CORPORATE CLIENTS
Dealing with an instruction from a corporate body means that the notary must properly identify both the individuals and the company. Great care is essential at every stage to minimise the risks of errors, omissions, alterations, fraud, forgery or money laundering.
- INITIAL CONTACT
- INCORPORATION DOCUMENTS (unless this is available the Companies House website)
- ELECTRONIC COPY OF IDENTIFICATION DOCUMENTS FOR THE PERSON/S SIGNING ON BEHALF OF THE COMPANY (Proof of Identity and Proof of Residence)
- EVIDENCE OF THE SIGNATORY’S AUTHORITY TO SIGN (a board resolution, memorandum & articles of association, Power of Attorney etc.)
- DOCUMENTS RELEVANT FOR THE MATTER (including the document to be notarised and any forms of instructions given by the overseas lawyer/ legal advisor who prepared the document).
- REVIEW OF THE INSTRUCTIONS & ASSESSMENT OF YOUR UNDERSTANDING OF THE ACT
- CONTACTING OVERSEAS LAWYER / LEGAL ADVISORS/ FOREIGN AUTHORITY REGARDING THE INSTRUCTIONS
- ARRANGING MEETING WITH THE NOTARY
- ARRANGING FOR THE LEGISLATION OF THE DOCUMENT (IF APPLICABLE)
- STORAGE OF COPIES OF THE NOTARIAL ACT
- PROOF OF IDENTITY OF THE REPRESENTATIVE:
- Passport or if not available, a current photographic driving licence or recent utility bill showing your current address
- COMPANY DETAILS:
- A copy of the current letterhead (showing the registered office it is a company)
- A Letter of Authority, Minute, Resolution or Power of Attorney, authorising Representative to sign the document
- ADITTIONAL INFORMATION FOR COMPANIES THAT I MAY REQUEST:
- Certificate of Incorporation and of any Change of Name
- A copy of the Memorandum & Articles of Association
- Details of Directors and Secretaries
- A Partnership Agreement, or relevant Trust Deed or Charter, or Constitution/Rules
- A copy of the latest Annual Accounts or the latest Tax Assessment or the latest quarterly VAT Return
To avoid any delays and mistakes, make sure that you can produce the following as soon as you make initial contact with the notary:
After reviewing the instructions and documents, the notary will advise you on the formalities required for completing the notarial certificates. However, they will not be able to advise you on the overall nature of the transactions that are to take effect in the receiving jurisdiction.
When there are any overseas lawyers or legal advisors involved in the matter, you should provide the notary with their contact details and any covering correspondence received from them to enable efficient communication regarding the instructions and any specific directions for execution.
Once the notary is satisfied with the presented documents and information, a meeting will be arranged. During the appointment the notary will verify the identity of all signatories and the company and confirm that there is a validly granted authority to sign on behalf of the company.
The notary will then ensure that the document is correctly executed and draft and affix (or endorse) a notarial certificate to the document.
Most notarised documents require legalisation by the FCDO or the Consulate of the country that the documents are for. Legalisation is the official confirmation that a signature, seal or stamp on a document is genuine.
If the legislation is required by the receiving jurisdiction, the notary will advise you on the exact procedure and your available options to obtain it.
The notary is required to store your records in accordance with the Code of Practice rules.
ACCEPTABLE IDENTIFICATION DOCUMENTS FOR THE SIGNATORY: