary Public who has been practising for at least five years. If you practise conveyancing or probate, the supervised period is for three years. Supervision does not have to be on site, but you must meet with your supervisor at least twice a year, beyond which you stay in touch with them via phone and email. Supervisors answer your questions and inspect your records and accounts. Given the importance of supervision, candidates must obtain consent from a supervisor for their services before applying for admission.
It is also required that during each of the first two years of working as a Notary Public, you attend at least one all-day Notarial Practice Course or any other seminar relevant to notarial practice.
Continuing professional development (CPD) will help an active Notary Public build personal skills and proficiency through work-based learning, a professional activity, formal education or self-directed learning. It allows you to continually upskill regardless of age, job or level of knowledge. Hence, you must acquire 6 CPE (Continuing Professional Education) credit points every year following the two-year supervision period.
An hour of educational activity is worth one CPE credit point. While only three of the six CPE credit points required annually must be from activities accredited by the FOAC, you may choose to earn all through them. Accredited activities include attending lectures, seminars, workshops and distance-learning or online courses or others that need a written assessment. If you conduct conveyancing and probate activities as a Notary Public, you must also complete CPE in these areas.
Other activities may count as unaccredited if they foster professional notarial skills and knowledge at an appropriate level and do not just contribute to a case that earns a fee. Such activities include lecture and seminar preparation or article-writing on topics related to notarial practice, coaching, mentoring and supervising newly qualified Notaries Public, self-study, preparing for and taking or setting and marking relevant exams.
Examples of unaccredited activities are preparing lectures and seminars or writing academic articles relevant to various areas of notarial law and practice, coaching and mentoring, supervising newly qualified Notaries Public, self-study, preparing for and taking or setting and marking relevant exams.
Notaries Public may also undertake languages, foreign law and other courses to pass the exams needed to qualify as Scrivener Notaries.
Some History
Notarial practice is the smallest yet oldest legal profession in the UK. When Henry VIII split from the Church of Rome in 1533, the appointment of Notaries Public continued to be the Archbishop of Canterbury’s mandate. However, instead of working under papal authority, the Archbishop began to carry out appointments on behalf of the Crown. To date, Notaries Public are governed by the Archbishop of Canterbury, assisted by the Faculty Office. Parliamentary statutes have formed the basis of appointment and regulation procedures since 1801.
Notaries Public vs Solicitors
While many Notaries Public are solicitors, it is not mandatory to be one to be admitted into notarial practice. Although solicitors are already qualified with a law degree, a graduate diploma or a law-based apprenticeship, they must acquire further qualifications and professional training in specialised areas to carry out notarial acts. Aspiring Notaries Public must also undergo background checks and provide a certificate of good character for admission into notary practice. Even if you are both a Notary Public and a solicitor, you must clarify to your clients that you are playing only the role of a Notary when providing notarial services.
As the largest group of legal professionals, solicitors are qualified to provide various services, including criminal law, commercial litigation, property law and conveyancing. They can advise clients on contentious issues within the legal framework of their jurisdiction. However, Notaries Public, the smallest group of legal professionals, specialise in executing and authenticating personal and corporate documents for international use, such as passports, educational certificates, wills and deeds. Acting in a notarial capacity, they can only deal with non-contentious issues and not offer legal advice or representation to their clients.
Furthermore, while a solicitor’s primary duty is to act in their client’s best interests, a notary’s primary duty is to objectively and impartially ensure that all documents are legally authentic and comply with current worldwide standards.
Scrivener Notaries
Scrivener Notaries are also general Notaries but part of a highly qualified branch of the notarial profession. In addition to acquiring notarial qualifications, they must enter into a two-year training contract with a Scrivener Notary firm or work under the supervision of a practising Scrivener Notary with a standing of a minimum of five years. Candidate Scrivener Notaries must also pass exams administered by the Worshipful Company of Scriveners of the City of London in advanced notarial practice, the legal system of a foreign country, and two foreign languages, including translation and legal drafting expertise, and governed by the most recent Scriveners (Qualifications) Rules.
The legal and linguistic qualifications and expertise of Scrivener Notaries place them at the forefront of notarial services required for international transactions, particularly in London, which is a hub for cross-border business worldwide. French, German, Greek, Italian, Polish, Portuguese, Romanian, Russian and Spanish are common languages of expertise among Scrivener Notaries.
Commonwealth Notaries follow the pattern of Notaries Public in England and Wales. They are typically legally qualified lawyers who focus on completing notarial acts for overseas transactions by businesses and private individuals.
Civil-law Notaries, typically full-time lawyers holding a public office, play a more pivotal role in the legal processes of their country with respect to non-contentious legal work. Given that the civil codes of many countries in continental Europe and Latin America are based on the Code Napoléon, civil-law Notaires are found in most European Union and Latin American countries. They are also found in all the countries of Eastern Europe, China, Japan, and many other nations in Asia and Africa, and the province of Québec in Canada.
