Notaries and notarisation—notarisation

Produced in partnership with Jenny Bird of Macfarlanes

Practice notes

Notaries and notarisation—notarisation

Produced in partnership with Jenny Bird of Macfarlanes

Practice notes

The principles of the notarial act are that it is:

•
an act of the notary and not of the parties named in the document
•
a record of a fact, event or transaction
•
in the form of a document, notwithstanding the form of the underlying document, fact, event or transaction

The purpose of the notarial act is to provide authentication in the form of documentary evidence that will be acceptable in the receiving jurisdiction.

The notary does this by first providing Verification:

•
verifying the identity of the person who appears before them (the appearer) to a high standard to ensure that the appearer is the party named in the document, so will be bound by the document
•
verifying the capacity of the appearer to be bound by the transaction, such as the appearer not being a minor or a bankrupt
•
verifying the Authority of the appearer who represents themselves or that an appearer acts as an attorney or deputy on behalf of another or that an appearer is an office holder authorised

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Jenny Bird

Senior Associate, Macfarlanes

Jenny advises individuals, families, executors and trustees primarily based in the UK on a wide variety of UK tax, trust, succession and estate planning issues.

Jenny has broad experience in many aspects of the law that individuals encounter on a day-to-day basis including advising on and setting up trusts, administering estates, drafting wills and providing tax advice. She is part of our probate team and since qualifying as an associate in 2010, she has been involved with the administration of complex and high-value estates, including estates with cross-border elements and estates where offers in lieu of inheritance tax have been made.

Jenny qualified as a Notary Public in August 2015 and is able to provide notarial services to individuals and companies.

Jenny is a member of STEP (Society of Trust and Estate Practitioners) and the Notaries Society.

Qualified in England and Wales, 2010.

Jurisdiction(s):

United Kingdom

Key definition:

Verification definition

What does Verification mean?

The process by which a document relating to an ipo or offer'>secondary offer (for example, a prospectus or admission document) is checked to ensure that all the content is true, accurate and not misleading. The purpose of the verification exercise is to protect those who have responsibility for the document and culminates in a written record usually referred to as ‘verification notes’ supporting the statements made in the document.

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