So, what is a Notary?

When people come to see me they often ask, “What is a Notary?” In our jurisdiction lawyers are generally either recognised as Solicitors or Barristers so people are genuinely surprised to learn that notaries are members of the third and oldest branch of the legal profession in England and Wales.

Notaries are appointed by the Court of Faculties of the Archbishop of Canterbury and are subject to regulation by the Master of the Faculties.

Notaries are primarily concerned with the authentication and certification of signatures, authority and capacity relating to documents for use abroad.

They are also authorised to conduct general legal practice (excluding the conduct of court proceedings) such as conveyancing and probate. They may exercise the powers of a Commissioner for Oaths.

The majority of Notaries Public also practise as solicitors but the Scrivener Notaries do not, nor do some 150 of the general notaries.

History

English and Welsh Notaries can trace their roots back to 1533 when Henry VIII split with Rome and founded the Church of England. Prior to that time laws were administered by ‘lawyers’ and notaries appointed by the Catholic Church. In order to ensure a smooth transition of power Henry instigated a system of ‘Seals’ and granted the Archbishop of Canterbury authority to issue ‘Faculties’ to notaries.

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