Australia In all Australian states and territories (except Queensland) notaries public are appointed by the
Supreme Court of the relevant state or territory. Very few have been appointed as a notary for more than one state or territory. Queensland, like
New Zealand, continues the practice of appointment by the Archbishop of Canterbury acting through the
Master of the Faculties. Australian notaries are lawyers and are members of the Australian and New Zealand College of Notaries, the Society of Notaries of New South Wales Inc., the Public Notaries Society of Western Australia Inc, and other state-based societies. The overall number of lawyers who choose to become a notary is relatively low. For example, in
South Australia (a state with a population of 1.5 million), of the over 2,500 lawyers in that state only about 100 are also notaries and most of those do not actively practice as such. In
Melbourne,
Victoria, in 2002 there were only 66 notaries for a city with a population of 3.5 million and only 90 for the entire state. In
Western Australia, there are approximately 58 notaries as at 2017 for a city with a population of 2.07 million people. Compare this with the United States where it has been estimated that there are nearly 5 million notaries for a nation with a population of 296 million. As Justice Debelle of the
Supreme Court of South Australia said in the case of
In The Matter of an Application by Marilyn Reys Bos to be a Public Notary [2003] SASC 320, delivered 12 September 2003, in refusing the application by a non-lawyer for appointment as a notary: Historically there have been some very rare examples of patent attorneys or accountants being appointed, but that now seems to have ceased. However, there are three significant differences between notaries and other lawyers. • the duty of a notary is to the transaction as a whole, and not just to one of the parties. In certain circumstances a notary may act for both parties to a transaction as long as there is no conflict between them, and in such cases it is their duty is to ensure that the transaction that they conclude is fair to both sides. • a notary will often need to place and complete a special clause onto or attach a special page (known as an
eschatocol) to a document in order to make it valid for use overseas.In the case of some documents which are to be used in some foreign countries it may also be necessary to obtain another certificate known either as an "authentication" or an "
apostille" (see above) (depending on the relevant foreign country) from the
Department of Foreign Affairs and Trade. • a notary identifies themselves on documents by the use of their individual seal. Such seals have historical origins and are regarded by most other countries as of great importance for establishing the authenticity of a document. Their principal duties include: • attestation of documents and certification of their due execution for use internationally • preparation and certification of powers of attorney, wills, deeds, contracts and other legal documents for use internationally • administering of oaths for use internationally • witnessing affidavits, statutory declarations and other documents for use internationally • certification of copy documents for use internationally • exemplification of official documents for use internationally • noting and protesting of bills of exchange (which is rarely performed) • preparation of ships' protests • providing certificates as to Australian law and legal practice for use internationally It is usual for Australian notaries to use an embossed seal with a red wafer, and now some notaries also use an inked stamp replicating the seal. It is also common for the seal or stamp to include the notary's chosen logo or symbol. In South Australia and
Scotland, it is acceptable for a notary to use the letters "NP" after their name. Thus a South Australian notary may have "John Smith LLB NP" or similar on his
business card or letterhead. Australian notaries do not hold "commissions" which can expire. Generally, once appointed they are authorized to act as a notary for life and can only be "struck off" the Roll of Notaries for proven misconduct. In certain states, for example, New South Wales and Victoria, they cease to be qualified to continue as a notary once they cease to hold a practicing certificate as a legal practitioner. Even judges, who do not hold practicing certificates, are not eligible to continue to practice as notaries. Notaries in some states of Australia are regulated by legislation. In New South Wales the Public Notaries Act 1997 applies and in Victoria the Public Notaries Act 2001 applies. There are also Notary Societies throughout Australia and the societies keep a searchable list of their members. In New South Wales, The Society of Notaries of New South Wales Inc.; in Queensland The Society of Notaries Queensland Inc.; in South Australia the Notaries' Society of South Australia Inc. and in Victoria, The Society of Notaries of Victoria Inc.. Notaries collecting information for the purposes of verification of the signature of the deponent might retain the details of documents which identify the deponent, and this information is subject to the
Privacy Act 1988. A notary must protect the personal information the notary holds from misuse and loss and from unauthorised access, modification or disclosure. All Australian jurisdictions also have
justices of the peace (JP) or commissioners for affidavits and other unqualified persons who are qualified to take affidavits or statutory declarations and to certify documents. However they can only do so if the relevant affidavit, statutory declaration or copy document is to be used only in Australia and not in a foreign country, with the possible exception of a few Commonwealth countries not including the
United Kingdom or New Zealand except for very limited purposes. Justices of the peace (JPs) are (usually) laypersons who have minimal, if any, training (depending on the jurisdiction) but are of proven good character. Therefore, a US notary resembles an Australian JP rather than an Australian notary.
