The importance of independence and non-delegable duties

Notaries work in a variety of different business structures. However, they each owe a duty to adhere to professional rules.

The Faculty Office has published guidance to clarify the application of the rules for notaries working or considering working in those contexts, with an emphasis on two main characteristics:

1.           Independence

2.           Personal adherence to regulatory requirements.

The guidance does not introduce new rules but seeks to apply them so that notaries do not risk abdicating or compromising their adherence to existing regulatory obligations when working as employees or in other settings.

In particular the guidance focuses on individual responsibility for ethical and legal compliance. It is hoped that it can be used to help support notaries demonstrate to their employers or other organisational contexts what the Faculty Office expects of notaries, including the preservation of their independence from the wider business needs of the setting.