For those who are Notaries
Covid-19 Guidance on Remote Notarisation: The Master, in conjunction with representatives of the two Notarial Societies, has published guidance for notaries to assist notaries in determining whether it is appropriate to authenticate the signing or execution of a document remotely using video conference technology at a time when social distancing measures or the provisions of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (including any modification or amendment regulations) apply such as to preclude meeting individuals in person. The guidance may be viewed here.
on the use of video
Inspections of Notarial Practices: The Notaries Practice Rules 2019 came into force on 2nd December 2019. On the same date, regulations governing a new regime of inspections, the Notaries (Inspections) Regulations 2014, also took effect. Under Regulation 6, the Master shall approve, from time to time, the format of the Inspectors’ questionnaire. Click on this link to download the November 2015 version: Questionnaire to be completed by Inspector.
The Inspectors’ annual report is available to read on the Faculty Office website, on our page about how the Notarial profession is regulated. Practising Notaries are encouraged to read the Inspectors’ report.
Insurance: Notaries should ensure that their insurance policies (both Professional Indemnity and Fidelity cover) include their work as a Notary.
Complaints procedure – wording for clients: The Prescribed form of Complaints Wording (which must be provided by Notaries to their clients) can be downloaded here.
Anti Money Laundering: Money Laundering Guidance March 2018 (Guidance for the Legal Sector) and The Notaries (Prevention of Money Laundering) Rules 2008: Notaries must be familiar with and follow the Guidance.
Statement of Professional Independence: The form of wording for a Notary’s annual statement of professional independence to his/her employer can be downloaded here; this is a requirement of the Notaries Practice Rules 2019.
Restrictive covenants in employment contracts: The Master was recently asked to provide a direction in the case of a notary, also practising as a solicitor and employed as such by a firm of solicitors, who had been requested by the notary’s employers to agree to certain restrictive covenants contained in a contract of employment to be issued by the firm of solicitors. Guidance derived from the Master’s ruling can be downloaded here; this discusses issues arising under rules 3, 4, 7 and 11 of the Notaries Practice Rules 2019.
Accountant’s Report: The Form and Check List for the Accountant’s Report can be found 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 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-book.