In the United Kingdom, solicitors and notary publics are often involved in the legalisation of papers for use abroad. In accordance with the 1961 Hague Convention, both can apostille documents for use overseas. However, these two services have some significant differences, particularly when dealing with document signing. This blog looks at these differences.
What is an Apostille?
An apostille is a certificate that attests to a document’s suitability for use abroad, often requested by Nations party to the Hague Convention. This certification attests to the authenticity of the signatures and stamps on the document as well as the validity of the person who issued or certified it.
Solicitors’ Function in Document Certification
Solicitors are licenced legal practitioners in the United Kingdom who draft legal papers, offer legal advice, and represent clients in court. Solicitors can certify documents for various reasons regarding legalisation, but most frequently as actual originals or true copies. This accreditation is accepted both internationally and in the UK. An apostille may also be required when a document is used outside the United Kingdom. Solicitors can witness document signings, but notaries may be required for documents intended for use abroad.
The Function of Public Notaries
Notary publics in the UK serve a specific purpose in the authentication of documents intended for use abroad, in contrast to solicitors. One of the most important parts of a notary’s job is to watch people sign documents. The individual whose signature needs to be certified meets with them, and they will observe them sign the document and confirm their identity. Notaries witness the signature on the document and subsequently notarise it, attesting to their observation and appending their signature as “witness.” This must be completed “in person” in a notary’s office. Remote work is not possible. The UK Legalisation Office is aware of the notary stamp used by notaries in Wales and England.
In Summary
Knowing when to engage a solicitor versus a notary is crucial for UK citizens who need to legalise papers for use abroad. A solicitor’s signature can be used to certify a document as authentic or original if required. Nevertheless, a notary public is advised if the procedure calls for the signer’s identity to be confirmed and their signature to be witnessed. This distinction is particularly crucial to ensure that papers comply with international legal requirements when they need to be accompanied by an apostille. Awareness of these variations may ensure their documents are appropriately written and approved in their intended countries.
For more information about apostilles for travel documents, contact Apostille & Legalisation Services on 02080172216.
