Commissioner For Oaths
   HOME

TheInfoList



OR:

A notary public ( notary or public notary; notaries public) of the
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to validate the signature of a person (for purposes of signing a document); administer
oath Traditionally, an oath (from Old English, Anglo-Saxon ', also a plight) is a utterance, statement of fact or a promise taken by a Sacred, sacrality as a sign of Truth, verity. A common legal substitute for those who object to making sacred oaths ...
s and affirmations; take
affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or ''deposition (law), deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by la ...
s and statutory declarations, including from
witnesses In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jur ...
; authenticate the execution of certain classes of documents; take acknowledgments (e.g., of deeds and other conveyances); provide notice of foreign drafts; provide exemplifications and notarial copies; and, to perform certain other official acts depending on the
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
. Such transactions are known as notarial acts, or more commonly, notarizations. The term ''notary public'' only refers to common-law notaries and should not be confused with civil-law notaries. With the exceptions of
Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...
,
Puerto Rico ; abbreviated PR), officially the Commonwealth of Puerto Rico, is a Government of Puerto Rico, self-governing Caribbean Geography of Puerto Rico, archipelago and island organized as an Territories of the United States, unincorporated territo ...
,
Quebec Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, ...
(whose private law is based on civil law), and
British Columbia British Columbia is the westernmost Provinces and territories of Canada, province of Canada. Situated in the Pacific Northwest between the Pacific Ocean and the Rocky Mountains, the province has a diverse geography, with rugged landscapes that ...
(whose notarial tradition stems from
scrivener A scrivener (or scribe) was a person who, before the advent of compulsory education, could literacy, read and write or who wrote letters as well as court and legal documents. Scriveners were people who made their living by writing or copying w ...
notary practice), a notary public in the rest of the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
and most of
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
has powers that are far more limited than those of civil-law or other common-law notaries, both of whom are qualified lawyers admitted to the bar: such notaries may be referred to as notaries-at-law or lawyer notaries. Therefore, at common law, notarial service is distinctly different from the
practice of law In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the profes ...
, and giving legal advice and preparing legal instruments is forbidden to lay notaries such as those appointed throughout most of the United States. Despite these distinctions, lawyers in the United States may apply to become notaries, and this class of notary is allowed to provide legal advice, such as determining the type of act required (affidavit, acknowledgment, etc.).


Overview

Notaries are appointed by a government authority, such as a court, governor, county commissioners, or lieutenant governor, or by a regulating body often known as a society or faculty of notaries public. For lawyer notaries, an appointment may be for life, while lay notaries are usually commissioned for a briefer term (often 3 to 5 years in the U.S.), with the possibility of renewal. In most common law countries, appointments and their number for a given notarial district are highly regulated. However, since the majority of American notaries are lay persons who provide officially required services, commission numbers are not regulated, which is part of the reason why there are far more notaries in the United States than in other countries (4.5 million vs. approx. 740 in
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
and approx. 1,250 in Australia and New Zealand). Furthermore, all U.S. and some Canadian notarial functions are applied to domestic affairs and documents, where fully systematized attestations of signatures and acknowledgment of deeds are a universal requirement for document authentication. In the U.S., notaries public do not authenticate ''documents'' in a traditional sense: instead, they authenticate that the ''signature(s)'' on a document belongs to the person(s) claiming to be the signer(s), thus ensuring trust among interested parties. By contrast, outside North American common law
jurisdictions Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels ...
, notarial practice is restricted to international legal matters or where a foreign jurisdiction is involved, and almost all notaries are also qualified lawyers. For the purposes of authentication, most countries require commercial or personal documents which originate from or are signed in another country to be notarized before they can be used or officially recorded or before they can have any legal effect. To these documents a notary affixes a notarial certificate–a separate document stating the notarial act performed and upon which the party(ies) and notary sign–which attests to the execution of the document, usually by the person who appears before the notary, known as an appearer or constituent (U.S.). In the U.S., many documents include the notarial wording within the document, thus eliminating the need for an additional page for the certificate only (i.e., the document is signed and notarized, including application of the Notary's seal). In cases where notaries are also lawyers, such a notary may also draft legal instruments known as notarial acts or
deed A deed is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right ...
s which have probative value and executory force, as they do in civil law jurisdictions. Originals or secondary originals are then filed and stored in the notary's archives, or protocol. As noted, ''lay'' notaries public in the U.S. are forbidden to advise signers as to which type of act suits the signer's situation: instead, the signer must provide the certificate/wording that is appropriate. Notaries are generally required to undergo special training in the performance of their duties, often culminating in an examination and ongoing education/re-examination upon commission renewal. Some states have no training for their notaries public. Some must also first serve as an apprentice before being commissioned or licensed to practice their profession. In some countries, even licensed lawyers, e.g.,
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
s or
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
s, must follow a prescribed specialized course of study and be mentored for two years before being allowed to practice as a notary (e.g., British Columbia, England). However, notaries public in the U.S., of which the vast majority are lay people, require only a brief training seminar and are expressly forbidden to engage in any activities that could be construed as the unlicensed
practice of law In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the profes ...
unless they are also qualified attorneys. That said, even lay notaries public must know all applicable laws in their jurisdiction (e.g., state) to practice, and a commission could be revoked for a single deviation from such laws. Notarial practice is universally considered to be distinct and separate from that of an attorney (solicitor/barrister). In England and Wales, there is a course of study for notaries which is conducted under the auspices of the University of Cambridge and the Society of Notaries of England and Wales. In the State of Victoria, Australia, applicants for appointment must first complete a Graduate Diploma of Notarial Practice which is administered by the
Sir Zelman Cowen Sir Zelman Cowen, (7 October 1919 – 8 December 2011) was an Australian legal scholar and university administrator who served as the 19th Governor-General of Australia, in office from 1977 to 1982. Cowen was born in Melbourne, and attended ...
Centre in Victoria University, Melbourne. The United States is a notable exception to these practices: lawyer-notaries need only be approved by their jurisdiction and possibly by a local court or bar association. In bi-juridical jurisdictions, such as
South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...
or
Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...
, the office of notary public is a legal profession with educational requirements similar to those for attorneys. Many even have institutes of higher learning that offer degrees in notarial law. Therefore, despite their name, "notaries public" in these jurisdictions are in effect civil law notaries.


