How do lawyers certify documents?
It is surprising just how often people need to have documents certified.
However, there is often confusion between having a document “certified” and a document “notarised”.
What is involved in certification is different from notarisation.
When a document needs to be certified, a wide range of people are available to provide the certification. However, if a document needs to be notarised, this can only be done by a notary public. Most solicitors who deal with property, court and personal services are notaries.
Identification requirements prior to Certifying or Notarising
Before a solicitor can certify or notarise any document, they must know who it is they are providing this service for. That means you need to provide evidence of your identity to the solicitor. You will then follow the same process as would be needed for ani-money laundering requirements.
The identification evidence must include a photo ID such as your passport or driving license and evidence of your address. The latter is usually provided by means of a Council Tax Statement, Bank Statement or Utility Bill.
Having dealt with the question of identification, we now move onto the differences between certifying and notarising and how solicitors deal with these for you.
What is document certification and how do solicitors deal with it?
You will generally need your documents certified if you are trying to prove your identity or if you wish to present a copy of a document as a true copy.
If you have ever applied for a UK passport, you will have gone through a form of certification when you applied for your very first passport. Solicitors can deal with this form of certification for clients. In this instance, the solicitor is asked to certify that the photo you’ve provided to be used in your passport is a true likeness of you. The solicitor will write on the back of the photo “I certify that this is a true likeness of…” and add your name. The solicitor will then sign and date the photograph.
In addition, the solicitor will read the passport application and then countersign it to certify that, to the best of their knowledge and belief, the information contained in the application it true.
The second requirement in relation to document certification is when you need to send certified copies of documents to someone.
It is not unusual for a solicitor to be asked to certify identification documents so clients can then send them to other organisations such as banks of building societies.
In this instance, you will bring the original items to your solicitor. Your solicitor will check them and take copies of them. The solicitor will then write on the copies “Certified a true copy” and then add their signature and the date. They may also add the firm’s stamp showing the name and address of their law firm. When that has been done, the copy documents can be relied upon as if they were the originals documents.
What is notarisation and how do solicitors deal with it?
Notarisation is a much more formal form of document certification. In this case the document is signed by you and counter signed by a solicitor in their capacity as a Notary Public.
There are a wide range of documents that need to be notarised. These might be Affidavits used in divorce, immigration or other forms of court cases. There may be a statutory declaration that needs to be notarised to give it effect.
When you need a solicitor to notarise a document for you, the solicitor will go through the identification process as described above. From this point, the process is different.
The solicitor will administer an oath or an affirmation to you. When you repeat the oath or affirmation, you are formally declaring that the content of the document is true.
Once the oath or affirmation has been delivered, you will be invited to sign the document. The solicitor will then countersign the document in their capacity as a notary and add their full name, their firm’s name and address and, usually, their notarial seal. This formalises the document.
When the document has been completed, it means courts, government departments and others can rely on what you have said in the document.
You should be aware that the penalties for swearing or affirming fraudulently can be severe.
Can either of these be dealt with remotely?
Up until 2020, certifying or notarising document could only be done in person through a meeting with the solicitor.
Whilst face-to-face is still the preferred choice of most lawyers, in the most extreme cases, a remote certification and notarisation service can be provided. This is now possible as a result of Schedule 4, Part 7 of the Coronavirus (Scotland) (No 2) Act 2020 which was enacted by the Scottish Government as a result of the Covid-19 pandemic. When the various lockdowns and restrictions on movement were experienced because of the pandemic, this legislation was passed to allow certification and notarisation to be carried out remotely using video technology.
The procedure is similar to that used in the face-to-face process but with some significant differences.
These entail you providing the solicitor with the original documents you intend to rely on by post in advance. A formal ID process will be carried out when your passport or driving license etc. photo will be compared to your own face.
With regard to the notarisation process, you will likely be asked to read the entire document that requires notarisation over the video link whilst the solicitor reads a copy you have provided. You need to show that the document has not yet been signed. The oath will then be administered and you will be asked to sign the document, show that it has been signed over the video link and then post it to the solicitor. The solicitor will then compare the signed document with the copy they hold and when they compare favourably, will notarise the document just as they would, had you been present in the office.
If you would like to discuss having us certify or notarise documents, please contact us.
© Brian O’Neill 2023
Hastings Legal specialise in providing friendly legal advice and services for our clients. We are regulated by the Law Society of Scotland so you can be confident that we have your best interests at heart.
Hastings Legal have offices throughout the Borders in Kelso, Duns, Selkirk, Eyemouth, Coldstream and Jedburgh.
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