Notarial Practice: Authentication, Protest and Certification
The notary's function
Notarial practice is about authentication: the notary verifies identity, capacity and understanding, and certifies the due execution of documents for use abroad. Candidates must understand the notarial act, the notarial certificate, the notarial seal, and the notarial register. Notaries also protest bills of exchange and prepare notarial certificates of law and fact. The notary's duty is to the document and to the public, not to the client's commercial aims.
Authentication and legalisation
Where a document is to be used abroad, the notary may need to arrange apostille certification or consular legalisation. Candidates should know the difference between an apostille under the Hague Convention and consular legalisation, and the role of the Foreign, Commonwealth and Development Office. Electronic notarisation and remote execution are increasingly relevant but must comply with local law.
Traps
Questions test the notary's duty to verify identity and to refuse where capacity is doubtful. Watch the distinction between a notarial certificate and an affidavit, and the requirement that the notary personally know or identify the signatory. Protest is a formal procedure for dishonoured instruments and must follow the prescribed steps.
Rule of thumb
Before notarising, confirm identity, capacity, understanding and the destination jurisdiction's requirements; then record the act in the register.
Worked example
A client signs a power of attorney for use in a non-Hague state. The notary must not only notarise but also arrange consular legalisation; an apostille alone will not suffice.