Brazil Notaries in Brazil need to pass stringent exams in addition to holding law degrees. Civil life in Brazil relies upon the notary public system heavily. Brazilian notaries public specialize in seven main areas: 1. Civil Records; 2. Notes. 3. Real Estate Records; 4. Credit Notes and Documents; 5. Protest of Credit Notes; 6. Business Enterprises Records; and 7. Central Notaries (a.k.a. "Distribution Notaries). Brazilian notaries have a hybrid nature. They are private but appointed by the Judiciary and are recognized as an official authority ("dotado de fé pública").
Canada Canadian notaries public (except in the province of
British Columbia and
Quebec) are very much like their American counterparts, generally restricted to administering oaths, witnessing signatures on affidavits and statutory declarations, providing acknowledgements, certifying true copies, and so forth.
British Columbia In
British Columbia, a notary public is more like a
British or
Australian notary. Notaries are appointed for life by the
Supreme Court of British Columbia and as a self-regulating profession, the Society of Notaries Public of British Columbia is the regulatory body overseeing and setting standards to maintain public confidence. A BC notary is also a commissioner for taking affidavits for British Columbia, by reason of office. Furthermore, BC notaries exercise far greater power, able to dispense legal advice and draft public instruments including: • Notarization – notarizations/attestations of signatures, affidavits, statutory declarations, certified true copies, letters of invitation for foreign travel, authorization of minor child travel, execution/authentications of international documents, passport application documentation, proof of identity for travel purposes • Real estate law – home purchase/sale; business purchase/sale;
mortgages and
refinancing; residential, commercial, and manufactures home transfer of title; restrictive covenants and builder's liens • Wills and estate planning – preparation and searches of last wills and
testaments, advance directives, representation agreements and
power of attorney •
Contract law – preparation of contracts and agreements, commercial lease and assignments •
easements and
right of way • insurance loss declarations • marine bills of sale and mortgages • marine protestations • personal property security agreements • purchaser's side for foreclosures • subdivisions and statutory building schemes • zoning applications
Nova Scotia In
Nova Scotia a person may be a notary public, a commissioner of oaths, or both. A notary public and a commissioner of oaths are regulated by the provincial Notaries and Commissioners Act. Individuals hold a commission granted to them by the Minister of Justice. Under the Act a notary public in has the "power of drawing, passing, keeping and issuing all deeds and contracts, charter-parties and other mercantile transactions in this Province, and also of attesting all commercial instruments brought before him for public protestation, and otherwise of acting as is usual in the office of notary, and may demand, receive and have all the rights, profits and emoluments rightfully appertaining and belonging to the said calling of notary during pleasure." Additionally, individuals with other specific qualifications, such as being a current
Member of the Legislative Assembly, commissioned officer of the
Royal Canadian Mounted Police or
Canadian Forces may act as if explicitly being a commissioner of oaths.
Quebec Since
Quebec uses
a civil law system for non-criminal matters, notaries in that province are
civil-law notaries (
notaires) that are full lawyers licensed to practice notarial law and regulated by the
Chamber of Notaries of Quebec. Quebec notaries draft and prepare major
legal instruments (
notarial acts), provide complex legal advice, represent clients (out of court) and make appearances on their behalf, act as arbitrator, mediator, or conciliator, and even act as a court commissioner in non-contentious matters. To become a notary in Quebec, a candidate must hold a bachelor's degree in civil law and a one-year Master's in notarial law and serve a traineeship (
stage) before being admitted to practice. The concept of notaries public in Quebec does not exist. Instead, the province has Commissioners of Oaths (''Commissaires à l'assermentation
) who may administer oaths in Quebec (and outside of Quebec, if authorized) for a procedure or a document intended for Quebec (or Federal matters). A Quebec commissioner for oaths can not certify documents or attest that a copy of a document is in accordance to the original; only a notaire'' can do it.
