Notaries and notarisation—notarisation

The following Private Client practice note provides comprehensive and up to date legal information covering:

  • Notaries and notarisation—notarisation
  • Public form or private form
  • Certification of facts and documents
  • Individuals
  • Companies
  • Ships
  • Bills of exchange, promissory notes and cheques
  • Documents in a foreign language
  • Instructing a notary
  • Costs
  • More...

Notaries and notarisation—notarisation

The principles of the notarial act are that it is:

  1. an act of the notary and not of the parties named in the document

  2. a record of a fact, event or transaction

  3. in the form of a document, notwithstanding the form of the underlying document, fact, event or transaction

The purpose of the notarial act is to provide authentication in the form of documentary evidence that will be acceptable in the receiving jurisdiction.

The notary does this by first providing verification:

  1. verifying the identity of the person who appears before them (the appearer) to a high standard to ensure that the appearer is the party named in the document, so will be bound by the document

  2. verifying the capacity of the appearer to be bound by the transaction, such as the appearer not being a minor or a bankrupt

  3. verifying the authority of the appearer who represents themselves or that an appearer acts as an attorney or deputy on behalf of another or that an appearer is an office holder authorised to represent a company or other organisation

  4. verifying the will of the appearer to enter into the transaction and that the appearer understands and intends to be bound by the transaction

The notary then provides certification by the notarial act which must contain:

  1. the name and capacity of the parties and how the notary

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