History

Notaries public (also called "notaries", "notarial officers", or "public notaries") hold an office that can trace its origins back to the ancient Roman Republic, when they were called ''scribae'' ("scribes"), ''tabelliones forenses'', or ''personae publicae''. The history of notaries is set out in detail in Chapter 1 of ''Brooke's Notary'' (13th edition):Chapter 1 of ''Brooke's Notary'' (13th edition, Stevens, London, 2010)


Common law jurisdictions

The duties and functions of notaries public are described in ''Brooke's Notary'' on page 19 in these terms: A notary, in almost all
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
jurisdictions other than most of North America, is a practitioner trained in the drafting and execution of legal documents. Historically, notaries recorded matters of judicial importance in addition to private transactions or events where an officially authenticated record or a document drawn up with professional skill or knowledge was required. The functions of notaries specifically include the preparation of certain types of documents (including international contracts, deeds, wills, and powers of attorney) and certification of their due execution, administering of oaths,
witness In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jur ...
ing
affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or ''deposition (law), deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by la ...
s and statutory declarations, certification of copy documents, noting and protesting of bills of exchange, and the preparation of
ship A ship is a large watercraft, vessel that travels the world's oceans and other Waterway, navigable waterways, carrying cargo or passengers, or in support of specialized missions, such as defense, research and fishing. Ships are generally disti ...
s' protests. Documents certified by notaries are sealed with the notary's
seal Seal may refer to any of the following: Common uses * Pinniped, a diverse group of semi-aquatic marine mammals, many of which are commonly called seals, particularly: ** Earless seal, also called "true seal" ** Fur seal ** Eared seal * Seal ( ...
(which may be a traditional embossed marking or a modern stamp) and are often, as a matter of best practice or else jurisdictional law, recorded by the notary in a register (also called a "protocol") maintained and permanently kept by him or her. The use of a seal by definition means a "notarial act" was performed. In countries subscribing to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents or Apostille Convention, additional steps are required for use of documents across international borders. Some documents must be notarized locally and then sealed by the regulating authority (e.g., in the U.S., the Secretary of State of the state in which the notary is commissioned)–sometimes, documents may skip directly to this level–and then a final act of certification is required, known as an
apostille The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, also known as the Apostille Convention, is an international treaty drafted by the Hague Conference on Private International Law (HCCH). Th ...
. The apostille is issued by a government department (usually the Foreign Affairs Department; the Department of State in the U.S.; or similar). For countries which are not subscribers to that convention, an "authentication" or "legalization" must be provided by one of a number of methods, including by the Foreign Affairs Ministry of the country from which the document is being sent or the embassy, Consulate-General, consulate or High Commission of the country to which it is being sent.