Hong Kong In Hong Kong, the appointment and regulation of notaries public (公證人, often referred to locally as 國際公證人) are governed by the
Legal Practitioners Ordinance (Cap. 159). Only solicitors with at least seven years of post‑qualification experience may apply to become a notary public, and candidates must pass the examination administered by the Hong Kong Society of Notaries. The Chief Judge of the High Court formally appoints successful applicants to the office. Hong Kong is covered by the Hague Apostille Convention (as extended by China’s accession), under which notarial acts may be legalised by apostille for use in other contracting states. However, the Convention does not apply to documents intended for use in Mainland China, where a separate system through China Appointed Attesting Officers (中國委託公證人) is required.
History During the colonial era, appointments of notaries public were made directly by the Archbishop of Canterbury in England, exercising powers delegated under the
Ecclesiastical Licences Act 1533. Following the transfer of sovereignty over Hong Kong to the People’s Republic of China in 1997, the system was localised. The power of appointment was vested in the Chief Judge of the
High Court of Hong Kong, acting under the
Legal Practitioners Ordinance. The professional oversight and examination of notaries have since been administered by the Hong Kong Society of Notaries. The Hong Kong Society of Notaries, established in 1977, continues to function as the professional body overseeing notarial practice, maintaining standards, and representing notaries within the jurisdiction.
Qualifications Pursuant to Section 40A of the Legal Practitioners Ordinance, to be appointed as a notary public in Hong Kong, an applicant must satisfy the following requirements— • his name has been on the roll of solicitors continuously for the whole of the period of 7 years immediately before the date of his application for appointment; • he has practised as a solicitor for a period or periods in aggregate of not less than 7 years; • he has, within the period of 1 year ending on the date of his application for appointment, passed any examination prescribed by the Council of the Society of Notaries under section 73D; and • has complied with any requirements prescribed by the Council of the Society of Notaries under section 73D with respect to persons applying for appointment as a notary public.
Powers and functions The powers of a notary public in Hong Kong are primarily exercised for the authentication of documents for use abroad. Common notarial acts include: • preparing and witnessing powers of attorney for use overseas • witnessing documents for purchase or sale of land or property overseas • providing documents relating to the administration of the estate of persons who are abroad, or owning property abroad • authenticating personal documents and information e.g. for immigration or emigration purposes • authenticating company commercial and business documents • preparing ship's protest • providing authentication and a secure record for a transaction, document or event Notarial instruments issued by a Hong Kong notary may be recognised internationally, and in some jurisdictions are subject to further authentication, such as legalisation by consulates or apostille under the Hague Apostille Convention. However, Hong Kong notaries public do not have authority to authenticate documents for cross‑border use between Mainland China and Hong Kong.
China Appointed Attesting Officers Cross‑border legal authentication between Mainland China and Hong Kong falls under the jurisdiction of China Appointed Attesting Officers. These are Hong Kong solicitors who have been specially appointed by the Ministry of Justice of the People’s Republic of China.
India The central government appoints notaries for the whole or any part of the country. State governments, too, appoint notaries for the whole or any part of the states. On an application being made, any person who had been practicing as a Lawyer for at least ten years is eligible to be appointed a notary. The applicant, if not a legal practitioner, should be a member of the Indian Legal Service or have held an office under the central or state government, requiring special knowledge of law, after enrollment as an advocate or held an office in the department of Judge, Advocate-General or in the armed forces.
Iran Notary public is a trained lawyer that should pass some special examinations to be able to open their office and start their work. Persian meaning of this word is means head of the office and their assistant called . Both these persons should have bachelor's degree in law or master's degree in civil-law.
