What is a notary? In England and Wales, a notary is a legally trained public official who operates as part of the ‘preventative justice’ apparatus of the state. They create under their seal of office impartial, accurate records of agreements, statements and facts with enhanced evidential status. When creating their records (‘notarial acts’), the notary also seeks to verify and authenticate matters such as the identity of the parties appearing before them, their authority to do so, their capacity, free will and understanding of the nature and effect of what they are doing. In this way, the notary’s act creates legal certainty in the form of reliable documentary evidence of the informed and voluntary participation of a party in a legal act or transaction. The notary’s aim is to prevent disputes arising in relation to the validity or accuracy of the matters recorded by them. Notaries cannot, of course, prevent breaches of agreements recorded by them which are left to the courts to deal with. In some circumstances, notaries also play a role in the enforcement of obligations by verifying and making records of non-compliance with an existing agreement. In English law, for example, notaries may be required to be involved in producing a record of nonpayment of certain financial instruments that is then used by a claimant as evidence in court proceedings. In this way, notaries play a niche but important role in the administration of justice in England and Wales. Where do notaries come from? Notaries have their roots in Roman law and its renaissance in medieval Europe. At a time where few people could read or write, the precursors of the modern notary created written records of agreements between parties upon request. Over time, notaries came to be public appointees and their acts came to be recognised as public records and so have trusted status. Different The Role of a Notary Distinct from solicitors and barristers but no less significant, notaries play an integral role in the modern justice system in England and Wales. What work do they carry out, how are they appointed, and what are the greatest challenges that they face today? We hear from experienced notaries Michael Lightowler and Jonathan Hewitt, who provide an in-depth guide to the notarial profession and its role in the legal sphere. Expert Insight EXPERT INSIGHT 71 Notaries have their roots in Roman law and its renaissance in medieval Europe.
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