FOREIGN AFFAIRS

A UK Notary Public – unlike notaries in other countries (jurisdictions) – deals exclusively with foreign affairs; personal or company business matters with an overseas connection: personal issues, such the adoption of children from abroad or corporate affairs such as the transfer of shares in a foreign Company. 

The three most frequent matters that a Notary Public deals with are:

1. The certification of identity
   
   
2. The notarisation of Powers of Attorney for an agent or foreign lawyer to act on your behalf outside the UK in a legally binding agreement
   
   
3. Arranging for the legalisation of notarial documents at the Foreign and Commonwealth Office (with an apostille) or at various Embassies, Consulates and High Commissions (including the United Arab Emirates, Egypt, Brazil, China, India and Nigeria).
   

Often the restricted power to deal with certain parts of a legally binding transaction is given to a real estate agent or foreign lawyer to act on your behalf in the transfer, sale or purchase of property or land.  This usually takes the form of a two-column, dual-language Power of Attorney.  It is the notary’s job to ensure that you understand what you are signing and the powers that you are giving away.

Notarial matters have included …

Property overseas
The witnessing of a Deed of Conveyance for a house purchase in Jamaica.
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Wills and Probate.
I acted as supervising Notary to the execution by my clients of their Wills dealing only with their Estates in Spain.

I have certified for use in the Canary Islands that a UK Grant of Probate is genuine, so that the Spanish Estate of the Deceased could be administered (apostille required)
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Moving abroad
I have acted for Doctors seeking to obtain work permits and visas for Australia, and prepared certified copies of their professional qualifications and degrees.

For a client moving to India, I obtained certification from his children’s school as to their academic progress so that they can find appropriate school placing in India. This ‘proof of education’ also applies in other countries – Bulgaria for example.
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Marrying abroad
I took evidence and prepared Affidavits from a couple wishing to marry in Sri Lanka stating that each is single and adult and free to marry. For Sri Lanka the usual requirement is for an apostille plus Consular Authentication but in this case the travel agents concerned said no legalisation was needed. I advised my clients to check this very carefully.
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Passport applications
For Slovakia, I obtained from the UK Registry of Births, Deaths and Marriages a Birth Certificate for a child born here of Slovakian parents, obtaining an apostille on it, so that the certificate would be accepted in Slovakia and the child be granted a Slovakian passport.
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Financial matters
I witnessed the execution of a Mortgage Deed for use in Florida, where a Deed which is executed in England is required to have been signed not only in the presence of a Notary Public but also in the presence of two additional adult witnesses. Although no apostille is usually required for US Deeds, the United States is a party to the Convention of the Hague and so occasionally lawyers will request the apostille, especially in Florida, California and New York.
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Company Business
I have witnessed the execution, and arranged the legalisation, of a Deed of Power of Attorney by a Company Director in relation to the transfer of shares in a German company. I have also provided certified evidence of the existence of a UK Company for the purpose of evidence required by a German Court.

I have confirmed for the Spanish Tax authorities the status of a major UK PLC company in relation to its VAT registration.

For Saudi Arabia and for the United Arab Emirates, I witnessed a Power of Attorney Deed and a copy of a Board Meeting resolution produced to me by a Company director of a UK Company and dealt with all legalisation (Apostille, UAE Consulate, Saudi Consulate via the Arab-British Chamber of Commerce) in order to establish the decisions of the Company as to its representation in those jurisdictions.
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Certification of identity and agency
I have witnessed the signature of a letter of authority by a Company sales executive to confirm for the authorities in Saudi Arabia that a person there is its genuine agent. For Saudi Arabia, legalisation with Foreign Office then Saudi Consulate via the Arab-British Chamber of Commerce.
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