"All notarial acts and instruments may be received in evidence without further proof as being duly authenticated in accordance with the requirements of law unless the contrary is proved".
Civil Procedure Rules - Rule 32.20
In keeping with today’s dynamic working environment and growing demand for convenient work practices, John Venn & Sons are able to offer clients the option of electronic notarisation (also referred to as remote notarisation and digital notarisation). This works to supplement the traditional form of attestation that is currently provided by way of “wet-ink” signature.
John Venn & Sons has successfully carried out digital notarisations using the eIDAS Regulation standard “Qualified Electronic Signature” for use overseas and will continue to advise clients on the best course of action in this area.
While we are fully equipped to provide an online notarisation service, the process as a whole is very much in its infancy, but we are closely following those technological developments which show signs of evolving into internationally-established legal and commercial practice.
Several factors must to be taken into account before the procedure can take place. Care must be taken to ensure that the laws and formalities of England and Wales are properly adhered to, as well as those in the recipient jurisdiction. Has legalisation by apostille or by the relevant consulate been requested? How can the document be produced in a format that will be acceptable for the end-user?
Liaising with counsel overseas is an important part of the service that John Venn & Sons offers to ensure that these issues are clarified.
Charles Henshaw is an active member of the Technology and Digital Sub-Committee for the Society of Scrivener Notaries and has contributed to the recent Law Commission report on the Electronic Execution of Documents.
For further assistance please contact notary@johnvenn.co.uk