Notary Public

A Notary Public is a crucial figure in the legal landscape, serving a distinctive role that differs significantly from that of lawyers.  Notaries play a vital role in facilitating legal transactions, ensuring document authenticity, and contributing to the overall integrity of legal processes.  

Notarial Work

Notarial work encompasses a vital aspect of legal practice that involves the authentication and certification of documents, transactions, and signatures by a notary public. Notaries public play a crucial role in ensuring the integrity and legality of various legal instruments, both domestically and internationally.

One primary function of notarial work is the verification of signatures on documents. Notaries confirm the identity of signatories and witness the signing of important legal papers, attesting that the individuals involved have willingly and knowingly executed the documents. This process adds a layer of credibility and authenticity to legal instruments.

Additionally, notaries public often administer oaths and affirmations, affirming the truthfulness of statements made in legal documents or during legal proceedings. This service is particularly crucial in affidavits, depositions, and sworn statements, where the veracity of information is of utmost importance.

Notarial work extends to the certification of copies of original documents. Notaries can authenticate the accuracy of reproduced documents, making them legally recognized equivalents to the original. This certification is often required for various purposes, including immigration applications, academic qualifications, and legal proceedings.

Furthermore, notaries play a key role in the preparation and execution of notarial acts for international transactions. This includes the authentication of documents for use in foreign jurisdictions, such as powers of attorney, contracts, and deeds. The notarial seal and signature lend official recognition to these documents, facilitating their acceptance abroad.

In the realm of real estate, notarial work is integral to property transactions. Notaries may be involved in the notarization of property deeds, mortgage documents, and other legal instruments related to real property. The notary’s certification provides an added layer of assurance regarding the legitimacy of the documents involved in these transactions.

In essence, notarial work acts as a safeguard against fraud, misrepresentation, and unauthorized alterations in legal documents. It upholds the principles of transparency and trust in legal transactions, contributing to the overall reliability of legal instruments both within national borders and across international boundaries.

ORIGIN OF NOTARY PUBLIC

The office of a notary public had its origin in the ancient Rome. In 1279 notary public was introduced into England, the Archbishop of Canterbury was authorized by the Pope Nicholas III to appoint notaries in England. The Public Notaries Act 1801 empowered the Court of Facilities of the Archbishop of Canterbury to admit notaries to the profession. The Legal Services Act 2007 preserves the jurisdiction of the Court of Faculties to admit and enroll notaries in England and Wales. The Master of the Faculties acts as an approved regulator regarding to the notarial activities.

In accordance with the Halsbury’s Law of England, 5th ed, (London LexisNexis 2009) Vol 66, para 1412, , the meaning of a notary public is “a legal officer appointed by the Court of Faculties, whose general role, amongst other matters, to draw, attest or certify, under an official seal, documents which are intended for use in other jurisdiction. A notary may also prepare wills or other testamentary documents, note or certify transaction relating to negotiable instruments and draw up protests or other formal papers relating to shipping and the cargo conveyed therein. The office further confers the right to administer oaths and declarations.”

NOTARY PUBLIC IN QUEENSLAND

The name of “public notary” and “notary public” are used interchangeable in the Court of Faculties. Notary Public in the State of Queensland Australia is appointed by the Court of Faculties in England.

There is no law, statutory or otherwise prescribing the formal parts of a notarial act, it has been said in Brooke, A Treatise on the Office and Practice of a Notary in England, 9th ed (1939) p46 that the essential parts of a notarial acts in public form are:

“first, the title, the date and place of execution, the names of the notary, parties and witnesses, and a statement of the fact of the parties appearing before the notary and of their reason for doing so; second, the document or transaction which is the subject of the act; third, a statement to the effect that the instrument was read to the parties and approved by them; fourth, the signatures of the parties and witnesses; and, fifth, the signature and seal of the notary himself.

NOTARY IN THE PEOPLE’S REPUBLIC OF CHINA

The Legislation was passed in 2005 and commenced on 1 March 2006. The third amendment was passed on 1 September 2017.

In accordance with article 2 of the Legislation, notarization means certifying the authenticity and legality of a legal act, a document or a fact of legal significance according to the statutory procedures.

Unlike in Australia, a notary in China upon request, may perform a board range of notarial acts. Article 11 provides that a notary in China may perform the following notarial acts:

1. contract;
2. inheritance;
3. authorization, declaration, bestowal, will;
4. distribution of property;
5. bidding and tendering, auction;
6. marriage status, kindred relationship, adoption relationship;
7. birth, existence, death, identity, experience, education background, degree, job title, professional technical title, having or not having illegal and criminal record;
8. articles of association;
9. preservation of evidence;
10. signature, seal and date as indicated in a document, duplicate or photocopy of a document conforming with the original document; and
11. other matters that a natural person, legal person or any other organisation voluntarily requests for notarization.

Article 28 of the legislation provides a notary when performing notarial acts, must examine the following:

1. the identity of the party concerned, the qualifications for requesting for the notarial act and the corresponding rights;
2. whether the documents are complete, whether the meanings are clear and whether the signature and seal are complete;
3. whether the certification materials are authentic, lawful and adequate; and
4. whether the matter under request for notarization are genuine and lawful.