Information on individual countries


Australia

In all Australian states and territories (except Queensland) notaries public are appointed by the Supreme Court of the relevant state or territory. Very few have been appointed as a notary for more than one state or territory. Queensland, like
New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
, continues the practice of appointment by the Archbishop of Canterbury acting through the Master of the Faculties. Australian notaries are lawyers and are members of the Australian and New Zealand College of Notaries, the Society of Notaries of New South Wales Inc., the Public Notaries Society of Western Australia Inc, and other state-based societies. The overall number of lawyers who choose to become a notary is relatively low. For example, in
South Australia South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. With a total land area of , it is the fourth-largest of Australia's states and territories by area, which in ...
(a state with a population of 1.5 million), of the over 2,500 lawyers in that state only about 100 are also notaries and most of those do not actively practice as such. In
Melbourne Melbourne ( , ; Boonwurrung language, Boonwurrung/ or ) is the List of Australian capital cities, capital and List of cities in Australia by population, most populous city of the States and territories of Australia, Australian state of Victori ...
, Victoria, in 2002 there were only 66 notaries for a city with a population of 3.5 million and only 90 for the entire state. In
Western Australia Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...
, there are approximately 58 notaries as at 2017 for a city with a population of 2.07 million people. Compare this with the United States where it has been estimated that there are nearly 5 million notaries for a nation with a population of 296 million. As Justice Debelle of the
Supreme Court of South Australia The Supreme Court of South Australia is the superior court of the Australian state of South Australia. The Supreme Court is the highest South Australian court in the Australian court hierarchy. It has unlimited jurisdiction within the state in ...
said in the case of ''In The Matter of an Application by Marilyn Reys Bos to be a Public Notary'' 003SASC 320, delivered 12 September 2003, in refusing the application by a non-lawyer for appointment as a notary: Historically there have been some very rare examples of patent attorneys or accountants being appointed, but that now seems to have ceased. However, there are three significant differences between notaries and other lawyers. *the duty of a notary is to the transaction as a whole, and not just to one of the parties. In certain circumstances a notary may act for both parties to a transaction as long as there is no conflict between them, and in such cases it is their duty is to ensure that the transaction that they conclude is fair to both sides. *a notary will often need to place and complete a special clause onto or attach a special page (known as an
eschatocol An eschatocol, or closing protocol, is the final section of a legal or public document, which may include a formulaic sentence of appreciation; the attestation of those responsible for the document, which may be the author, writer, countersigner, ...
) to a document in order to make it valid for use overseas.
In the case of some documents which are to be used in some foreign countries it may also be necessary to obtain another certificate known either as an "authentication" or an "
apostille The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, also known as the Apostille Convention, is an international treaty drafted by the Hague Conference on Private International Law (HCCH). Th ...
" (see above) (depending on the relevant foreign country) from the
Department of Foreign Affairs and Trade The Department of Foreign Affairs and Trade (DFAT) is the department of the Australian government responsible for foreign policy and international relations, development aid (under the name Australian Aid), consular services, overseas trad ...
. *a notary identifies themselves on documents by the use of their individual seal. Such seals have historical origins and are regarded by most other countries as of great importance for establishing the authenticity of a document. Their principal duties include: # attestation of documents and certification of their due execution for use internationally # preparation and certification of powers of attorney, wills, deeds, contracts and other legal documents for use internationally # administering of oaths for use internationally # witnessing affidavits, statutory declarations and other documents for use internationally # certification of copy documents for use internationally # exemplification of official documents for use internationally # noting and protesting of bills of exchange (which is rarely performed) # preparation of ships' protests # providing certificates as to Australian law and legal practice for use internationally It is usual for Australian notaries to use an embossed seal with a red wafer, and now some notaries also use an inked stamp replicating the seal. It is also common for the seal or stamp to include the notary's chosen logo or symbol. In South Australia and
Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
, it is acceptable for a notary to use the letters "NP" after their name. Thus a South Australian notary may have "John Smith LLB NP" or similar on his business card or letterhead. Australian notaries do not hold "commissions" which can expire. Generally, once appointed they are authorized to act as a notary for life and can only be "struck off" the Roll of Notaries for proven misconduct. In certain states, for example, New South Wales and Victoria, they cease to be qualified to continue as a notary once they cease to hold a practicing certificate as a legal practitioner. Even judges, who do not hold practicing certificates, are not eligible to continue to practice as notaries. Notaries in some states of Australia are regulated by legislation. In New South Wales the Public Notaries Act 1997 applies and in Victoria the Public Notaries Act 2001 applies. There are also Notary Societies throughout Australia and the societies keep a searchable list of their members. In New South Wales, The Society of Notaries of New South Wales Inc.; in Queensland The Society of Notaries Queensland Inc.; in South Australia the Notaries' Society of South Australia Inc. and in Victoria, The Society of Notaries of Victoria Inc.. Notaries collecting information for the purposes of verification of the signature of the deponent might retain the details of documents which identify the deponent, and this information is subject to the
Privacy Act 1988 The ''Privacy Act 1988'' is an Australian law dealing with privacy. Section 14 of the Act stipulates a number of privacy rights known as the Australian Privacy Principles (APPs). These principles apply to Australian Government and Australian C ...
. A notary must protect the personal information the notary holds from misuse and loss and from unauthorised access, modification or disclosure. All Australian jurisdictions also have justices of the peace (JP) or commissioners for affidavits and other unqualified persons who are qualified to take affidavits or statutory declarations and to certify documents. However they can only do so if the relevant affidavit, statutory declaration or copy document is to be used only in Australia and not in a foreign country, with the possible exception of a few Commonwealth countries not including the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
or New Zealand except for very limited purposes. Justices of the peace (JPs) are (usually) laypersons who have minimal, if any, training (depending on the jurisdiction) but are of proven good character. Therefore, a US notary resembles an Australian JP rather than an Australian notary.


