Notarys in England and Wales all you want to know and need to know about them
Who is a Notary?
A Notary is a qualified lawyer – a member of the third and oldest branch of the legal profession in the United Kingdom. He is appointed by the Archbishop of Canterbury and is subject to regulation by the Court of Faculties. The rules which affect Notaries are very similar to the rules which affect Solicitors. They must be fully insured and maintain fidelity cover for the protection of their clients and the public. They must keep clients’ money separately from their own and comply with stringent practice rules and rules relating to conduct and discipline. Notaries have to renew their practising certificates every year and can only do so if they have complied with the rules.
Qualification as a Notary
The Notaries Society is the representative and membership organisation for the profession of notaries public and although it assists in the qualification process it is not the body that admits or has control over the appointment of new notaries. In addition to its involvement in the training of new candidates to the profession the Society organises seminars and training days for its members which are open to candidates on a voluntary basis.
Qualification as a notary is regulated by the Faculty Office of the Archbishop of Canterbury under the direction of the Master of the Faculties. Details of the Faculty Office and all the Rules governing the qualification and admission of Notaries can be found at their website www.facultyoffice.org.uk. The main regulations are contained in the Notaries (Qualification) Rules 1998.
These notes do not apply to Notaries already qualified in the European Union or the European Free Trade Area, although the Master may require candidates from Europe to comply with all or part of the requirements of the Rules.
The Notaries (Qualification) Rules 1998
The main points to consider in the Notaries (Qualification) Rules 1998 before deciding whether to qualify as a notary are as follows. Candidates should check ALL the various requirements, not just those summarised below, before embarking on the qualification process.
Under Part II: General Provisions as to Admission - Rule 3 – Qualification for Admission as a notary public.
No person shall be admitted as a notary public to practise in England and Wales unless such person:
| 3.1 |
Is at least 21 years of age and has satisfied the requirements of these rules, |
| 3.2 |
Has taken the oath of allegiance and the oath required by section 7 of the Public Notaries Act 1843, and |
| 3.3 |
Is, except where such application is made under rule 4 (ecclesiastical notaries) or Rule 9 (European Economic Area notaries) either a solicitor of the Supreme Court, or a barrister at law, or holds a degree.
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Under Schedule 2 – Prescribed Subjects
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Constitutional/Public Law
The Law of Property
The Law of Contract
The Law of the European Union
Roman Law or Civil Law
Equity and the Law of Trusts
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Conflict of Law
Conveyancing
Business Law and Practice
Wills Probate and Administration
Notarial Practice (including Bills of Exchange)
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Applicants who have the following qualifications will normally be exempt from further study of most of the above subjects except Roman/Civil Law, Conflicts of Law and Notarial Practice on the basis that they have already studied them to an acceptable standard.
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Solicitors and barristers who have qualified within the last 5 years
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Holders of a law degree from an English University awarded within the last 5 years
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Those who have successfully completed a CPE or LPC course within the last 5 years
Solicitors and barristers who qualified more than 5 years ago must be employed in general practice to be given a full exemption. A fuller and more detailed explanation of the rules governing eligibility to qualify is available from the Faculty Office.
An application for exemption must be made directly to the Faculty Office, from which the prescribed form can be obtained. Exemption can be given wholly or in part. The final date for applications for an exemption certificate each year is the 31st March.
Please note that Roman Law/Civil Law, Conflicts of law and Notarial Practice are not usually studied on a standard law degree course or in the course of training to become a solicitor or barrister, hence most applicants will need to study these subjects. It is of course open to any applicant to seek exemption from these subjects too, should they have the relevant experience.
The Postgraduate Diploma in Notarial Practice
A programme for studying the above subjects is available from Professional Studies at the University of Cambridge which offers a Postgraduate Diploma in Notarial Practice. This is essentially a 2 year distance learning course. In the first year there are courses in Roman (Civil) Law and Private International Law and in the second year in Notarial Practice. There are some compulsory tuition days and a weekend residential course. Assessment is done by written assignments and examinations. Details of the course and its cost are available on their website www.cont-ed.cam.ac.uk/LegalStud/Notarial
Please note that Professional Studies will only accept applications from students who already have a certificate of exemption from the Faculty Office although they are pleased to deal with enquiries from potential applicants at any time. The final date for applications is usually 31st May.
