Blog - Janet Goode - Notary Public

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Follow my Blog here. Thoughts of a Notary and notarial hints and tips.

November 26, 2024

Need a Notary for your foreign power of attorney?

Your Notary can help you deal with a foreign power of attorney document. If you own assets overseas or have to conduct business yourself or for a friend or relative abroad, your overseas lawyer or representative may ask you to sign a power of attorney in this country granting them rights to act for you in the overseas country. This is a usual arrangement.

Your overseas lawyer should advise you on the terms and effect of the power of attorney and what your rights are in relation to the person acting as your attorney. They will send you a copy of the document and you will be asked to sign it in front of a Notary in the UK. It may not look like the legal documents you see in this country and this is because, in some countries, powers of attorney will be in public form. This is a particular style of document used in civil law jurisdictions, but not something we in the UK use. Your Notary is an expert in overseas documents and will know what needs to be done to execute the document.

The document must be completed in a specific way and signed by you and your Notary. It may need an Apostille or further legalisation before it can be sent back to your overseas lawyer. Your Notary can advise on this and arrange for the additional requirements to be completed.

The process will usually take between five and seven days from the date of your meeting with your Notary. If you have a deadline to meet, it is best to arrange a meeting with your Notary as soon as possible to ensure it is completed and back in the hands of your overseas lawyer in good time.

November 25, 2024

Careers as a Notary

Andrew Johnson, Notary Public in Canterbury, and I attended the University of Kent Legal Fayre recently to advise students on future careers as a Notary Public. Thanks to all who visited our stall and to the staff at Kent Law School for their organisation and buffet!

November 24, 2024

What is an Apostille?

You may be asked to obtain an Apostille on your document for use abroad. It may be referred to as legalisation. Unless you regularly deal with documents being used overseas, these will be unfamiliar terms, so let me explain.

The Apostille is the stamp of a designated body in each of the signatory states to the Hague Convention of 1961. In the UK this is the Foreign, Commonwealth and Development Office whose legalisation team are based in Milton Keynes. The Hague Convention states that if a document is signed by an official person, such as a court, Notary Public or a government registrar, and then approved by the designated body in that state, it can be recognised in any other member state. The Apostille is therefore the official stamp in the UK to approve the signatures of such official persons.

Your Notary can arrange to obtain the Apostille on your document once it has been notarised or signed by an official person. The process usually takes between five and seven days from your meeting with the notary. Some countries also require the document to be stamped by their own Embassy or Consulate in the UK and this can take longer, depending on the individual embassies or consulates.

Always ask your Notary to help with legalisation or getting the Apostille as they will be able to advise.

Notaries at the Justices Service at Rochester

Notaries, Andrew Johnson, Dudley Cramp and Janet Goode (far left), represented the profession in our scarlet robes at the Justices Service at Rochester Cathedral this autumn.

July 22, 2024

Notary in association with Hallett & Co

I’m delighted to announce my new association as an independent Notary Public with Hallett & Co, Solicitors. I shall be seeing my clients at their offices across mid Kent. Clients can find me at the office of Thorneloe & Co at The Square in Lenham, Maidstone on Mondays with Harriet and her lovely team.

I’m also seeing clients at Tenterden on a Thursday at EC-30.

July 1, 2024

Company Proof of Ownership for Europe

Companies that buy or sell goods across Europe and offer customers credit facilities or use large credit clearing houses are required to register in Europe for the use of those services. One of the requirements of such registration is that you have to produce a notarially certified proof of ultimate beneficial ownership. In complex corporations, a corporate family tree showing your ultimate shareholders helps.

If you are owned by a US company, depending on the state in which that company is registered, you may find that the public register does not show the ultimate beneficial ownership. Your notary can help you contact your ultimate parent company or US shareholders in order to provide ID to satisfy the anti-money laundering obligations in Europe.

Some companies have had difficulty with this. The US company ownership regime can be a great deal more discrete that in the UK and, as a result, some US shareholders are reluctant to disclose their interest in the company. This can be a disastrous block to companies being able to achieve credit status in Europe. A recent breakthrough with notarial documents has provided a welcome solution to this problem. In a number of cases, a notarial certificate issued by an English notary which verifies a declaration by the US attorney to the parent company confirming the beneficial ownership, has been accepted by the credit companies as proof of ultimate beneficial ownership. If you need this notary service, please contact your notary immediately as it can take some time.

June 11, 2024

Powers of Attorney to be notarised for Turkey

Please be aware that if you are signing a Power of Attorney for use in Turkey, you will be asked to attach a passport size photograph of yourself. The notarial services you will require include the Notary stamping his or her notarial stamp across the photograph for verification. Unfortunately, it is not possible to print and cut out a photograph taken on your phone, unless you print this out on proper photo quality paper. There have been instances where Powers of Attorney have been rejected because the photograph is not on proper photo paper. Please bear this in mind to avoid delay and disappointment.

June 4, 2024

Getting married in Greece?

Unlike some of its neighbours, Greek authorities will not accept a drafted single status declaration when you get married in Greece, either on the mainland or the islands. If you are getting married in Greece please ensure that you apply online at Gov.uk and your Local Registry Office for your Certificate of Non-Impediment. The certificate needs to be dated no more than 3 months prior to the date of your wedding but we would advise that you apply as soon as that period starts. The application process takes about a month and you will then need to get the Certificate of Non-Impediment Apostilled at the Foreign Commonwealth & Development Office which then takes a further week to 10 days. Please put this on your to-do list as soon as you get to the 3 month date prior to your wedding so that you receive these documents in good time before you need to fly out.

December 18, 2023

Getting married in the Dominican Republic?

Congratulations! In order for your day to go smoothly your wedding planner will have given you instructions for some paperwork that must be completed and Apostilled within 3 months prior to your wedding day. It can be confusing, but your notary can help.

You will each need to complete a single status declaration confirming you are free to marry. Your wedding planner may provide you with a template but, if not, your notary may have experience of drafting such a document and can provide it for you. This must be sworn in front of the notary. The declarations, together with your birth certificates and any previous decree absolute or deed poll, must be Apostilled at the Foreign, Commonwealth and Development Office, who will seal the document. Your notary can arrange this and return the documents to you.

The documents then need translating and certifying by the Dominican Republic Embassy in London. You can use a commercial translator or the Embassy can carry out both translation and certification services directly: https://www.dominicanembassy.org.uk/consular-services/marriage/. Clients have found that the documents can be dropped off and collected in person at the Embassy. They do accept documents by post, although please bear in mind the time factor if it is getting close to your dates of travel. I understand that collecting the documents needs to be done by you in person.

April 12, 2023

Getting married in Cyprus?

Some recent good news for couples getting married in Cyprus. Cyprus requires an Apostilled official copy of any previous decree absolute for those getting married following a previous divorce. The UK courts now issue their orders in pdf format but the Foreign, Commonwealth and Development Office (FCDO), which issues Apostilles in the UK, will only Apostille a court order with a wet signature or seal on it, not a printed version of a pdf. While these can be ordered from the court, they can take weeks to arrive. Until now this has proved to be an insurmountable problem for those getting married in Cyprus in the near future. However, a printed version of a pdf decree absolute, which I accompanied by a notarial certificate, was recently accepted by the marriage registrar in Cyprus. One happy couple and a possible breakthrough on the pdf court order front!