Lowndes Jordan: Barristers, Solicitors and Notary Public

POSTED BY Lowndes Jordan
03 October 2014

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We are pleased to announce that one of our partners, Karl Stolberger, has been granted a Faculty as a Notary Public.

The function of a notary public in common law countries such as New Zealand is generally to authenticate the proper execution of documents, usually for use by overseas persons or authorities. Notaries also attend to shipping protests and noting and protesting dishonoured foreign bills of exchange pursuant to the Bills of Exchange Act.

The office of notary has a long history dating back to ancient Rome. It was introduced into English law around the 13th century. In England notaries were originally appointed by the Pope, acting through his Legate the Archbishop of Canterbury. During the reign of Henry VIII the Archbishop assumed sole responsibility for appointments in England. His responsibilities extended to England’s dominions and colonies, and so today in New Zealand is one of the few remaining countries where Notaries are still appointed under the auspices of the Archbishop of Canterbury through the Court of Faculties and the Master of the Faculties in London.

When authenticating documents the notary signs the document and embosses his or her seal (known as a “notarial act”). A record will be kept of all notarial acts. When visiting a notary public it is important to have formal identification, usually a passport. Where documents are signed pursuant to a power of attorney or similar, originals of those documents will also need to be sighted. It pays to contact the notary and provide copies of documents in advance so that individual requirements can be discussed. In some cases documents, once signed by the notary, will need to be sent to the Department of Internal Affairs for verification of the notary’s standing. They may also then need to be further authenticated by the Ministry of Foreign Affairs and Trade, depending on where the document is to be ultimately presented. Such procedures often need to be followed where documents are required for official purposes particularly in the Middle East, Asia or South America and some countries in Europe.

For further information or assistance please contact Karl Stolberger.

POSTED BY Lowndes Jordan
03 October 2014

posted in Lawyer News

VIEWED 5315 TIMES

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