Brazil

Notaries in Brazil need to pass stringent exams in addition to holding law degrees. Civil life in Brazil relies upon the notary public system heavily. Brazilian notaries public specialize in seven main areas: 1. Civil Records; 2. Notes. 3. Real Estate Records; 4. Credit Notes and Documents; 5. Protest of Credit Notes; 6. Business Enterprises Records; and 7. Central Notaries (a.k.a. "Distribution Notaries). Brazilian notaries have a hybrid nature. They are private but appointed by the Judiciary and are recognized as an official authority ("dotado de fé pública").


Canada

Canadian notaries public (except in the province of
British Columbia British Columbia is the westernmost Provinces and territories of Canada, province of Canada. Situated in the Pacific Northwest between the Pacific Ocean and the Rocky Mountains, the province has a diverse geography, with rugged landscapes that ...
and
Quebec Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, ...
) are very much like their American counterparts, generally restricted to administering oaths, witnessing signatures on affidavits and statutory declarations, providing acknowledgements, certifying true copies, and so forth.


British Columbia

In
British Columbia British Columbia is the westernmost Provinces and territories of Canada, province of Canada. Situated in the Pacific Northwest between the Pacific Ocean and the Rocky Mountains, the province has a diverse geography, with rugged landscapes that ...
, a notary public is more like a
British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories and Crown Dependencies. * British national identity, the characteristics of British people and culture ...
or Australian notary. Notaries are appointed for life by the
Supreme Court of British Columbia The Supreme Court of British Columbia is the superior trial court for the province of British Columbia, Canada. The Court hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. There are 90 judici ...
and as a self-regulating profession, the Society of Notaries Public of British Columbia is the regulatory body overseeing and setting standards to maintain public confidence. A BC notary is also a commissioner for taking affidavits for British Columbia, by reason of office. Furthermore, BC notaries exercise far greater power, able to dispense legal advice and draft public instruments including: * Notarization – notarizations/attestations of signatures, affidavits, statutory declarations, certified true copies, letters of invitation for foreign travel, authorization of minor child travel, execution/authentications of international documents, passport application documentation, proof of identity for travel purposes * Real estate law – home purchase/sale; business purchase/sale;
mortgages A mortgage loan or simply mortgage (), in civil law jurisdictions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any pur ...
and
refinancing Refinancing is the replacement of an existing debt obligation with another debt obligation under a different term and interest rate. The terms and conditions of refinancing may vary widely by country, province, or state, based on several economic ...
; residential, commercial, and manufactures home transfer of title; restrictive covenants and builder's liens * Wills and estate planning – preparation and searches of last wills and testaments, advance directives, representation agreements and
power of attorney A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person auth ...
*
Contract law A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or pr ...
– preparation of contracts and agreements, commercial lease and assignments * easements and
right of way A right of way (also right-of-way) is a specific route that people, animals, vehicles, watercraft, or utility lines travel, or the legal status that gives them the right to do so. Rights-of-way in the physical sense include controlled-access h ...
* insurance loss declarations * marine bills of sale and mortgages * marine protestations * personal property security agreements * purchaser's side for foreclosures * subdivisions and statutory building schemes * zoning applications


Nova Scotia

In
Nova Scotia Nova Scotia is a Provinces and territories of Canada, province of Canada, located on its east coast. It is one of the three Maritime Canada, Maritime provinces and Population of Canada by province and territory, most populous province in Atlan ...
a person may be a notary public, a commissioner of oaths, or both. A notary public and a commissioner of oaths are regulated by the provincial Notaries and Commissioners Act. Individuals hold a commission granted to them by the Minister of Justice. Under the Act a notary public in has the "power of drawing, passing, keeping and issuing all deeds and contracts, charter-parties and other mercantile transactions in this Province, and also of attesting all commercial instruments brought before him for public protestation, and otherwise of acting as is usual in the office of notary, and may demand, receive and have all the rights, profits and emoluments rightfully appertaining and belonging to the said calling of notary during pleasure." Under the Act a commissioner of oaths is "authorized to administer oaths and take and receive affidavits, declarations and affirmations within the Province in and concerning any cause, matter or thing, depending or to be had in the Supreme Court, or any other court in the Province." Every barrister of the Supreme Court of Nova Scotia is a commissioner of oaths but must receive an additional commission to act as a notary public. "A Commissioner of Oaths is deemed to be an officer of the Supreme Court of Nova Scotia. Commissioners take declarations concerning any matter to come before a court in the Province.". Additionally, individuals with other specific qualifications, such as being a current
Member of the Legislative Assembly A Member of the Legislative Assembly (MLA) is a representative elected to sit in a legislative assembly. The term most commonly refers to members of the legislature of a federated state or an autonomous region, but is also used for several nation ...
, commissioned officer of the
Royal Canadian Mounted Police The Royal Canadian Mounted Police (RCMP; , GRC) is the Law enforcement in Canada, national police service of Canada. The RCMP is an agency of the Government of Canada; it also provides police services under contract to 11 Provinces and terri ...
or
Canadian Forces The Canadian Armed Forces (CAF; , FAC) are the unified Military, military forces of Canada, including sea, land, and air commands referred to as the Royal Canadian Navy, Canadian Army and the Royal Canadian Air Force. Under the ''National Defenc ...
may act as if explicitly being a commissioner of oaths.


