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A
Notary or Notary Public is a person, often in England and Wales a Solicitor,
having through additional qualifications and training been granted the
capacity and power to act in legal transactions most frequently associated
with foreign jurisdictions. The education, training, and appointment of
candidates is supervised by the Master of the Court of Faculties. Following
admission the Master regulates the professional practice of all Notaries
and issues an annual Practising Certificate. The qualification of a Notary
is internationally recognised. The acts of the Notary have special evidential
status and weight abroad. The Notary often acts in a way that bridges
any differences between the legal system of one nation with that of another
so as to give lawful effect to transactions arranged amongst parties separated
by distance and time.
Notaries
create records and preserve evidence of activities, agreements, transactions,
and events. These processes are carried out for an individuals own purposes;
between parties to a transaction for their joint needs; to satisfy the
requirements of a public or judicial authority outside England and Wales;
or as evidence for use in a foreign Court of Law. A Notary can also act
as a Commissioner for Oaths.
Routine
legal transactions within England and Wales will not usually involve Notarial
Services but a Notary may be asked to verify facts in some specialist
banking and shipping dealings. Individuals and organisations in England
and Wales usually only require a Notary in connection with legal services
abroad arranged or to be transacted from here. An individual may need
a Notary to assist in the formalities concerning the acquisition, management,
or disposal of property abroad; in relation to marriage in a different
jurisdiction; in dealing with the Estate of a deceased family member with
foreign assets; or perhaps in connection with litigation in another country.
Organisations may well have commercial and mercantile transactions to
set up and conduct abroad; foreign trading disputes to arbitrate or litigate;
patents, copyrights, and trademarks to record and internationally protect;
or perhaps need business documents vouched in order to satisfy foreign
government trading or fiscal requirements.
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Philip
J Price being a qualified member of the legal profession and appointed
by the Court of Faculties as a Notary Public is entitled to act on behalf
of either or both parties in relation to any of the following matters.
- Attesting
execution of documents
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Providing certificates certifying the genuineness of copy documents,
signatures
and execution of documents -
Taking declarations, Affidavits, Oaths and Acknowledgments
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Preparing Powers of Attorney
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Dealing with foreign probates
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Dispute resolution and the recording of private and commercial agreements
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Witnessing / attesting events and transactions
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Following
the engagement of a Notary or Notary Public quite what is involved will
depend upon the particular transaction. There are some common identifying
features. The Notary will personally attend his client; determine needs
and requirements; establish identity and legal capacity; consider any
documents already prepared or create those appropriate to the transaction;
supervise the signing and witnessing of documents; administer any relevant
supporting oath or statutory declaration; countersign in his own name
and apply his seal as required and where called for arrange for his signature
and seal to be verified by the Foreign and Commonwealth Office and any
Consular Office. The Notary records all aspects of the transaction in
his Register and keeps copies of all papers for future reference.
The
Master of the Court of Faculties has directed that a Notary should give
an indication of fees before commencing any work. An individual cost estimate
is given in advance. Where it can seen that in order to complete instructions,
there will be an outlay with others, details of those expenses are also
given. Where possible the full cost of the service is agreed beforehand
so that it is known at the outset what the charges will be.
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Philip J. Price, Notary Public, Solicitor.
Practising from the offices of A.H. Sutcliffe & Co.
22, Drake Street, Rochdale, Lancashire. OL16 1TE
Tel: +44 (0) 1706 649578
Fax: +44 (0) 1706 357284
Mobile: +44 (0)7746 150055
E-mail: notary@pj-price.co.uk
Website: www.pj-price.co.uk | |