What Is a Notary Public? A Guide for UK Businesses and Entrepreneurs

If you run a business in the UK, you may have come across the term “notary public” or noticed requests for “notarised” documents when dealing with international clients, property transactions, or legal paperwork. It’s easy to feel puzzled-after all, isn’t a solicitor enough? Or maybe you’re not sure exactly what a notary does or when you need one.

Don’t stress-understanding when and why you need a notary can help protect your business, streamline cross-border deals, and prevent costly delays. In this article, we break down what a notary is, how notaries are different from solicitors, typical business scenarios where notarial services are needed, and how to ensure your documents are valid in the UK and abroad. By the end, you’ll know exactly when to call in a notary and how to keep your legal foundations strong.

What Is a Notary Public and What Do They Do?

Let’s start with the basics. A notary public (often just called a "notary") is a legally qualified professional whose main role is to authenticate, certify, and witness documents that will be used overseas. Unlike a general solicitor, a notary’s work is recognised internationally-so when documents are intended for use in other countries, you’ll often be required to have them notarised.

Notaries are regulated in England and Wales by the Faculty Office of the Archbishop of Canterbury. To become a notary, a professional must already be a qualified solicitor or barrister and then undertake extra specialist training.

What does a notary actually do? The main services offered by a notary public typically include:

• Certifying the authenticity of signatures on legal documents
• Verifying copies of documents as true copies of the original
• Witnessing the signing of important documents, such as powers of attorney, contracts, or company resolutions
• Certifying company documents, such as certificates of incorporation or business registration papers, for international use
• Authorising documents to allow their use abroad (sometimes including arranging an apostille from the Foreign, Commonwealth & Development Office)

In essence, a notary acts as an official and impartial witness, confirming that a person’s identity, signature, and legal capacity are genuine, or that a copy of a document matches the original.

How Is a Notary Different from a Solicitor?

It’s a common misconception to think notaries and solicitors offer the same services. While all notaries in the UK are qualified lawyers, not all solicitors are notaries-only those with additional notarial qualifications can provide notarial services.

Here’s how they differ:

• Solicitors advise and represent clients in a vast range of UK legal matters - from contracts and company law, through to disputes, employment, and property.
• Notaries specialise in certifying documents for use in other countries, and their work is internationally recognised under the Hague Convention. A notary’s seal and signature gives a document legal status abroad, whereas an ordinary solicitor’s attestation may not be accepted outside the UK.

So, if you intend to use any legal documents or business records internationally-such as when expanding overseas, working with foreign partners, or dealing with overseas suppliers-you’ll probably need a notary.

Need a solicitor for UK business contracts or setup? Head to our guide to essential contracts for UK businesses for more information on how a specialist lawyer can help with your day-to-day needs.

When Do UK Businesses Need a Notary?

There are plenty of business scenarios where you’ll require the services of a notary. Typical situations include:

• Setting up or acquiring a subsidiary or new branch overseas
• Entering into contracts or agreements with companies based outside the UK
• Selling or buying property abroad (including commercial leases)
• Opening an overseas bank account or registering with local tax authorities
• Appointing overseas agents, distributors, or power of attorney
• Authenticating educational or professional certificates for international work assignments
• Satisfying foreign regulators’ requirements for certified or notarised documents

For example, if your UK business is expanding and needs to prove its legal existence to an overseas government, only a notary can certify the necessary company documents so they’ll hold legal weight internationally.

Common Documents That May Need Notarisation

The list of documents requiring a notary is broad. You might need notarial services for:

• Certificates of incorporation, business registration, or status documents
• Director or shareholder resolutions
• Commercial contracts or supply agreements set for cross-border use
• Powers of attorney for transactions in another country
• Intellectual property assignments or licences (e.g., for registering trademarks or patents abroad)
• Copies of passports, ID, or bank statements for due diligence or KYC purposes
• Degree or qualification certificates

It’s worth checking with your overseas counterpart, embassy, or foreign authority which documents must be notarised-requirements vary from country to country.

If you’re confused about what legal documents your business may need more broadly, our practical guide to legal documents for UK businesses breaks down the different types, why they matter, and how to get them right.

What Is An Apostille-and Do You Need One?

In many cases, overseas authorities will also require an apostille-an official certificate confirming that the notary’s signature and seal are genuine. In the UK, this is provided by the Foreign, Commonwealth & Development Office (FCDO).

Not all notarised documents need an apostille, but when a document will be used in a country that is part of the Hague Convention, the apostille provides the final step of authentication. Some countries outside that agreement may insist on further legalisation.

