Shaun Ryan

Notary Public

Notary Public

Notaries’ 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 Jersey, the Commonwealth and other foreign countries • providing documents to deal with the administration of the estate of people who are abroad, or owning 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 Jersey as a Commissioner for Oaths for foreign courts • provision of notarial copies • preparing and witnessing powers of attorney, corporate records, contracts for use in Jersey or overseas • authenticating company and business documents and transactions • international Internet domain name transfers. Jersey notaries are appointed Royal authority by the Queen through the office of The Archbishop of Canterbury acting through the Master of the Faculties. A Jersey notary’s Faculty of Office is signed by the Registrar of the Master of Faculties and by The Clerk of the Crown in Chancery and registered in the Office of the Crown Chancery. Hence, a Jersey notary is entitled to claim in his/her certificates to be acting by Royal Authority. Most are Advocates or solicitors (either Jersey or English), but the overall number of lawyers who choose to become a notary is relatively low. Historically there have been some very rare examples of non lawyers being appointed, but this has now ceased. The Notaries (Jersey and Guernsey) Admission Order 2012 now governs the admission of notaries in Jersey. A prospective notary must pass an examination in notarial practice and must show that they have been practising during the period immediately prior to admission as a Jersey advocate or solicitor for a continuous of five years. The Master of the Faculties has discretion to admit suitably qualified persons who do not fit the aforesaid criteria. However, there are three significant differences between notaries and other lawyer: • Unlike solicitors and advocates who owe a duty to their clients and to the Royal Court a notary owes a duty to the transaction rather than to his client. The notary still has a duty in tort to the client to competently handle a matter. A notary has no duty to the Royal Court and is not regulated by The Jersey Law Society but by The Faculty Office of The Archbishop of Canterbury • In certain circumstances a notary may act for both parties to a transaction as long as there is no conflict between them and in such cases it his or her duty is to ensure that the transaction that they conclude is fair to both sides. The difference between a Notary and a Solicitor? • A notary will often need to place and complete a special clause onto or attach a special page (known as an eschatocol) to a document in order to make it valid for use overseas the parties • 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 Lt Governor represented at Maritime House by the passport office • A notary identifies himself or herself on documents by the use of his or her individual seal. Such seals have historical origins and are regarded by most other countries as of great importance for establishing the authenticity of a document. Their principal duties include: 1. attestation of documents and certification of their due execution for use in Jersey and internationally 2. preparation and certification of powers of attorney, wills, deeds, contracts and other legal documents and instruments for use in Jersey and internationally 3. administering of oaths for use in Jersey and internationally 4. witnessing affidavits, statutory declarations and other documents for use in Jersey and internationally 5. certification of copy documents for use Jersey and internationally 6. exemplification of official documents for use internationally 7. noting and protesting of bills of exchange 8. preparation of ships' protests 9. providing certificates as to Jersey law and legal practice 10. providing of legal opinions and certificates of fact. It is usual for Jersey notaries to use an embossed seal with a red wafer; some also use a red inked stamp that contains the notary's full name and the words "notary public". It is also common for the seal or stamp to include the notary's chosen logo or symbol. Jersey notaries do not hold "commissions" which can expire. Generally, once appointed they are authorized to act as a notary for life and can only be "struck off" the Roll of Notaries for proven misconduct.

FREE GUIDANCE

Jersey Company Formation
Shareholders Agreement
Partnership Agreement
Reduction Of Share Capital
Transfer Agreement
Trade Mark Registration

DO I NEED A NOTARY?

Most documents of a legal nature that are to be sent abroad need to be notarised. If you have been told that a document needs to be notarised, you will need to engage the services of a notary public. Solicitors and barristers are not authorised to notarise documents