Notaries and notarisation

Notaries

A notary is a qualified, regulated and insured lawyer who must adhere to rules and regulations governing their practice, conduct, record-keeping and accounting. Notaries are appointed by the Court of Faculties of the Archbishop of Canterbury and are regulated by the Faculty Office of the Court of Faculties for the purposes of the Legal Services Act 2007.

The Notaries Society is the representative society for Notaries Public practising in England and Wales.

The function of a notary is to:

•
draw, attest, verify, certify and authenticate documents
•
verify facts and events
•
note or certify transactions

Notaries may also conduct general legal practice and administer oaths.

There are three types of notaries practising within England and Wales:

•
general notaries—usually referred to as a notary public or notary
•
scrivener notaries—who have a proficiency in two or more foreign languages and the law of another European country
•
ecclesiastical notaries—who

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Private Client News

The Supreme Court tweaks Etridge (Waller Edwards v One Savings Bank plc)

Property Disputes analysis: English property law periodically produces epoch-making decisions of the highest court. In years to come, Waller Edwards v One Savings Bank plc may well become such a decision. It enjoys the respectable jurisprudential lineage of three famous House of Lords’ decisions: Barclays Bank v O’Brien, CIBC Mortgages v Pitt, and Royal Bank of Scotland v Etridge, but it also applies established principles in a novel way. Written by Marc Beaumont, Windsor Chambers.

OSCR announces new trustee information requirements under Scottish charity law reforms

The Office of the Scottish Charity Regulator (OSCR) has announced new requirements for Scottish charities to submit detailed trustee information through OSCR Online from 30 June 2025, as mandated by the Charities (Regulation and Administration) (Scotland) Act 2023 (C(RA)(S)A 2023). Under these new requirements, charities must submit comprehensive trustee details—including full name, home address, email address, telephone number, date of birth, and date of original appointment—through designated OSCR Online charity users. This information is vital for OSCR’s regulatory oversight, with the data being securely stored for two years after a trustee’s departure. From early 2026, only the first and last names of trustees will be published on the Scottish Charity Register, unless an exemption is granted for personal safety or security concerns.

Scottish Government launches consultation on SCIO dissolution regulation amendments

The Office of the Scottish Charity Regulator (OSCR) has announced the launch of the Scottish government's consultation to amend the Scottish Charitable Incorporated Organisation (SCIO) Dissolution Regulations. The proposed changes stem from recommendations made by the SCIO Dissolution Working Group in 2020 and include new powers for the OSCR to remove non-compliant SCIOs without court intervention, streamlined dissolution processing, enhanced creditor protections, and provisions for restoring dissolved SCIOs. A significant aspect of the amendments focuses on risk mitigation, with measures designed to ensure dissolution processes reach their intended conclusion. This addresses previous concerns about incomplete or abandoned procedures that could leave stakeholders in legal limbo. The consultation runs until 11 September 2025 and OSCR encourages all stakeholders—including charity trustees, legal professionals, and third-sector organisations—to contribute their views on these proposed changes before the September deadline.

OPG updates LPA registration guidance with expanded contact information

The Office of the Public Guardian (OPG) has updated its guidance on registering lasting powers of attorney (LPA) to include additional contact details. The update, dated 26 June 2025, introduces an international telephone number and Relay UK service information to enhance accessibility. The guidance now specifies that the contact centre operates Monday to Friday, from 9:30 am to 3:30 pm, excluding a break on Wednesdays between 11:00 am and 12:00 pm. These changes are designed to improve service accessibility for international callers and individuals using assistive communication services.