A notary public is a qualified lawyer who also has powers to certify and confirm facts and documents. A notary is subject to regulation by the Notaries Court of Faculties. All Notaries registered in Jersey can perform notarial acts in Jersey, but not elsewhere.
What is the notary public function?
Notaries specialise in administering oaths affirmations and authentication for international transactions and documentation for use abroad.
The notary’s work varies from certifying that company and business documents and transactions have been duly signed, to authenticating personal documents and information for immigration or emigration purposes, or to apply to marry or to work abroad. Notaries can provide authentication and a secure record for almost any kind of transaction, document or event.
What is a notarial certificate?
A notarial certificate provides a confirmation certification or authentication of some fact by a notary public. Frequent examples are to certify that copies are true copies of originals, both of which have been checked, or to witness the signature of a person or that a person has been duly appointed to a particular position and has authority to act.
What is the effect of a notarial act?
All notarial acts and instruments may be received in evidence without further proof as being duly authenticated in accordance with the requirements of law of the receiving jurisdiction, unless the contrary is proved. A notary will, therefore, take care to verify the contents of the document and check any facts and information necessary in order to be able to act in a reliable manner. Anyone receiving a notary’s document will assume that they have checked all the facts in it and taken the responsibility for them, unless they make it clear that this is not the case.
What is legalisation?
This is a certificate from an authority or diplomatic office to certify the notary public is, in fact, a notary public in Jersey. Documents requiring legalisation will be legalised by the Lieutenant Governor at the Passport Office in Jersey. Unless the recipient country accepts the apostille or they have no requirement for legalisation, the document may also need to be legalised by the London embassy or consulate of the recipient country.
Basic guide to legalisation requirements
- Countries which have been colonies or dependencies of GB – no legalisation.
- Countries which have been colonies or dependencies of other states or otherwise – full legalisation unless Apostille accepted.
- Countries which are parties to the Hague Convention – usually only Apostille required.
- Countries which adopted the Civil Code under Napoleon – usually require full legalisation unless Apostille accepted.
These are basic principles and there are exceptions –requirements country to country may change at short notice.