Quebec

Since
Quebec Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, ...
uses a civil law system for non-criminal matters, notaries in that province are civil-law notaries (''notaires'') that are full lawyers licensed to practice notarial law and regulated by the Chamber of Notaries of Quebec. Quebec notaries draft and prepare major
legal instrument Legal instrument is a law, legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation ...
s ( notarial acts), provide complex legal advice, represent clients (out of court) and make appearances on their behalf, act as arbitrator, mediator, or conciliator, and even act as a court commissioner in non-contentious matters. To become a notary in Quebec, a candidate must hold a bachelor's degree in civil law and a one-year Master's in notarial law and serve a traineeship (''stage'') before being admitted to practice. The concept of notaries public in Quebec does not exist. Instead, the province has Commissioners of Oaths (''Commissaires à l'assermentation'') who may administer oaths in Quebec (and outside of Quebec, if authorized) for a procedure or a document intended for Quebec (or Federal matters). A Quebec commissioner for oaths can not certify documents or attest that a copy of a document is in accordance to the original; only a '' notaire'' can do it.


India

The central government appoints notaries for the whole or any part of the country. State governments, too, appoint notaries for the whole or any part of the states. On an application being made, any person who had been practicing as a Lawyer for at least ten years is eligible to be appointed a notary. The applicant, if not a legal practitioner, should be a member of the Indian Legal Service or have held an office under the central or state government, requiring special knowledge of law, after enrollment as an advocate or held an office in the department of Judge, Advocate-General or in the armed forces.


Iran

Notary public is a trained lawyer that should pass some special examinations to be able to open their office and start their work. Persian meaning of this word is means head of the office and their assistant called . Both these persons should have bachelor's degree in law or master's degree in civil-law.


Ireland

There is archival evidence showing that public notaries, acting pursuant to papal and imperial authority, practised in Ireland in the 13th century, and it is reasonable to assume that notaries functioned here before that time. In Ireland, public notaries were at various times appointed by the Archbishop of Canterbury and the Archbishop of Armagh. The position remained so until the Reformation. After the Reformation, persons appointed to the office of public notary either in Great Britain or Ireland received the faculty by royal authority, and appointments under faculty from the Pope and the emperor ceased. In 1871, under the Matrimonial Causes and Marriage Law (Ireland) Amendment 1870, the jurisdiction previously exercised by the
Archbishop of Armagh The Archbishop of Armagh is an Episcopal polity, archiepiscopal title which takes its name from the Episcopal see, see city of Armagh in Northern Ireland. Since the Reformation in Ireland, Reformation, there have been parallel apostolic success ...
in the appointment of notaries was vested in and became exercisable by the Lord Chancellor of Ireland. In 1920, the power to appoint notaries public was transferred to the
Lord Lieutenant of Ireland Lord Lieutenant of Ireland (), or more formally Lieutenant General and General Governor of Ireland, was the title of the chief governor of Ireland from the Williamite Wars of 1690 until the Partition of Ireland in 1922. This spanned the K ...
. The position in Ireland changed once again in 1924 following the establishment of the
Irish Free State The Irish Free State (6 December 192229 December 1937), also known by its Irish-language, Irish name ( , ), was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-ye ...
. Under the Courts of Justice Act, 1924 the jurisdiction over notaries public was transferred to the Chief Justice of the Irish Free State. In 1961, under the Courts (Supplemental Provisions) Act of that year, and the power to appoint notaries public became exercisable by the Chief Justice. This remains the position in
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
, where notaries are appointed on petition to the Supreme Court, after passing prescribed examinations. The governing body is the Faculty of Notaries Public in Ireland. The vast majority of notaries in Ireland are also
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
s. A non-solicitor, who was successful in the examinations as set by the governing body, applied in the standard way to the Chief Justice to be appointed a notary public. The Chief Justice heard the adjourned application on 3 March 2009 and appointed the non-solicitor as a notary on 18 July 2011. In Ireland notaries public cannot agree on a standard fee due to competition law. In practice the price per signature appears to be €100. A cheaper alternative is to visit a commissioner for oaths who will charge less per signature, but that is only possible where whoever is to receive a document will recognize the signature of a commissioner for oaths.


Malaysia

A notary public is a lawyer authorized by the Attorney General. The fees are regulated by the Notary Public (Fees) Rules 1954. A commissioner for oaths (locally knows as ''Pesuruhjaya Sumpah'') is a person appointed by the Chief Justice under section 11 of Court of Judicature Act 1964, and Commissioners for Oaths Rules 1993.


New Zealand

A notary public in New Zealand is a lawyer authorised by the
Archbishop of Canterbury The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the Primus inter pares, ceremonial head of the worldwide Anglican Communion and the bishop of the diocese of Canterbury. The first archbishop ...
in England to officially witness signatures on legal documents, collect sworn statements, administer oaths and certify the authenticity of legal documents usually for use overseas. The Master of the Faculties appoints notaries in the exercise of the general authorities granted by s 3 of the Ecclesiastical Licences Act 1533 and Public Notaries Act 1833. Recommendations are made by the New Zealand Society of Notaries, which normally requires and applicant to have 10 years' experience post admission as a lawyer and 5 years as a Law Firm Partner or equivalent.


