Notarial Services for Business

As a notary public I verify a legal document that is to be used in a foreign jurisdiction.

I have a duty to all parties to the transaction, but I am not directly involved in the transaction.

Rather, it is my role to help facilitate compliance with foreign law formalities, so that the document (or documents) being authenticated will work (be accepted) in the receiving jurisdiction.

Commercial clients that undertake transactions in other jurisdictions often will require the assistance of a notary public to facilitate the legal process. It is my role, as a Notary Public, to provide legal notarial assistance, to ensure that the document is legally compliant under English law, and will work in the foreign country.

My role is to confirm that a party has authority to act and been identified, to ensure that I am satisfied as to the meaning of a dual language document (if applicable), and to  confirm the authenticity of a legal document(s) for use abroad. 

Businesses that have an overseas presence or business dealings may need my assistance as a notary public.

There are a variety of circumstances where the services of a notary public are required, such as: in connection with setting up a new office; entering into a commercial contract; implementing a financial transaction; or dealing with import and export documentation. 

Commercial transactions with an international sale, transfer or purchase element may require notarial services, if a party with authority to sign is unable to travel abroad for completion. For example, a power of attorney maybe required to facilitate completion requirements overseas.  

My role is to undertake customer due diligence, so as to understand the control, management and ownership of the instructing business client, and to ensure the requisite authority has been granted, so I can verify the transaction. 

The foreign jurisdiction where the commercial act takes place may require documentation to be signed in the presence of a notary public and request a notarial certificate is attached.

Often there is a requirement that the documentation is sent to the Foreign Commonwealth and Development Office, for an apostille to be attached.

There may also be a requirement for legalisation by an embassy, depending on the particular requirements of the foreign jurisdiction.

As a notary public I can assist with the legal formalities and, if requested, the arrangements for submission to Foreign Commonwealth and Development Office, and if deemed a requirement, the appropriate embassy.

International business transactions tend to involve a power of attorney to facilitate the process.

This is where a ‘donor’, which is the commercial enterprise, appoints an individual in the receiving jurisdiction to act as an ‘attorney’ for the business, so as to assist with the completion formalities of a sale, transfer or purchase.  

The power of attorney needs to executed by the person with authority, and this person must be properly appointed to undertake the task.

It is my role as a notary to check that the requisite authorities have been granted before the power of attorney is signed. This means I will require disclosure of signed Board Meeting Minutes or Directors Written Resolution. 

The power of attorney will have been drafted by a foreign lawyer and is often in a foreign language.

As a notary public I must check the authenticity of the transaction, and part of this process is I have a legal duty to satisfy myself as to the understanding of the language contained within the power of attorney. This can involve the services of an official translator and liaising with the foreign lawyer who drafted the document, thus ensuring that the document is understood and will work abroad, prior to signature. 

A power of attorney may be used by any type of business entity, such as a sole trader, a partnership, a private limited company, a public limited company, a limited liability partnership, etc.  

I can provide my assistance by way of notarial attestation when a foreign transaction is being executed by a company with an authorised director (or secretary) acting.

I check that the person has been properly appointed, and has clear understanding of both the background and specific purpose of the documentation.

The appointed person then signs, in my presence, and I attest their signature and insert the date and venue of execution.

This provides evidence to a foreign jurisdiction that the proper checks have been carried out prior to execution, thus providing the requisite evidence of authenticity to the recipient abroad. 

As a notary public I can assist with producing a record that confirms all the directors of the Company have acted collectively, considered their fiduciary and statutory duties, complied with the Company’s constitution, and have correctly appointed an authorised signatory. 

Where there is a sole director acting on a transaction with a foreign element, a record of that individual’s decision-making process will need to be documented.

If required, I can assist with producing a record of this for the company.  

The records of a business entity may need to be certified as a copy by a notary public before they are submitted to a foreign entity.

The certified copies provide proof of a business’s existence, its financial standing and verification of those individuals who have been appointed.

Documentation that may need to be authenticated as a certified copy include, but are not limited to, board meeting minutes, written resolutions, financial reports, list of appointments etc.

Verification of someone’s identity is a fundamental role of a notary public.

A notary public has a duty to all parties to any act or transaction that proper identity checks of the Notary’s client have been completed.

When it is a business entity that is the client, rather than private individual, it is still a requirement to undertake verification of identification documentation.

This means the identity of appointed directors, secretary or other persons acting with authority, must be have their identity verified. 

The foreign recipient will be relying upon the verification to confirm that the transaction or act is authentic.

The foreign recipient may require certified copies of the identification verification that has been undertaken before me.

A foreign entity, that deals with a company registered with Companies House Direct, may require proof of the good standing of the particular company, before a transaction or act is entered into.

A certificate of good standing can be obtained from Companies House, and I can accompany this with a direct notarial certificate, if required.

In the circumstances where a foreign enterprise or entity requires more detail, which is verified on a particular date, then I can carry out further verification checks and produce a bespoke document. This details the particular specifications that the foreign body wants verified by a notary public on a specified date.   

Companies in England and Wales can go through many constitutional changes after incorporation, such as change of name, amendments to articles of association and director resolutions.

When undertaking an international business transaction or act a company is often required to provide official evidence to the foreign recipient of changes made or resolutions passed.

As a notary public I check the constitutional changes and all appointments, these are then documented and presented in a legal format to the foreign recipient.

I can produce a direct notarial certificate signed by me, as evidence that the changes made and implemented by the company have been verified for authenticity. 

A foreign recipient to a business transaction with an English or Welsh registered company, LLP or other trading entity may require business contracts and legal business formation documentation to be notarised.

I can assist by notarising a whole range of business documentation, including:

commercial contracts;

commercial mortgages for international finance;

intellectual property rights, patents, and trademarks;

certificate of incorporation;

memorandum of association;

articles of association;

LLP members agreement;

partnership agreement. 

I extract documentation from a number of relevant sources depending on the circumstances of the entity. Sources include, Companies House online, the members of an LLP, the partners of a partnership.

With regards to businesses listed at Companies House, I always check to confirm no recent amendments have been implemented, but not yet filed.

If requested, I can produce a direct notarial certificate, documenting these items in a chronological order, so a clear record of documentation, that has been verified, is presented to the business entity in the receiving jurisdiction. 

International business matters can sometime be contentious, which can mean the involvement of a court or tribunal processes in a foreign jurisdiction.

There may be a requirement for a relevant person within a business entity to provide an affidavit, make a statutory declaration, disclose a sworn statement by way of an oath or affirmation.

I can provide my legal assistance with ensuring that the individual undertakes the task required in the correct format and adheres to the legal formalities.