EDITOR’S

ISSUE 64-15
Legal Focus
71
NOTARY SERVICES
This month Lawyer Monthly looks at the work of a Notary Public
and the issues surrounding Notary services by hearing exclusively
from Mark Lello from Parker Bullen. Mark became a Notary Public
in 1998 and has practised as such ever since alongside his practice
as a solicitor in partnership with others at the firm.
Mark began: “The vast majority of the
notarial work that we do consists
of notarising documents, typically
for use in connection with
transactions involving overseas matters, land or
other property. I am conscious that my principal
duty is to the transaction in those circumstances
and my role as such is to authenticate the
document for use in the context of that
transaction.
“As a further step by way of additional
confirmation to those who may need documents
prepared for use overseas I am also able
to arrange for an apostille (or other official
legalisation of the document) to be fixed by
the Foreign and Commonwealth Office in
accordance with the Hague Convention. I can
also send the document to be legalised at a
relevant embassy, consulate, high commission or
equivalent body. The Hague Convention 1961
enables the parties to that convention to rely on
a document which is apostilled and notarised
to effect the transaction concerned without
seeking further confirmatory documentation.
That said, certain local preferences can arise
and it is helpful to know which jurisdictions like
things done in a particular way.”
Mark continued: “Typical international matters
with which I am concerned as a Notary
include the purchase or sale of land overseas,
the notarisation of powers of attorney for use
overseas, authenticating company and business
documents and transactions and authenticating
personal documents and information for and
with immigration or emigration purposes, or to
marry or work abroad. What I like about the
work is the fascinating mix of documents which
I am called upon to deal with from a wide array
of countries, to be legalised or otherwise dealt
with. One client might be buying a villa in Spain
and the next sorting out their relative’s estate in
Australia.
and understand French and German, like most
other notaries who do not possess specialist
legal language facilities, I insist on there being a
professional translation of the document in almost
all cases with very few exceptions. However, the
work brings me into contact with not only United
Kingdom citizens wishing to transact business
abroad but also those from other countries
who may be based here but have dealings in
countries elsewhere and need my assistance.”
Going on to talk about the origins of the role, Mark
explained: “The profession of Notary Public is a
very old one with its origin in the civil institutions
of ancient Rome. Originally being mere copiers
and transcribers they rose eventually to the rank
of a learned profession and because of their
technical knowledge and skill took a prominent
part in the conduct of public and private affairs.
Some were permanent officials attached to
the Senate in courts of law, recording public
proceedings, dealing with estate papers,
supplying legal forms, registering judgements
and decrees and others dealing with matters of
private concern including drafting wills, deeds,
conveyances and similar documents. Being
one of the oldest professions, notaries occur in
records from the mediaeval period and in works
of art from such times and in other contexts.
English notaries are, in a sense, public officers in
their role in authenticating documents for use in
transactions and we obtain our faculty (i.e. our
authority to practice) from the Court of Faculties
of the Archbishop of Canterbury. However, we
are also entitled to advise in relation to certain
legal matters in a similar way to a solicitor and
so for some categories of legal advice the
competences overlap.
“Some of the powers that we have as Notaries
are unusual, including the right to note and
protest bills of exchange or arrest ships. Whilst
we are not the only people entitled to do so, the
latter is certainly an unusual power and being a
notary based in Salisbury, one that I have had no
cause to use as yet!
“The English notarial profession is relatively
small with something of the order of 800 of us
in practice. This does mean on occasion that
people who need to use a notary sometimes
have quite a way to travel to find one of us. In
Salisbury I am often asked to act for people who
may have travelled for an hour or more and it
does make one very conscious of the privilege
and responsibility of being in a profession that is
so needed and yet not very easily accessed by
all.
“In my view the notarial profession is alive and
kicking and the members of it are very proud of
their status as such. They are also very collegiate
in their approach towards each other. There is
no sense of rivalry between notaries and there is
a good deal of goodwill between us. Notaries
continue to play a vital role in international
commerce, both of a business and personal
nature and I’m delighted to be one of them.”
Mark concluded: “Finally I am delighted to
report that when I do notarise documents, the
red wafer seal, the attractive corner and tape
attached are seen as positive advantages and a
far cry from the normal complaints about lawyers
“tying things up in red tape”. It is a tribute to the
notaries and our profession that the perception
is that!”. LM
Mark Lello
Managing Partner and Notary Public at Parker Bullen LLP
Tel: 01722 412000 | Fax: 01722 411822
Email: mark.lello@parkerbullen.com | Website: www.parkerbullen.com
“The other facet of the work is the range of
languages that across my desk and although I
profess only to speak and to limited extent write
www.lawyer-monthly.com