What is a Notary Public?
Notaries Public play an important legal role in Scottish life, for instance where the legal validity of a document requires the swearing of an oath and where certified copies are required.
Only Solicitors in possession of a practising certificate can act as Notaries in Scotland.
The Law Society of Scotland admits Notaries Public in Scotland and is responsible for their registration. They provide Notary Public Guidance and can assist if there is a need to find a Notary in Scotland.
Quill Legal act as Notaries in Edinburgh but also in surrounding towns from Bonnyrigg to Broxburn and from Dalmeny to Danderhall. If you require our notary services in Edinburgh or elsewhere please contact us to make an appointment.
Why might I need a Notary Public?
There are a variety of circumstances when you might need a notarial service and the following are some of them :
- If you are asked to take an oath or to affirm or to sign an affidavit, you will often have to do so in the presence of a Notary Public
- Documents that require legal validity in foreign jurisdictions will often have to be executed or certified in the presence of a Notary Public, for example when there is to be a purchase of property abroad
- Notaries may play an important role in helping those who are not able to read or to sign documents themselves, for instance this might include clients who are blind. When a document is signed by a Notary Public on behalf of another person this is referred to as notarial execution in Scotland
- A Notary Public may be required to authenticate personal documents for immigration or emigration purposes or when someone is applying to get married or to work overseas
- Notaries Public may authenticate foreign wills and provide documents to deal with the administration of the estates of people who are abroad, or own property abroad
- Permissions for children to travel abroad may be attested by a Notary Public
- Statutory declarations for instance as to change of name may be signed in the presence of a Notary Public
- Certain copies of original documents require to be certified as true and this can be attended to by a Notary Public, one example being academic qualifications.
Kay at Quill Legal Notary Public Edinburgh would be happy to assist you with any of these requirements.
Contact us to make an appointment.
What is an Apostille and what is legalisation?
Certain documents for use abroad require the signature and seal of the Notary Public to be legalised by the Foreign and Commonwealth Office.
This means that the signature and seal have to be authenticated and applies to countries which are parties to the Hague Convention on the Legalisation of Foreign Documents. In such cases the Foreign and Commonwealth Office adds a certificate called an Apostille to the documents.
Notaries Public can apply to have their signature and seal authenticated by the Foreign and Commonwealth Office to ensure that an Apostille is available when required.
Quill Legal Partner Kay Blaikie has had her seal and signature so authenticated.
Some countries require further authentication by the consulate of the receiving jurisdiction. Legalisation requirements are determined only by the country where the document is going, not by the United Kingdom government.
Documents going to countries which are, or have been, part of the British Commonwealth seldom need legalisation nor, currently do documents going to many parts of the United States of America.
Identification required when seeing a Notary Public
Legal documents may require the incorporation of a declaration by the Notary Public that they are satisfied about the identity of the person who requires the documents to be notarised.
Personal attendance with the documents is needed, together with proof of identity; this will provide compliance with the anti-money laundering regulations.
Two forms of identification are necessary; one must be photographic and the second must establish your address and be dated within the last three months.
How much does a Notary Public cost?
The services of a Notary Public in Edinburgh cost: the fees of the Notary Public and any outlays such as the dues payable to the Foreign and Commonwealth Office for an Apostille or the charge made by HEDD, the United Kingdom’s Higher Education official service for candidate verification and university authentication.
|Drafting Affidavit, Declaration, Certificate or other short documents*||£110|
|Assistance obtaining Apostille from Foreign and Commonwealth Office**||£60|
|Certifying copies of documents as true copies - fees for each copy||£30|
|Initiating verification of degree with Higher Education Degree Datacheck||£40|
*If advice or more complicated drafting is required there would be a further charge at the rate of no more than £180 an hour.
**Fees do not include postage or the cost of the Apostille, currently £30
The Notary Public may require a certified translation or may require a qualified translator to be present at any meeting with you. In addition the Notary Public will have to be certain that you understand each other, despite the language difference and that you are clear about what effect the document will have when it has been signed.