UK Notaries Public – How they differ from US Notaries – Part 3

This is the third article in a series that details the differing notarial procedures in the United Kingdom compared to US Notary practices.

Article 1 dealt with: The professional status of Notaries Public, The qualifications required to practice as a Notary, and the US concept of a ‘commission‘.

Article 2 highlighted: Notarial duty of care, Legal protection and insurance for Notaries, and Notary fees

7. Identity verification required by UK Notaries

A Notary practicing in the United States is not required to take measures to corroborate either the identity or the authority of their notarial clients.  Further, when witnessing a signature or notarizing a document, US Notaries only require one item of identification.

A UK Notary must identify the individual with two forms of identification, both of which must comply with UK money laundering regulations.  A British Notary must also determine whether the intended signatory possesses the requisite authority to sign.  For example when a Director signs either for themselves or on behalf of a company, the Notary must ascertain their mandate for so doing.

Furthermore, a Notary is required to ensure that the document is executed in a manner required by the laws of England and Wales (e.g. power of attorney being signed in the presence of a witness as a deed)

8. Notarisation process

US notaries generally notarise a document with a rubber Notary stamp similar to those used by a bank or post office.

UK notaries use a steel stamp unique to their notarial practice.  See below for the official MD Pryke Notary Public seal:

Furthermore, most UK notaries will rivet the notarized document and tie with ribbon to ensure that it is secure.  This procedure ensures that no pages can be added or removed after notarization.

For more details on the different working practices between a UK Notary and their US equivalents please refer to other articles in this series, or else contact us via telephone, post or email.