Frequently asked questions
Q: What is a seal?
A: Every notary has his own die-cast or embossed seal, usually containing a unique design or crest, the words "notary public" and his name.
Q: Do I need a notary for a power of attorney?
A: If for use overseas, this is the document most frequently needing notarisation .
Q: What does legalisation mean?
A: Legalisation means the certification of a signature and seal of a notary by a consular or diplomatic authority. In most transactions, legalisation will be achieved by a document being certified (“apostille”) by The Foreign and Commonwealth Office in Whitehall , London .
The notary derives his authority from the royal prerogative. However, whereas the royal prerogative is sufficient to give the notary authority in England & Wales , it is meaningless to give the notary authority abroad. As the need for a notary is almost always in connection with a foreign country, international transactions would be severely hampered if there was not a mechanism whereby the authority of an English notary was recognised abroad. This mechanism is provided by the process of legalisation as described in the opening paragraph of this section. Once the English notary's seal and signature has been legalised, it must be accepted by authorities abroad.
Q: What is an apostille?
A: Specific form of legalisation originally created by the Convention of 5th October 1961 of the Hague Conference on Private International Law. Information as to which countries have signed the Convention is available from the office.
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