Singapore

A Notary Public in Singapore must be appointed by the Board of Commissioners for Oaths and Notaries Public. A Notary Public must be a qualified lawyer who is at least 40 years old, with at least 15 years of experience in active legal practice. The Notary Public is responsible for certifying the authenticity and valid execution of documents.


Sri Lanka

Notaries in Sri Lanka are more akin to civil law notaries, their main functions are conveyancing, drafting of legal instruments, etc. They are appointed under the Notaries Ordinance No 1 of 1907. They must pass exam held by the Ministry of Justice and apprentice under senior notary for a period of two years. Alternatively, attorneys at law who pass the conveyancing exam are also admitted as a notary public under warrant of the Minister. The Minister of Justice may appoint any attorney at law as a commissioner for oaths, authorized to certify and authenticate the
affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or ''deposition (law), deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by la ...
/documents and any such other certificates that are submitted by the general public with the intention of certifying by the commissioner for oath.


United Kingdom


England and Wales

After the passage of the Ecclesiastical Licences Act 1533, which was a direct result of the
Reformation in England The English Reformation began in 16th-century England when the Church of England broke away first from the authority of the pope and bishops over the King and then from some doctrines and practices of the Catholic Church. These events we ...
, all notary appointments were issued directly through the Court of Faculties. The Court of Faculties is attached to the office of the
Archbishop of Canterbury The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the Primus inter pares, ceremonial head of the worldwide Anglican Communion and the bishop of the diocese of Canterbury. The first archbishop ...
. In
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
there are two main classes of notaries: general notaries and scrivener notaries. Their functions are almost identical. All notaries, like
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
s,
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
s,
legal executive Legal executives are a kind of trained legal professional in certain jurisdictions. They often specialise in a particular area of law. A legal executive usually receives both vocational training (a minimum of 3 years for those in England and Wale ...
s, costs lawyers and licensed conveyancers, are also commissioners for oaths. They also acquire the same powers as
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
s and other law practitioners, with the exception of the right to represent others before the courts (unless also members of the bar or admitted as a solicitor) once they are commissioned notaries. In practice almost all English notaries, and all Scottish ones, are also solicitors, and usually practise as solicitors. Commissioners of oaths are able to undertake the bulk of routine domestic attestation work in England and Wales. Many documents, including signatures for normal property transactions, do not need professional attestation of signature at all, a lay witness being sufficient. In practice the need for notaries in purely English legal matters is very small; for example they are not involved in normal property transactions. Since a great many
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
s also perform the function of commissioners for oaths and can witness routine declarations etc. (all are qualified to do so, but not all offer the service), most work performed by notaries relates to international matters in some way. They witness or authenticate documents to be used abroad. Many English notaries have strong foreign language skills and often a foreign legal qualification. The work of notaries and solicitors in England is separate although most notaries are solicitors. The Notaries Society gives the number of notaries in England and Wales as "about 1,000", all but seventy of whom are also solicitors. Scrivener notaries get their name from the
Worshipful Company of Scriveners The Worshipful Company of Scriveners is an ancient Livery Company of the City of London. Originally known as the ''Mysterie of the Writers of the Court Letter'' and, since its incorporation, as the ''Master Wardens and Assistants of the Company ...
. Until 1999, when they lost this monopoly, they were the only notaries permitted to practise in the
City of London The City of London, also known as ''the City'', is a Ceremonial counties of England, ceremonial county and Districts of England, local government district with City status in the United Kingdom, city status in England. It is the Old town, his ...
. They used not to have to first qualify as solicitors, but they had knowledge of foreign laws and languages. Currently to qualify as a notary public in England and Wales it is necessary to have earned a law degree or qualified as a solicitor or barrister in the past five years, and then to take a two-year distance-learning course styled the Postgraduate Diploma in Notarial Practice. At the same time, any applicant must also gain practical experience. The few who go on to become scrivener notaries require further study of two foreign languages and foreign law and a two-year mentorship under an active scrivener notary. The other notaries in England are either ecclesiastical notaries whose functions are limited to the affairs of the
Church of England The Church of England (C of E) is the State religion#State churches, established List of Christian denominations, Christian church in England and the Crown Dependencies. It is the mother church of the Anglicanism, Anglican Christian tradition, ...
or other qualified persons who are not trained as solicitors or barristers but satisfy the Master of the Faculties of the
Archbishop of Canterbury The archbishop of Canterbury is the senior bishop and a principal leader of the Church of England, the Primus inter pares, ceremonial head of the worldwide Anglican Communion and the bishop of the diocese of Canterbury. The first archbishop ...
that they possess an adequate understanding of the law. Both the latter two categories are required to pass examinations set by the Master of Faculties. The regulation of notaries was modernised by section 57 of the
Courts and Legal Services Act 1990 The Courts and Legal Services Act 1990 (c. 41) was an Acts of Parliament in the United Kingdom, act of the Parliament of the United Kingdom that reformed the legal profession and courts of England and Wales. The act was the culmination of a series ...
. Notarial services generally include: * attesting the signature and execution of documents * authenticating the execution of documents * authenticating the contents of documents * administration of oaths and declarations * drawing up or noting (and extending) protests of happenings to ships, crews and cargoes * presenting bills of exchange for acceptance and payment, noting and protesting bills in cases of dishonour and preparing acts of honour * attending upon the drawing up of bonds * drawing mercantile documents, deeds, sales or purchases of property, and wills in English and (via translation), in foreign languages for use in Britain, the Commonwealth and other foreign countries * providing documents to deal with the administration of the estate of people who are abroad, or own property abroad * authenticating personal documents and information for immigration or emigration purposes, or to apply to marry, divorce, adopt children or to work abroad * verification of translations from foreign languages to English and vice versa * taking evidence in England and Wales as a commissioner for oaths for foreign courts * provision of notarial copies * preparing and witnessing powers of attorney, corporate records, contracts for use in Britain or overseas * authenticating company and business documents and transactions * international Internet domain name transfers