Ireland There is archival evidence showing that public notaries, acting pursuant to papal and imperial authority, practised in Ireland in the 13th century, and it is reasonable to assume that notaries functioned here before that time. In Ireland, public notaries were at various times appointed by the Archbishop of Canterbury and the Archbishop of Armagh. The position remained so until the Reformation. After the Reformation, persons appointed to the office of public notary either in Great Britain or Ireland received the faculty by royal authority, and appointments under faculty from the Pope and the emperor ceased. In 1871, under the Matrimonial Causes and Marriage Law (Ireland) Amendment 1870, the jurisdiction previously exercised by the
Archbishop of Armagh in the appointment of notaries was vested in and became exercisable by the
Lord Chancellor of Ireland. In 1920, the power to appoint notaries public was transferred to the
Lord Lieutenant of Ireland. The position in Ireland changed once again in 1924 following the establishment of the
Irish Free State. Under the Courts of Justice Act, 1924 the jurisdiction over notaries public was transferred to the Chief Justice of the Irish Free State. In 1961, under the Courts (Supplemental Provisions) Act of that year, and the power to appoint notaries public became exercisable by the Chief Justice. This remains the position in
Ireland, where notaries are appointed on petition to the Supreme Court, after passing prescribed examinations. The governing body is the Faculty of Notaries Public in Ireland. The vast majority of notaries in Ireland are also
solicitors. A non-solicitor, who was successful in the examinations as set by the governing body, applied in the standard way to the Chief Justice to be appointed a notary public. The Chief Justice heard the adjourned application on 3 March 2009 and appointed the non-solicitor as a notary on 18 July 2011. In Ireland notaries public cannot agree on a standard fee due to competition law. In practice the price per signature appears to be €100. A cheaper alternative is to visit a commissioner for oaths who will charge less per signature, but that is only possible where whoever is to receive a document will recognize the signature of a commissioner for oaths.
Malaysia In Malaysia, a notary public is appointed from amongst the pool of advocates & solicitors (i.e. practicing lawyers) by the Attorney General. To be appointed as a notary public, it is a criterion amongst others, that the advocate & solicitor must be in legal practice for at least 15 years. The fees are regulated by the Notary Public (Fees) Rules 1954. Perhaps it is germane to consider comparatively to another similar office known as the Commissioner for Oaths (locally knows as a
Pesuruhjaya Sumpah), whom are persons appointed by the Chief Justice of the Federal Court of Malaysia under section 11 of Court of Judicature Act 1964 and are principally regulated by the Commissioners for Oaths Rules 2018. Similar to notary publics, Commissioners for Oaths in Malaysia largely administer oaths and attestation (where permitted by specific legislation). The distinction of function between both offices are however drawn from where notary publics are authorized to attest to foreign documents and can also attest to most instruments as a witness, as well as to certify true copy to documents.
New Zealand A notary public in New Zealand is a lawyer authorised by the
Archbishop of Canterbury in England to officially witness signatures on legal documents, collect sworn statements, administer oaths and certify the authenticity of legal documents usually for use overseas. The
Master of the Faculties appoints notaries in the exercise of the general authorities granted by s 3 of the
Ecclesiastical Licences Act 1533 and
Public Notaries Act 1833. Recommendations are made by the New Zealand Society of Notaries, which normally requires and applicant to have 10 years' experience post admission as a lawyer and 5 years as a Law Firm Partner or equivalent.
Singapore A Notary Public in Singapore must be appointed by the Board of Commissioners for Oaths and Notaries Public. A Notary Public must be a qualified lawyer who is at least 40 years old, with at least 15 years of experience in active legal practice. The Notary Public is responsible for certifying the authenticity and valid execution of documents.
Sri Lanka Notaries in Sri Lanka are more akin to civil law notaries; their main functions are
conveyancing, drafting of legal instruments, etc. They are appointed under the Notaries Ordinance No 1 of 1907. They must pass exam held by the Ministry of Justice and apprentice under senior notary for a period of two years. Alternatively,
attorneys at law who pass the conveyancing exam are also admitted as a notary public under warrant of the Minister. The Minister of Justice may appoint any attorney at law as a commissioner for oaths, authorized to certify and authenticate the
affidavit/documents and any such other certificates that are submitted by the general public with the intention of certifying by the commissioner for oath.