It is possible in certain circumstances for a candidate to be given an exemption from the first year of the Postgraduate Diploma. Such a candidate would enrol only for the second year. He or she would not be awarded a diploma but would be eligible to apply for a Faculty.
Associate membership of the Notaries Society
As soon as a student has registered for the course he or she will be eligible for associate membership of The Notaries Society. An application form can be obtained from the Secretary.
Application for a Faculty and Admission to the Roll of Notaries
After the Postgraduate Diploma has been obtained applicants may apply to the Faculty Office for admission to the Roll of Notaries by completing and submitting a Certificate of Fitness and a Certificate of Good Character.
Solicitor applicants should note that the Registrar of the Faculty Office will take up references, on behalf of the Master with the Office for the Supervision of Solicitors when formal application to the Master is made. In the case of other applicants references will be sought from any relevant professional body.
Candidates should be aware at the outset that the Master of the Faculties requires that all newly appointed notaries shall, for the first two years after their appointment, have their practice as a notary supervised by another notary. Candidates should, therefore, arrange the services of a Supervisor (who must have been in actual practice as a notary for not less than five years) before making formal application for admission. In addition, it is also required that, during the period of supervision, a new notary shall attend day courses or seminars on Notarial Practice. There may be other requirements for individual candidates.
General Information
The Notaries Society does not govern the rules nor control the entry of notaries to the profession. It is pleased to assist candidates or advise generally. All specific queries concerning qualification or entry to the Postgraduate Diploma Course must be made directly to the Faculty Office or the Cambridge University Institute of Continuing Education, as appropriate.
This outline has been designed to assist those interested in qualifying and as such gives general information. All candidates are advised to check that they meet all the necessary criteria as laid down in the Rules governing qualification and admission to the profession before making an application.
Copies of the Rules and other information about qualification may be found in the Information Pack which is available from the Secretary at a cost of £10. Please write to the Administration Department at Po Box 226 Melton Woodbridge IP12 1WX. Additional information can be found on the members’ side of the website (accessible to all members of the Society).
Roles and Responsibilities
The Master of the Faculties
The Master is responsible for the qualification of notaries and:
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makes the Qualification Rules |
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appoints the Qualifications Board |
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consults with the Qualifications Board |
| (d) |
delegates some functions to the Qualifications Board |
The Faculty Office
The Faculty Office is the administrative body of which the Master of the Faculties is head. Part of its responsibilities is the governance of the notaries. The Registrar of the Faculty Office has the responsibility for issuing the faculty enabling a notary to practise.
The Qualifications Board
The Board is drawn from members of the profession and includes lay members with a particular interest in professional training and qualification. It:
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acts under the authority delegated to it by the Master and in particular approves courses presented to it by course providers. It resolves questions between candidates and course providers about exemptions from parts of the course. |
| (b) |
advises the Master in consultation |
| (c) |
acts as an informal panel of communication from the notarial bodies to the Master. |
The University of Cambridge
Professional Studies at The University of Cambridge is, at present, the only provider of qualifications courses. In so doing:-
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it designs and delivers the Postgraduate Diploma in accordance with the frame work required by The University of Cambridge. |
| (b) |
it consults with the notaries’ bodies with regard to the overall content of the course |
The Society of Scrivener Notaries
The Society is the membership body for the Scrivener Notaries. Scrivener notaries are notaries who have passed the additional examinations that are required by the Scriveners’ Company under the Scriveners (Qualifications) Rules. These examinations test knowledge of languages and foreign laws in addition to notarial practice. They are full-time notaries who have traditionally practised only in the City of London. Scrivener Notaries are represented on the Joint Qualifications Board, and some of them are tutors for the Diploma Course.
The Scriveners’ Company
The Scriveners’ Company is a City Livery Company. The Scrivener Notaries are obliged to become members of the Company as part of their qualification process. The Company is the regulatory body for the Scrivener Notaries, and its Notarial Committee is responsible for the content and delivery of the Scriveners’ examinations in consultation with the Faculty Office and Joint Qualifications Board.
here is the website link http://www.thenotariessociety.org.uk/
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