Scotland

Notaries public have existed in Scotland since the 13th century and developed as a distinct element of the Scottish legal profession. Those who wish to practice as a notary must petition the
Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...
. This petition is usually presented at the same time as a petition to practice as a solicitor, but can sometimes be earlier or later. However, to qualify, a notary must hold a current Practising Certificate from the
Law Society of Scotland The Law Society of Scotland () is the professional governing body for Scottish solicitors. Its goal is to promote excellence among solicitors through the support and regulation of its members. It is also committed to promoting the interests ...
, a new requirement from 2007, before which all Scottish solicitors were automatically notaries. Whilst notaries in Scotland are always solicitors, the profession remains separate in that there are additional rules and regulations governing notaries and it is possible to be a solicitor, but not a notary. Since 2007 an additional Practising Certificate is required, so now most, but not all, solicitors in Scotland are notaries – a significant difference from the English profession. They are also separate from notaries in other
jurisdictions Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels ...
of the United Kingdom. The profession is administered by the Council of the Law Society of Scotland under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. In Scotland, the duties and services provided by the notary are similar to England and Wales, although they are needed for some declarations in divorce matters for which they are not in England. Their role declined following the Law Agents (Scotland) Amendment Act 1896 which stipulated only enrolled law agents could become notaries and the Conveyancing (Scotland) Act 1924 which extended notarial execution to law agents. The primary functions of a Scottish notary are: * oaths, affidavits, and affirmations * affidavits in undefended divorces and for matrimonial homes * maritime protests * execution or certification for foreign jurisdictions, e.g., estates, court actions, powers of attorney, etc. * notarial execution for the blind or illiterate * entry of a person to overseas territories * completion of the documentation required for the registration of a company in certain foreign jurisdictions; and * drawing for repayment of Bonds of Debenture


United States


Civil law jurisdictions

The role of notaries in civil law countries is much greater than in
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
countries. Civilian notaries are full-time lawyers and holders of a public office who routinely undertake non-contentious transactional work done in common law countries by attorneys/solicitors, as well as, in some countries, those of government registries, title offices, and public recorders. The qualifications imposed by civil law countries are much greater, requiring generally an undergraduate law degree, a graduate degree in notarial law and practice, three or more years of practical training ("articles") under an established notary, and the sitting of a national examination, to be admitted to practice. Typically, notaries work in private practice and earn fees, but a small minority of countries have salaried public service (or "government" / "state") notaries (e.g.,
Ukraine Ukraine is a country in Eastern Europe. It is the List of European countries by area, second-largest country in Europe after Russia, which Russia–Ukraine border, borders it to the east and northeast. Ukraine also borders Belarus to the nor ...
,
Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
,
Baden-Württemberg Baden-Württemberg ( ; ), commonly shortened to BW or BaWü, is a states of Germany, German state () in Southwest Germany, east of the Rhine, which forms the southern part of Germany's western border with France. With more than 11.07 million i ...
in
Germany Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...
(until 2017), certain cantons of
Switzerland Switzerland, officially the Swiss Confederation, is a landlocked country located in west-central Europe. It is bordered by Italy to the south, France to the west, Germany to the north, and Austria and Liechtenstein to the east. Switzerland ...
, and Portugal). Notaries in civil law countries have had a critical historical role in providing archives. A considerable amount of historical data of tremendous value is available in France, Spain and Italy thanks to notarial minutes, contracts and conveyances, some of great antiquity which have survived in spite of losses, deterioration and willful destruction. Civil law notaries have jurisdiction over strictly non-contentious domestic civil-private law in the areas of property law, family law, agency, wills and succession, and company formation. The point to which a country's notarial profession monopolizes these areas can vary greatly. On one extreme is France (and French-derived systems) which statutorily give notaries a monopoly over their reserved areas of practice, as opposed to
Austria Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Aust ...
where there is no discernible monopoly whatsoever and notaries are in direct competition with attorneys/solicitors. In the few United States jurisdictions where trained notaries are allowed (such as
Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...
and
Puerto Rico ; abbreviated PR), officially the Commonwealth of Puerto Rico, is a Government of Puerto Rico, self-governing Caribbean Geography of Puerto Rico, archipelago and island organized as an Territories of the United States, unincorporated territo ...
), the practice of these legal practitioners is limited to legal advice on purely non-contentious matters that fall within the purview of a notary's reserved areas of practice.


