and AI might seem like a threat to the profession, they also provide opportunities. The much lauded EU e-IDAS QES provides a level of certainty beyond that of a traditional basic electronic signature on a document. However, after initial setup where ID checks are undertaken, the QES guarantees that a person with access to a password and a mobile phone applied a digital signature. This may be sufficient for certain purposes and recipients. However, it does not provide the level of certainty that a notary who has supervised a signing process and has taken steps to ensure identity, capacity, understanding, free will and compliance with legal requirements can provide which will, in some cases, be necessary or preferred. Therefore, there remains a need for notaries where the highest level of certainty is required. In addition, the fact that notarial acts now definitively have probative force in all areas of English law provides a fantastic opportunity for notaries to play a greater role in domestic transactions. English law is often characterised by a lack of certainty and litigation in England can be very expensive, effectively leaving some people without real legal remedy. Through the recording of agreements in their acts, notaries can play a key role creating certainty and preventing disputes before they happen, thus bringing justice to greater numbers on a preventative basis at a fraction of the cost of litigation after the fact. This provides a stage to demonstrate to government the positive role that notaries can play in the domestic justice system in reducing the burden on the courts at no cost to the public purse. This could, over time, lead to notaries being used more extensively in the English justice system. Therefore, while the new century with its new technologies may seem like a challenge to notaries (as with many other professions) there are also plenty of opportunities for the profession and we see a bright future ahead. Where can information about joining the profession be found? The Notaries Society (of which we both sit on the Council) is a professional representative body for notaries in England and Wales and provides detailed information on the qualification process on its website: https://www.thenotariessociety.org. uk/pages/becoming-a-notary EXPERT INSIGHT 75 About Michael Michael Lightowler is a notary with over 30 years’ experience in providing a wide variety of notarial services , usually in connection with clients’ affairs outside of the UK. He has been closely involved in encouraging new entrants to the profession, the improvement of professional standards and the transition to digital practice, including the adoption of modern technologies to assist notaries in their daily work. He has represented the profession at numerous events and conferences both within the UK and abroad. Recently, he has also been a member of the Ministry of Justice working group on electronic signatures. About Jonathan Jonathan Hewitt is a notary and a Managing Associate at Harbottle & Lewis. As a notary, he produces notarial acts for clients and advises on the requirements for use of their legal documents in other jurisdictions. As a solicitor, he advises businesses and individuals on a broad range of property matters such as acquisitions and disposals, property development and re-financing. Contact Michael Lightowler Notary E: ml@notaryservices.co.uk www.notaryservices.co.uk Jonathan Hewitt Notary E: Jonathan.Hewitt@harbottle.com www.harbottle.com
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