A-Z GUIDE TO NOTARIES

• Advice: Notarial services are not limited to Notarisation and Translation. Advice is available on all aspects of international documentation and specialist advice is available in relation to property investment, inheritance, offshore trusts and related tax planning.
• ABA: American Bar Association Bill Kennair is an Associate Member in connection with the international elaboration of a techno-legal system for signature authentication by computer
• Annexing: Manual system of binding multi-page documents together to create tamper-proof notarisation, using eyelets, ribbons, and seals.
• Apostille: Specific form of Legalization originally created by the Convention of 5th October 1961 of the Hague Conference on Private International Law. See our table for countries to which this Convention applies.
• Authenticity (also known as public faith): special status granted by civil law countries to notarial acts. Greatly improves admission of documents in evidence and now expressly recognised by the Brussels, San-Sebastian and Lugano Conventions on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters (Sec 50).
• Ballot: Selection at random of successful applications in oversubscribed new share issues carried out by a notary to ensure impartiality.
• Bill of Exchange: Negotiable instrument of declining importance in trade finance but dishonoured (unpaid) bills of exchange are still noted and protested by notaries.
• CELAW: European Economic Interest Grouping of which we are members. Its membership covers most of the EU and those members in turn have overseas offices and affiliations in numerous other countries, e.g. Eastern Europe, Arabian Gulf, Vietnam.
• Certificate: Core function of a Notary - to issue certificates attesting to facts witnessed by or proved to him and attested under his signature and Seal.
• Commissioner for Oaths: All English notaries have the powers of a Commissioner for Oaths.
• Computer & Quill: The mark of our commitment to a technical and quality approach to the traditional functions of Notaries.
• Convenience (flag of): Much of world shipping is flagged in user friendly Jurisdictions, e.g. Panama, Liberia. Purchase, sale and financing transactions usually require some documentation to be notarised.
• Deadline: A very common element attached to client instructions.
• Destruction: Incineration or pulping, in the presence of a notary (who may also do pre-listing) of redeemed bearer bonds, usually of international loans.
• Draft: Notaries prepare many varieties of legal documents and in different languages. Our basic precedent database contains precedents in English, French, Spanish, German, Portuguese and Italian. Other languages are to be added.
• Drawing: Selection at random by a notary, for recordal in a Certificate, of bearer or registered bonds, usually of international loans.
• Escritura: Spanish (or Portuguese) word popularly believed to mean title deed to real property but actually only means an instrument in writing.
• Expert: Notaries act as expert witness in the fields of their competence, especially Notarising; Translations; Overseas Property.
• Eyelet: Metal ring used in annexing.
• Faculty Office: Regulatory Body for all notaries practising in England and Wales. Current Rule structure covers essentially similar ground to solicitors and accountants, i.e. ethical practice, client moneys, discipline as well as training and admission.
• Foreign Element: If you are involved in a project with a foreign element we will advise you, usually without charge, whether you are likely to need our services.
• Foreign Office: UK mainland monopoly provider of Apostille Legalisation and also needed for many non-Apostille countries.
• Forum: The UK Notarial Forum, formed in 1993, provides a contact group for all mainland UK Notaries and has observers from UK offshore jurisdictions, and the Republic of Ireland.
• General Notary: Notaries Public in England and Wales, who are not Scrivener Notaries. They are usually solicitors, though this is not a requirement.
• Holograph: Form of Will recognised in many civil law jurisdictions (and Scotland) written out entirely in the testator's handwriting, dated and signed but not witnessed. Frequently used, with our Advice, for UK residents and nationals owning property in France.
• Human Resources: See Migration.
• Identification: All signatories must be identified personally (by production of original Passport). Certificates involving a single signatory and/or an officer who is not either a Director or the Company Secretary and/or an non-English Company can require detailed and complex investigation. Our on-line search facility for English Companies now enable us to issue Certificates for companies much more efficiently.
• Inheritance: A fast growing area of notarial practice because of large-scale inward migration, increasing internationalisation of the labour market and major investment in Overseas property. Expertise is available in Advice, Drafting, Notarisation and Translation.
• Jargon: This glossary aims to make notaries more understandable and user friendly. If we have not explained some notarial jargon either clearly or at all let us know; why not contact us : send an e-mail to Bill Kennair
• Knowledge: The firm of John Venn & Sons has been around for more than two hundred years, so we think we have accumulated quite a lot!
• Legalisation: The certification of a signature of a notary (but can be of others) by a consular or diplomatic authority. It is therefore less comprehensive than notarisation and never implies acceptance or approval of any words, statement, certificate or other document preceding the legalised signature. Legalisation (and Notarisation) requirements are dictated by detailled evidence rules of receiving jurisdictions and can vary according to the context of the transaction, e.g. affidavits for litigation; land registration; filing of patents and trade marks; company registration; tendering.
