Editing Notary public (section)

====England and Wales====

After the passage of the [[Ecclesiastical Licences Act 1533]], which was a direct result of the [[English Reformation|Reformation in England]], 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]].

In [[England and Wales]] there are two main classes of notaries: general notaries and scrivener notaries. Their functions are almost identical. All notaries, like [[solicitor]]s, [[barrister]]s, [[legal executive]]s, [[costs lawyer]]s and [[licensed conveyancer]]s, are also '''commissioners for oaths'''. They also acquire the same powers as [[solicitor]]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.<ref>[http://www.thenotariessociety.org.uk/public_statement.asp The Notaries Society] {{webarchive|url=https://web.archive.org/web/20090919094558/http://www.thenotariessociety.org.uk/public_statement.asp |date=19 September 2009 }} (England & Wales)</ref>

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]]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.<ref>{{cite web|url=http://www.notarypublicnorthlondon.co.uk/|title=Notary Public North London, Borehamwood, Barnet, North Finchley|access-date=14 June 2016|url-status=live|archive-url=https://web.archive.org/web/20160625135032/http://www.notarypublicnorthlondon.co.uk/|archive-date=25 June 2016}}</ref> 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]]. Until 1999, when they lost this monopoly, they were the only notaries permitted to practise in the [[City of London]]. 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]] or other qualified persons who are not trained as solicitors or barristers but satisfy the [[Master of the Faculties]] of the [[Archbishop of Canterbury]] 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]].

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