Notaries Public based on the pattern of those in the US need not be legally qualified and are officers appointed by the state.
The Faculty Office of the Archbishop of Canterbury (FOAC)
The FOAC is an administrative body headed by the Master of the Faculties and came into being on 24th June 1534. One of its three primary responsibilities is to govern the notarial profession in England & Wales. The Master of the Faculties, as the “Approved Regulator”, works through the modern Faculty Office to admit and regulate Notaries Public. The Registrar, Deputy Registrar and Chief Clerk manage the day-to-day administrative work to assist the Master. The Registrar is in charge of the training and qualification of Notaries and issuing the faculty certificate and the annual practising certificate, which Notaries Public must possess to practise.
Remote Notarisation
Depending on various factors, such as the type of document, remote notarisation may be possible but requires physical presence in England and Wales. Furthermore, it must be confirmed that remote notarisation of documents will be valid for use in the relevant jurisdiction. The client and Notary Public must have reliable access to appropriate video-conferencing technology. Access to email is essential for sending relevant documents.
In addition, unless the recipient is ready to accept electronic signatures, it must be possible for the client to sign a paper version of the document for the Notary Public to witness its signing or execution. The Notary Public must also comply with relevant regulations and legislation within England and Wales. Keep in mind that oaths and statutory declarations need the physical and face-to-face presence of the signer and the Notary Public.
Legalisation by a consulate, embassy or high commission office of the relevant foreign country is called ‘consular legalisation and may be necessary for specific purposes and places. However, there are varying requirements across countries, and Notaries Public are experienced in guiding their clients and liaising with relevant authorities or organisations overseas.
Maintaining records of notarial acts for at least 12 years or permanently, as required, is a critical responsibility that Notaries Public must fulfil diligently. Notarial records serve as evidence of facts related to an event or transaction in case of any dispute. Notaries Public evaluate the nature of the act, clients’ interests and other factors to determine how long to keep records. Confidentiality must be maintained unless clients, personal representatives of deceased clients or authorised agents of clients request access.
The Appointment of Notaries Public in Scotland & Northern Ireland
The different legal systems across the UK have led to variations in the process of becoming a Notary Public across England & Wales, Scotland and Northern Ireland. Candidates in England & Wales must go through three stages - academic, professional and appointment - to qualify as Notaries Public.
Scotland allows you to opt for registration as a Notary when you are admitted as a solicitor. However, in Northern Ireland, you must serve at least six years as a solicitor before you qualify for an appointment as a Notary Public.
Some Important Guidelines for Notaries
Notaries Public must maintain full insurance and fidelity cover to protect clients and the public. It is critical to guard the payment received from clients separately from their own money. They must strictly abide by the rules that govern notarial practice, conduct and discipline. All Notaries Public must use an official seal unique to each of them and with their personal symbol engraved on it. Notarial acts signed by Notaries Public and impressed with their seals typically gain universal recognition.
Some Reasons for UK Businesses to Use Notarial Services
Some Reasons for UK Nationals to Use Notarial Services
Some Reasons for Non-UK Nationals or Businesses to Use Notarial Services
Current Scenario
The employment outlook of a particular profession may be impacted by diverse factors, such as the time of year (for seasonal jobs), location, employment turnover (when people leave current jobs), occupational growth (when new roles are created), size of the occupation and industry-specific trends and events that affect overall employment.
The employment growth rate of Notaries Public rate over the next few years is predicted to be average. While there is expected to be a continued need for notarisation to verify the identity of signers of legal documents, advances in technology and changes in laws may lessen the need for some notarial acts in person, such as online identity and competency verification. Even so, while electronic notarisation is growing, some jurisdictions worldwide still mandate that documents must be notarised in person.
Whether assisting individuals in fulfilling their educational, employment or other personal goals overseas or facilitating international commercial transactions, Notaries Public provide an assurance to foreign authorities that the necessary documents have been properly executed, signed and witnessed. They provide independent, reliable and secure services to clients to certify and authenticate documents by verifying the identity of all parties involved and complying with the requisite formalities so that the documents are valid and acceptable for use abroad.
Know the law well concerning the two critical areas of powers of attorney and bills of lading. Verify that the signer of a corporate power of attorney is authorised to do so and the document is validly executed. If needed, also ensure the company is a going concern. Make sure to thoroughly check bills of lading before notarising them to prevent fraud.
Notaries Public in England and Wales are required to use a steel stamp unique to them to issue notarial acts, unlike their counterparts in the US who use a rubber stamp.
What do Notaries Public do?
A Notary Public would typically need to:
Accredited
$53,560
