Notary

Notary
source
Name	Notary
Type	Office
Formation	Ancient Rome
Jurisdiction	Civil law and common law jurisdictions
Headquarters	Varies by country
Leader title	Senior Notary

Notary

A notary public is an official empowered to perform and authenticate certain legal acts, certify signatures, and deter fraud. Originating from ancient legal systems, notaries operate within diverse frameworks such as the Roman Republic, Napoleonic Code, and modern constitutions like the United States Constitution and the Basic Law for the Federal Republic of Germany. Notaries interact with institutions including the International Court of Justice, United Nations, European Union, International Criminal Court, and national supreme courts such as the Supreme Court of the United States and the Bundesverfassungsgericht.

Definition and Role

A notary functions as an impartial witness to the execution of documents and as a certificate-issuing officer recognized by courts like the High Court of Justice, the House of Lords (historical), and the Court of Cassation (France). In civil law systems influenced by the Napoleonic Code and Justiniani Institutiones notaries resemble public officers found in France, Spain, Portugal, and Italy; in common law systems akin to those in England and Wales, United States, Canada, and Australia they often have narrower duties. Notaries commonly certify deeds, powers of attorney, affidavits, and real estate instruments used before tribunals including the International Criminal Tribunal for the former Yugoslavia and arbitral bodies such as the International Centre for Settlement of Investment Disputes.

Historical Development

The office traces to scribes and tabelliones in the Roman Empire and to notarii in the Byzantine Empire, later formalized under medieval institutions like the Holy Roman Empire and papal chancery of the Holy See. The Napoleonic Code systematized notarial functions in post-revolutionary France, influencing codes in Belgium, Netherlands, Spain, and former colonies such as Argentina, Chile, and Mexico. In England, the role diverged after statutes enacted by the Parliament of England and reforms impacting the Court of Chancery and later the Judicature Acts. Colonial expansions exported models to regions governed by the British Empire, the Spanish Empire, and the Portuguese Empire.

Types and Qualifications

Civil law notaries in jurisdictions influenced by the Code Napoléon often require university education and appointment through ministries like the Ministry of Justice (France) or selection panels used in Spain and Italy. Common law commissioners and notaries public may be appointed by executive authorities such as state governors in the United States, provincial lieutenant governors in Canada, or by the Secretary of State (UK). Specialized categories include ecclesiastical notaries in the Holy See, notaries practicing before maritime registries like the Lloyd's Register, and international notaries recognized by conventions such as the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention). Professional bodies include the American Society of Notaries, the Consiglio Nazionale del Notariato (Italy), the Conseil Supérieur du Notariat (France), and the International Union of Notaries.

Duties and Procedures

Notarial acts encompass drafting authentic instruments used in transactions involving entities like the World Bank, International Monetary Fund, multinational corporations such as Siemens, Toyota, and financial institutions including JPMorgan Chase and the European Central Bank. Procedures often require identity verification using documents issued by authorities like the Department of State (United States), national ID cards from Germany or passports recognized by the International Civil Aviation Organization. Notaries may administer oaths and affidavits for proceedings before tribunals such as the International Tribunal for the Law of the Sea and attest signatures for corporate filings to registries like the Companies House and Registro Mercantil. They maintain records in ledgers comparable to archives in institutions like the National Archives (UK).

Legal Authority and Limitations

Authority derives from statutes such as the Civil Code (France), Spanish Civil Code, state notary laws in the United States Code, and regulatory bodies including the Bar Council (England and Wales) and national ministries of justice. Limitations include prohibitions against practicing law in jurisdictions enforced by courts like the Supreme Court of Canada and disciplinary actions by tribunals such as the Court of Justice of the European Union in cross-border matters. International instruments like the Hague Evidence Convention and bilateral treaties affect admissibility of notarial acts in foreign courts including the Supreme Court of the United States and appellate courts in Australia.

International Variations

Systems vary: civil law countries (e.g., France, Germany, Spain, Italy, Portugal) grant extensive authenticating powers; common law countries (e.g., United Kingdom, United States, Australia, New Zealand) limit functions to witnessing and certification. Hybrid models exist in jurisdictions like Quebec and former civil colonies including Louisiana and Quebec’s legal order, influenced by the Civil Code of Lower Canada. International instruments—Apostille Convention and bilateral legal cooperation treaties—shape cross-border recognition for documents used before institutions like the European Court of Human Rights and the International Criminal Court.

Notarization Technologies and Trends

Digitization trends involve e-notarization platforms approved by regulators such as state secretaries in the United States and directives from the European Commission. Technologies include remote electronic notarization, blockchain-based registries used by projects affiliated with entities like the World Economic Forum and pilot schemes in jurisdictions like Estonia and Singapore. Standards-setting organizations like the International Organization for Standardization and interoperability frameworks from the Council of the European Union influence secure electronic seals and timestamping for cross-border recognition in commercial disputes before venues like the International Chamber of Commerce.

Category:Legal occupations