• London: Special training and regulations apply to notaries practising in Central London. This largely accounts the very high regard shown internationally for Scrivener notaries.
• Migration: Persons posted to foreign countries frequently need personal, educational and corporate documents notarised and/or translated to obtain residence and/or work permits. .
• Money-laundering: Notaries are within the scope of UK money-laundering regulations.
• Notarisation: Really an American term for "notarially certify" but Notarise looks to have won this North Atlantic verbal battle. This means the act by a notary of certifying a signature or issuing a Certificate (see also Grade). There is no statutory restriction on what a notary is allowed to attest to but, in the UK, rules of court severely limit his internal usefulness. Uniformity within the EU is becoming a matter of priority and UK notaries particularly seek Authenticity status for their notarisations.
• Overseas Property: Because of their facility with foreign languages and training in civil law concepts the Scrivener notaries have been involved in multiple aspects of Advice, Drafting and Notarising for leisure, retirement and investment property transactions in foreign jurisdictions. France, Spain, Portugal and Switzerland are the most frequently involved jurisdictions.
• Passport: As a result of increasing fraud and the advent of money-laundering regulations this is the document almost always needed for individual Identification.
• Power of Attorney: If for use overseas, the document most frequently needing notarisation.
• Probate: Notaries have equal rights to solicitors to perform this service. In practice we actively seek instructions to act in re-sealing foreign probates in England and in assisting in the administration of UK estates containing foreign assets.
• Promises matter to us and are an integral part of our Commitment to Quality symbolised by our Computer & Quill motif.
• Protest: Form of Certificate used to record dishonour of Bill of Exchange.
• Protocol: Special form of register of notarial acts drawn up in the civil law "authentic" form. Also adopted on a voluntary basis by Scrivener Notaries.
• Quill: Obsolete writing instrument often associated with notaries, now adopted by us in the Computer & Quill symbol to highlight the extent to which we have changed to meet client needs.
• Quirk: Notaries are definitely not responsible for the rules and regulations which stipulate the need for notarisation but we are expert at easing the pain, let us take strain.
• Records: Notaries must keep extensive records (but not necessarily full copies) of all their Certificates and annexed documents, in some cases permanently. These are all private records available only to clients or under statutory exceptions.
• Reliance: The essence of Notarising is that third parties will in most circumstances rely on what the notary certifies. This is one reason that notarisation must be read and interpreted as legal documents to know their full and proper meaning.
• Ribbon: Essential part of annexing. Most lawyers use green but we use red for maximum effect in foreign countries.
• Scrivener: The profession of notary in the City of London is governed by a Livery Company (The Scriveners Company). The Scriveners set special training and qualifications rules under the aegis of the Faculty Office. This special syllabus covers property, trust and commercial aspects of English Law, parallel aspects of the law of one foreign country, translations from two languages into English and English into one foreign language. Traineeship lasts for 5 years and it has been usual for over 30 years to spend one year in a foreign country as part of training.
• Seal: Every notary has his own die-cast or embossed seal, usually containing a unique design or crest, the words "notary public" and his place of practice.
• Tariff: Notarial fees are unregulated, ours have changed only once since May 1992.
• Tender: Public works and commercial tendering overseas often includes complex legal requirements and the need for Notarisation and/or Legalisation We are expert interpreters of the legal element of tender jargon.
• Translation: One of the most important services traditionally provided by notaries. We are particularly committed to this technically difficult area of work.
• UINL: Short for Union Internationale du Notariat Latin or Latin Notaries, the world body for civil law notaries of  which Scrivener Notaries are full members, and the other UK professions have observer status.
• Underrated - What notaries feel about their value to the consumer and the commercial world. Notaries could be many times more useful to British trade and corporations generally if rules of evidence were modified to grant us "authenticity".
• Undertaking: Notaries have similar responsibilities to solicitors in relation to professional undertakings.
• Visit: Notaries do not only see clients at their office but also attend at client premises. This is on a fee basis but avoids management down-time.
• Wax: Skilful but messy way of annexing Certificates. Thankfully obsolete.
• X: We are “X”pert in all matters requiring notarial intervention!
• Yes: We will do everything in our power to meet your deadline.
• Zealous: Our hallmark in the pursuit of our clients' interests. Thankfully not obsolete.

For further information please contact:

Bill Kennair John Venn & Sons, 95 Aldwych , London, WC2B 4JF, UK

Tel: +44-20-7395-4300
Fax: +44-20-7395-4310

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