Blogs

by Megan Diamond 20 Aug, 2019
I have noticed a sharp increase in people coming to me with documents for use in the United States of America.

Unfortunately there is no general consensus as to what is required; it varies state by state. However, documents signed by an English Notary are perfectly acceptable in the USA. Some states may require for the document(s) to have an apostille attached by the FCO; usually the US lawyer will make this known to you.

It is also common practice in some states that documents be signed in blue ink, which goes against the tradition of blank ink only. Once again, the US lawyer will make this known. 

Sometimes there is a requirement for there to be two witnesses, plus the Notary Public, to a document. This is common in Florida.  

US documents can often state they require the Notary Public's commission expiry date to be inserted. In England, we do not have commission dates like in the US. Some English Notary Public's state 'my commission expires on death', however this is sometimes isn't accepted in the US as they are used to seeing a specific date. Therefore, I commonly use my practising certificate expiry date. 

The most common features in US documents which I come across are;

Oaths - This is where you appear before the Notary Public, they identify you (by way of passport, driving licence etc.) and then you swear on the relevant religious book that the contents of the document are true. 

Affirmation - This is similar to the above, however it is administered in a non-religious manner as there will be no religious book.

Acknowledgements - This is where you appear before the Notary Public, they identify you (by way of passport, driving licence etc.) and then declare that you have signed the document voluntarily. The Notary Public will check that you fully understand the document and are happy to sign. The Notary Public may say 'Do you acknowledge that this is your signature and that you are executing it of your own free will?' An Acknowledgment is typically required on documents relating to property (mortgage deed, contract, warranty deeds etc.) 

Court Hearings - I have had to swear/ affirm several people in to court hearings in various states in the US as they are unable to attend the hearing. These can be by way of video call, telephone etc. You will have to appear before the Notary Public, who will identify you and check you are happy to proceed. You will be asked to raise your right hand, swear or affirm that the testimony you will give will be the truth, the whole truth and nothing but the truth. The Notary Public may also be required by the US Court to produce a Notarial Certificate confirming what they did and what identification documents they inspected. 

If you have any queries, or would like a no-obligation chat about your requirements, please feel free to contact me.

 
by Megan Diamond 29 May, 2019
I have noticed a vast increase in people requiring their degree or other educational certificates (A-Level, TEFL etc.) to be notarised for use abroad. Some countries also require other certificates such as police checks and CRB. Usually you will be provided with a list of documents which need notarising. It is also worthwhile checking if they need an apostille or need legalising (this will depend on the country in question). 

There are two options which I can provide for such certificates; authentication or certification. 

Authentication is whereby I would check the origin of the document by liaising with the institution who produced the document and then authenticate that the document is true. Certification of  such a certificate is where a true copy of an original is produced before me, without the authenticity verified. Regardless of which option you chose, I would either attest a certificate directly on the document, or attach a separate certificate.

If you need a degree certificate or other educational certificate for use abroad, please do not hesitate to contact me for a no obligation chat.

I am a Notary Public offering full range of Notarial services at offices throughout Lancashire.

Appointments can also be made throughout Lancashire, Sefton and the wider North West at a location suitable to you.
by Megan Diamond 24 May, 2019
I am often asked to certify copies of birth, marriage and death certificates issued in England and Wales. What many people are not aware of is that they are subject to crown copyright. This means that they cannot be reproduced, photocopied or scanned. Due to lack of awareness, lots of people freely photocopy and certify them as copies of the original. If you look at a death certificate for example, at the top of the certificate it states it is a 'certified copy'. If you look towards the bottom of the certificate, you will see that there is a copyright logo and that it is subject to crown copyright. Therefore, if you photocopy and certify a death certificate, you are actually certifying a certified copy of a death certificate without seeing the original. 

Depending on which country the certificate is needed in, it may be that you can send the original. You can also obtain an apostille from the FCO to be attached to the certificate which confirms the registrars signature. Another option is for a Notary to obtain a copy of the certificate from the GRO and attach their notarial attestation to the certificate.

If you need an English and Welsh birth, marriage or death certificate for use abroad, please do not hesitate to contact me for a no obligation chat.

I am a Notary Public offering full range of Notarial services at offices throughout Lancashire.

Appointments can also be made throughout Lancashire, Sefton and the wider North West at a location suitable to you.

by Megan Diamond 16 May, 2019
Are you getting married abroad this summer? Foreign countries have different rules about the documents which you are required to produce to prove who you are and your right to marry or enter a civil partnership. If you have a wedding planner in the foreign country, they will be able to assist with what the specific requirements are. Many of the documents you are required to produce will need to be verified or certified, and could potentially also need to be apostilled by the Foreign Commonwealth Office or (depending on the country) may also need to be legalised at the Consular for the county where you are getting married. This process will need to be completed before you head to the country you are getting married in. Some countries also require such documents to be done within a certain timeframe (i.e. 30 days in advance, 3 months in advance etc.). 

The documents you need to provide will differ from country to country, however the most common requests are for; certified identification (passport, driving licence, proof of residence etc.), birth certificate, decree absolute etc. Some countries may require you to do a declaration where you declare that there are no legal impediments to your marriage; you may also be required to execute a power of attorney allowing your wedding planner to submit and service notice of your intention to marry in the said country. 

If you are planning on getting married abroad this summer, please do not hesitate to contact me for a no obligation chat.
by Megan Diamond 22 Mar, 2019
If a child is travelling without both their parents this Easter holiday, you may need a notarised travel consent form. Please feel free to get in touch for a no obligation chat.
by Megan Diamond 19 Mar, 2019
I receive numerous calls from clients who are overwhelmed and have no idea what a Notary Public does and whether they need one. I hope this article provides some guidance and clarity. If you have any queries, or are still unsure, please contact me for a no-obligation chat. I am based in Preston, but also provide services in West Lancashire and Merseyside areas
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