If you’re unsure, your notary public can usually help arrange the apostille as part of their service. It’s a good idea to allow extra time in your planning for this step-getting the apostille can take a few days.

What Is the Process for Getting a Document Notarised?

If you’ve never used a notary before, the process is fairly straightforward. Here’s what to expect:

1. Contact a notary public and explain what you need to have notarised, and why.
2. Book an appointment. Most notaries will need to see you in person to confirm your identity and witness the signing of documents. Make sure you bring photo ID and any original documents.
3. Notary verifies your identity and capacity (making sure you understand what you’re signing and have authority to do so for your business).
4. The notary certifies or witnesses the document, adding their official seal and signature.
5. If needed, the notary can help you get an apostille from the FCDO, or advise on further steps for use in countries outside the Hague Convention.

Fees for notarisation can vary depending on the type and number of documents. It’s best to discuss costs up front with your chosen notary.

What Should UK Business Owners Look for in a Notary?

Choosing the right notary can mean the difference between seamless progress and document headaches. Here’s what to consider:

• Check the notary is duly qualified and regulated in England and Wales (you can look them up on the Faculty Office register).
• Confirm their experience-some notaries specialise in commercial, real estate, or corporate matters.
• Ask if they offer related services, like advising on international contracts or arranging apostilles.
• Find out about turnaround times-especially if you have important deadlines or transactions in progress.
• Be clear on costs, and ask for a written quote before proceeding.

Tip: For day-to-day UK commercial matters (like contract review, business registration, or protecting your intellectual property), a corporate lawyer or solicitor is usually your first stop. Save notarial services for when you need overseas recognition.

Do Online/Remote Notaries Exist in the UK?

With more business happening online, it’s natural to wonder if you can have documents notarised remotely. UK notaries are increasingly able to offer remote or electronic notarisation, subject to certain restrictions:

• The notary must still verify your identity, often using live video platforms and electronic ID checks.
• Some types of documents (like certain property deeds or powers of attorney) still require physical witnessing and “wet ink” signatures to comply with UK and foreign law.
• Not all countries will recognise remote electronic notarisation-always check with the end recipient what they require.

Remote notarisation can be a convenient option for busy business owners, but don’t assume it covers every scenario. If you’re dealing with sensitive or high-value documents, in-person notarisation may still be your safest bet.

Key Legal Risks of Skipping Notarisation

Why not just use a solicitor or send a certified copy? The risk is simple: if a foreign authority doesn’t accept your document, you could face serious issues, such as:

• Delays with overseas expansion, bank accounts, or property purchases
• Deals falling through due to invalid documentation
• Rejected visa or immigration applications
• Inability to enforce contracts or claim rights abroad

Put simply, if a document needs to be notarised and isn’t, you could find your business stuck-sometimes permanently. It’s crucial to get this step right, particularly as global business becomes more connected.

What Other Legal Steps Should You Consider?

Getting documents notarised is just one piece of a larger legal protection puzzle. If your business is trading internationally, it’s also wise to:

• Review any international contracts to ensure compliance with all relevant laws
• Protect your brand by registering your trade mark both in the UK and abroad
• Make sure you have watertight confidentiality agreements if sharing sensitive business information
• Understand your compliance requirements when moving personal or business data across borders-our GDPR guide for businesses can help you get up to speed on UK and EU privacy regulations

If you’re unsure how all the pieces fit together, don’t worry-chatting to a legal expert can help you map out a clear step-by-step strategy, tailored to your business’s specific needs.

Key Takeaways

• A notary public is a specialist legal professional who authenticates and certifies documents for use abroad-these services are essential for global business.
• Solicitors and notaries are not interchangeable-if documents are intended for overseas use, notarisation is generally needed.
• Common business scenarios requiring a notary include international expansion, contracts, property, banking, and compliance with foreign authorities.
• An apostille may be needed on top of notarisation for documents used in Hague Convention countries.
• Missing notarisation can lead to failed transactions, rejected applications, and unnecessary delays.
• Remote notarisation is an option in some cases, but always check with your end recipient and the relevant legal requirements.
• Professional legal advice helps ensure your business documents are valid, compliant, and tailored to your unique situation, both in the UK and abroad.

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If you’re a UK business owner with questions about notarisation, international contracts, or protecting your interests abroad, we’re here to help. Reach out for a free, no-obligations chat at 08081347754 or team@sprintlaw.co.uk-our team of business law experts will guide you every step of the way.