Notable notaries

Upon the death of President
Warren G. Harding Warren Gamaliel Harding (November 2, 1865 – August 2, 1923) was the 29th president of the United States, serving from 1921 until his death in 1923. A member of the Republican Party (United States), Republican Party, he was one of the most ...
in 1923,
Calvin Coolidge Calvin Coolidge (born John Calvin Coolidge Jr.; ; July 4, 1872January 5, 1933) was the 30th president of the United States, serving from 1923 to 1929. A Republican Party (United States), Republican lawyer from Massachusetts, he previously ...
was sworn in as president by his father, John Calvin Coolidge, Sr., a
Vermont Vermont () is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, New Hampshire to the east, New York (state), New York to the west, and the Provinces and territories of Ca ...
notary public. As there was some controversy as to whether a state notary public had the authority to administer the presidential oath of office, Coolidge took the oath, again, upon returning to Washington.


See also

*Articles about common notarial certificates (varies by jurisdiction): **
Acknowledgment (law) In law, an acknowledgment is a declaration or avowal of one's own act, used to authenticate legal instruments, which may give the instrument legal validity, and works to prevent the recording of false instruments or fraudulent executions. Acknowledg ...
* Commissioner of deeds **
Copy certification A certified copy is a copy (often a photocopy) of a primary document that has on it an endorsement or certificate that it is a true copy of the primary document. It does not certify that the primary document is genuine, only that it is a true ...
**
Jurat The ''jurats'' () are lay people in Guernsey and Jersey who act as judges of fact rather than law, though they preside over land conveyances and liquor licensing. In Alderney, however, the jurats are judges of both fact and law (assisted by thei ...
* eNotary *
Lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
*
Legalization Legalization is the process of removing a law, legal prohibition against something which is currently not legal. Legalization is a process often applied to what are regarded, by those working towards legalization, as victimless crimes, of which ...
* Peace Commissioner * Justice of the Peace *
Medallion signature guarantee In the United States, a medallion signature guarantee is a special signature guarantee used primarily when a client transfers or sells US securities. It is an assurance by the financial institution granting the guarantee that the signature on the ...


References


Further reading

; Australia * Peter Zablud. ''A Notary's Forms and Precedents''. Melbourne: Psophidian, 2002. * Peter Zablud. ''Principles of Notarial Practice''. Melbourne: Psophidian, 2005. * Peter Zablud. ''Notarizing for international use: a guide for American notaries, attorneys and public officials''. Melbourne: Notary Press, 2012. ; England & Wales * A. G. Dunford. ''The Provincial Notary'', 3rd edn. Originally by G. E. Delafield. Ipswich: Notaries' Society, 1991. * A. G. Dunford. ''The General Notary'', 2nd edn. Woodbridge: Notaries' Society, 2004. * A. G. Dunford. ''The notary and the company: a guide for notaries''. Woodbridge: Notaries' Society, 2002. * Nigel P. Ready. ''Brooke's Notary'', 14th edn. London: Sweet & Maxwell, 2013. ; India * S. K. Sarvaria. ''Law relating to notaries: commentary on the Notaries Act, 1952 and Notaries rules, 1956 along with relevant statutes'', 2nd edn. Gurgaon, Haryana: LexisNexis, 2016 (1st 2009). ; Ireland * E. Rory O'Connor. ''The Irish Notary''. Abingdon, Oxon: Professional Books, 1987. * E. Rory O'Connor & Eamonn G. Hall. ''O'Connor's The Irish notary: supplement''. Dublin: Faculty of Notaries Public in Ireland, 2007. ; South Africa * M. J. Lowe et al. ''Elliott: The South African Notary'', 6th edn. Cape Town: Juta, 1987 (reprint 1995). * Frans van der Merwe. ''Notarial Practice / Notariële praktyk'', 2nd edn. Durban: Butterworths, 2001.


External links


The Society of Notaries of New South Wales Inc. (AUS)The Society of Notaries of Victoria Inc. (AUS)The Society of Notaries of Queensland Inc. (AUS)The Notaries Society (UK)The Society of Scrivener Notaries (UK)The Faculty of Notaries Public in IrelandThe Society of Notaries Public of BC (Canada)Colorado Notary Blog's notary history section

Archived
has a collection of articles on notary history, including Ancient Egypt, Phoenicia, Babylonia, Rome, Greece, medieval Europe, the Renaissance, Columbus, Spanish Conquistadors, French Louisiana, New England colonial notaries, Republic of Texas notaries and Colorado Old West notaries. {{DEFAULTSORT:Notary Public Identity documents Legal professions Notary * he:נוטריון