United Kingdom England and Wales After the passage of the
Ecclesiastical Licences Act 1533, which was a direct result of the
Reformation in England, all notary appointments were issued directly through the
Court of Faculties. The Court of Faculties is attached to the office of the
Archbishop of Canterbury. In
England and Wales there are two main classes of notaries: general notaries and scrivener notaries. Their functions are almost identical. All notaries, like
solicitors,
barristers,
legal executives,
costs lawyers and
licensed conveyancers, are also
commissioners for oaths. They also acquire the same powers as
solicitors and other law practitioners, with the exception of the right to represent others before the courts (unless also members of the bar or admitted as a solicitor) once they are commissioned notaries. In practice almost all English notaries, and all Scottish ones, are also solicitors, and usually practise as solicitors. Commissioners of oaths are able to undertake the bulk of routine domestic attestation work in England and Wales. Many documents, including signatures for normal property transactions, do not need professional attestation of signature at all, a lay witness being sufficient. In practice the need for notaries in purely English legal matters is very small; for example they are not involved in normal property transactions. Since a great many
solicitors also perform the function of commissioners for oaths and can witness routine declarations etc. (all are qualified to do so, but not all offer the service), most work performed by notaries relates to international matters in some way. They witness or authenticate documents to be used abroad. Many English notaries have strong foreign language skills and often a foreign legal qualification. The work of notaries and solicitors in England is separate although most notaries are solicitors. The Notaries Society gives the number of notaries in England and Wales as "about 1,000", all but seventy of whom are also solicitors. Scrivener notaries get their name from the
Worshipful Company of Scriveners. Until 1999, when they lost this monopoly, they were the only notaries permitted to practise in the
City of London. They used not to have to first qualify as solicitors, but they had knowledge of foreign laws and languages. Currently to qualify as a notary public in England and Wales it is necessary to have earned a law degree or qualified as a solicitor or barrister in the past five years, and then to take a two-year distance-learning course styled the Postgraduate Diploma in Notarial Practice. At the same time, any applicant must also gain practical experience. The few who go on to become scrivener notaries require further study of two foreign languages and foreign law and a two-year mentorship under an active scrivener notary. The other notaries in England are either ecclesiastical notaries whose functions are limited to the affairs of the
Church of England or other qualified persons who are not trained as solicitors or barristers but satisfy the
Master of the Faculties of the
Archbishop of Canterbury that they possess an adequate understanding of the law. Both the latter two categories are required to pass examinations set by the Master of Faculties. The regulation of notaries was modernised by section 57 of the
Courts and Legal Services Act 1990. Notarial services generally include: • attesting the signature and execution of documents • authenticating the execution of documents • authenticating the contents of documents • administration of oaths and declarations • drawing up or noting (and extending) protests of happenings to ships, crews and cargoes • presenting bills of exchange for acceptance and payment, noting and protesting bills in cases of dishonour and preparing acts of honour • attending upon the drawing up of bonds • drawing mercantile documents, deeds, sales or purchases of property, and wills in English and (via translation), in foreign languages for use in Britain, the Commonwealth and other foreign countries • providing documents to deal with the administration of the estate of people who are abroad, or own property abroad • authenticating personal documents and information for immigration or emigration purposes, or to apply to marry, divorce, adopt children or to work abroad • verification of translations from foreign languages to English and vice versa • taking evidence in England and Wales as a commissioner for oaths for foreign courts • provision of notarial copies • preparing and witnessing powers of attorney, corporate records, contracts for use in Britain or overseas • authenticating company and business documents and transactions • international Internet domain name transfers
Scotland Notaries public have existed in Scotland since the 13th century and developed as a distinct element of the Scottish legal profession. Those who wish to practice as a notary must petition the
Court of Session. This petition is usually presented at the same time as a petition to practice as a solicitor, but can sometimes be earlier or later. However, to qualify, a notary must hold a current Practising Certificate from the
Law Society of Scotland, a new requirement from 2007, before which all Scottish solicitors were automatically notaries. Whilst notaries in Scotland are always solicitors, the profession remains separate in that there are additional rules and regulations governing notaries and it is possible to be a solicitor, but not a notary. Since 2007 an additional Practising Certificate is required, so now most, but not all, solicitors in Scotland are notaries – a significant difference from the English profession. They are also separate from notaries in other
jurisdictions of the United Kingdom. The profession is administered by the Council of the Law Society of Scotland under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. In Scotland, the duties and services provided by the notary are similar to England and Wales, although they are needed for some declarations in divorce matters for which they are not in England. Their role declined following the Law Agents (Scotland) Amendment Act 1896 which stipulated only enrolled law agents could become notaries and the Conveyancing (Scotland) Act 1924 which extended notarial execution to law agents. The primary functions of a Scottish notary are: • oaths, affidavits, and affirmations • affidavits in undefended divorces and for matrimonial homes • maritime protests • execution or certification for foreign jurisdictions, e.g., estates, court actions, powers of attorney, etc. • notarial execution for the blind or illiterate • entry of a person to overseas territories • completion of the documentation required for the registration of a company in certain foreign jurisdictions; and • drawing for repayment of Bonds of Debenture
United States ==Civil law jurisdictions==