Rules and Requirements for Notaries
The information in this part of the website is primarily intended for practising notaries but is accessible to anyone who may be interested. Access to further information is via the menu. Please note:
- In addition to the approved Code of Practice, there are Practice Rules. These regulate key matters relating to the practice of a notary such as undertakings, dealing with conflicts, fees and (critical to a notary) record keeping.
- The rules include a duty to:
“comply with all legal and regulatory obligations and cooperate with the Master and any persons or body appointed by [them] in exercise of the Master’s regulatory functions”
- The Practice Rules provide for a Statement of Professional Independence to be made annually by each notary to his/her employer. The form of wording can be downloaded here.
- Certificate of Professional Status /Certificate of Authentication: A notary, client of a notary, or other appropriate person may request the Faculty Office to produce a Certificate of Professional Status or a Certificate of Authentication. A Certificate of Professional Status will give the name of a particular notary on the Roll (register) of Notaries and confirm his/her professional status. A Certificate of Authentication, for which there is a fee of £70.00, will give the same particulars as a Certificate of Professional Status but, upon a specific document being produced, the Registrar will additionally certify that the signature on that particular document matches the signature of the Notary in question which is entered in the notary’s entry in the Roll of Notaries.
- NotaryPro is an online secure account system through which notaries pay fees and certify compliance. It also records disciplinary processes and where necessary published the outcomes through the linked Find-A-Notary portal.
Notaries Rules & Regulations
These are the current Faculty Office Rules & Regulations for the Notarial profession in England & Wales. The formatting may differ from the original Rules & Regulations. In any case of doubt, reference should be made to the hard copies held by the Faculty Office (available upon written request). Regulation changes are notified through this website.
The Master of the Faculties is the approved regulator for the purposes of the Legal Services Act 2007 of the profession of Notaries Public in England & Wales. This jurisdiction regarding the Notarial Profession was confirmed and enhanced by the Courts and Legal Services Act of 1990 and the Legal Services Act 2007. Both confirmed the Master’s statutory powers to make Rules for the regulation of the profession.
You may also wish to read more about how the Faculty Office regulates Notaries, and what information we provide for practising Notaries.
The most important Rules & Regulations are:
Notaries Practice Rules 2019 – matters relating to the practice of a Notary (such as Instructions, Undertakings, Conflicts of Interest, Duty to act impartially, Publicity, Fees, Record-keeping).
Notaries Inspections Regulations 2014 – the inspection of the records and practices of Notaries, on behalf of the Master of the Faculties
Notaries (Post-Admission Supervision and Training) Rules 2019 – the requirement for a supervisor post-admission, and participation in Post-Admission Education activities
Notaries (Continuing Professional Education) Regulations 2010 – the requirement for all Notaries to participate in Continuing Professional Education activities (if not required to participate in Post-Admission Education). A copy of the CPE record is available here: CPE Training Record
Notaries (Conduct and Discipline) Rules 2015 (As Amended in September 2019) – the processes for complaints against Notaries and the sanctions which may be imposed
Notaries (Practising Certificates) Rules 2012 – the requirement to practise only when holding a valid practising certificate, the application process for a practising certificate, and the duty to hold insurance
Notaries (Qualification) Rules 2017 – the process of qualification and admission
The Rules & Regulations currently in force, in chronological order:
10. Notaries Practice Rules 2014 (As Amended) superseded by 2019 rules see below.
10.1 Statement of Professional Independence
10.2 Restrictive Covenants in Employment Contracts
10.3 Designation of County Archives for Storage of Notarial Records (Rule 25.1.3)
12. Notaries (Conduct and Discipline) Rules 2015 (As Amended in September 2019)
12.1 Notaries (Conduct and Discipline) Fees and Costs Order 2015
12.2 The Master of the Faculties’ Guidance to Nominated Notaries
14. Notaries (Post-Admission Supervision and Training) Rules 2019
14.1 Notaries (Supervision Fees) Order 2019
(14.2 The Notaries (Post-Admission) Rules 2009 (as amended) will continue to apply to all notaries who commenced their supervision prior to 1st June 2019)