Notary Public
- Regulators
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- Master of the Faculties
- Nations
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- England
- Wales
- Sectors
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- Law
Regulatory or professional bodies
Primary regulator
- Regulatory authority
- Master of the Faculties
- Address
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The Faculty Office
1 The Sanctuary
Westminster
London
SW1P 3JT - Email address
- faculty.office@1thesanctuary.com
- Phone number
- +44 (0)20 7222 5381
Regulation
Regulation summary
A notary is a specialist lawyer. In England and Wales notaries are appointed and regulated through the Faculty Office of the Archbishop of Canterbury. Many notaries are also solicitors but they do not have to be. Being a notary is a separate profession. Solicitors are not authorised to carry out “notarial acts” if they are not also notaries.
The principal role of a notary in England and Wales is to “attest the authenticity” of deeds and other legal documents for use abroad.
Attesting means much more than simple certification (checking copies against the originals). If the documents have been attested by a notary it means that courts and other bodies abroad can accept them without having to make any further checks themselves. Each notary has their own seal which will be attached to the documents.
Notaries can also prepare powers of attorney, “protest” bills of exchange and offer other legal advice.
A very small number (less than 40) of notaries also deal with conveyancing and probate as notaries (as opposed to doing this work as a solicitor). This will be clear from their website.
Regulation type
Reserved activities
Under the Legal Services Act 2007 ONLY notaries public are legally entitled to undertake Notarial Activities.
In addition to Notarial Activities, notaries are entitled to undertake Reserved Instrument Activities, Probate Activities and to act as a Commissioner for Oaths all as defined in the Legal Services Act 2007
Protected titles
“Notary” or “notary public” is a protected title and only those qualified and registered can call themselves notaries. "Scrivener notaries" are notaries public with additional qualifications and who have expertise in at least two foreign languages.
- More about regulated activities and titles
- https://www.facultyoffice.org.uk/notaries/customers/what-is-a-notary/
Qualifications and experience
New professionals
- Routes to qualification
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The process for qualification is set out in the Notaries (Qualification) Rules 2017.
The Notarial Practice Course is a two-year distance learning course, run on the Faculty Office’s behalf by an academic provider, to train candidates in Notarial Practice. The academic provider for the Notarial Practice Course is University College London (UCL).
- More about qualification
- https://www.facultyoffice.org.uk/notaries/become-a-notary/overview/
Professionals from other UK nations
- Routes to recognition within the UK
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Where someone is qualified as a Notary in another jurisdiction within the UK, they can apply under Rule 8 of the Notaries Qualification Rules 2017 to have their professional qualification recognised. They may be required to undertake an aptitude test (normally passing the examination set for the year 2 module in Notarial Practice at UCL - with or without taking the course (which is optional)) or to undergo a period of adaptation.
Professionals from outside the UK
- Recognition for professionals outside the UK
- All - there are routes to recognition for professionals from all countries
- Summary of routes
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Where someone is qualified as a Notary in another jurisdiction, they can apply under Rule 8 of the Notaries Qualification Rules 2017 to have their professional qualification recognised. They may be required to undertake an aptitude test (normally passing the examination set for the year 2 module in Notarial Practice at UCL - with or without taking the course (which is optional)) or to undergo a period of adaptation.
Legislation
- Title of relevant act or charter
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The Legal Services Act 2007, Courts & Legal Services Act 1990, and various older Notarial Acts provide the powers to appoint and regulate Notaries Public
- Title of relevant act or charter
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Our founding statute is the Ecclesiastical Licences Act 1533