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.
Lastly, the notary public makes sure that the content in the document is correct and corresponds with what the parties want to achieve. This way, the parties are aware of the content of the document and their obligations.
For instance, in a contract where the amount or sum of money involved is high or it will put one party thereto at risk if the other party reneges on the agreement, it is recommended that such contract be notarized even if the law does not require its notarization in order to ensure that one party can enforce the agreement against the other and the interests of both parties over their agreement are secured.
Additionally, on-line notary services provide added flexibility by allowing remote document authentication through secure platforms.
On the other hand, a document not notarized will require that each statement therein be proven in a trial including the amount of money stated therein through receipts, and the capacity or authority of the parties to enter into such document or agreement through testifying in court.
It is always better to notarize a document to protect your rights and interests under the document. If you are unsure if the document should be notarized, it is better to err on the side of caution and proceed with its notarization.
Notary public is a trained lawyer that should pass some special examinations to be able to open their office and start their work.
Generally speaking, a notary public [...] may be described as an officer of the law [...] whose public office and duty it is to draw, attest or certify under his/her official seal deeds and other documents, including wills or other testamentary documents, conveyances of real and personal property and powers of attorney; to authenticate such documents under his signature and official seal in such a manner as to render them acceptable, as proof of the matters attested by him, to the judicial or other public authorities in the country where they are to be used, whether by means of issuing a notarial certificate as to the due execution of such documents or by drawing them in the form of public instruments; to keep a protocol containing originals of all instruments which he makes in the public form and to issue authentic copies of such instruments; to administer oaths and declarations for use in proceedings [.
The office of a public notary is a public office. It has a long and distinguished history. The office has its origin in the civil institutions of ancient Rome. Public officials, called scribae, that is to say, scribes, rose in rank from being mere recorders of facts and judicial proceedings, copiers and transcribers to a learned profession prominent in private and public affairs.
If the risk involved in a document is not significant, and there is no law that requires its notarization, the parties may opt not Notary Public to notarize such document.
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" (see above) (depending on the relevant foreign country) from the Department of Foreign Affairs and Trade.
Be advised: Not all states or entities allow remote on-line notarizations, so make sure the agency, company, or person receiving your notarized document will accept them.
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 notary public records the transaction in their notarial register which is a blue book that includes details about the parties, documents, and fees collected.