Most countries require that important documents are not just in writing, sometimes signed, sometimes witnessed, but are also ‘notarised’.
This is not a requirement of the English legal system, so is not widely understood in England.
But anyone dealing with most other countries is likely to quickly be made aware of this.
Documents which require a notary are many and include:
- Prepare and authenticate powers of attorney for use overseas;
- Deal with purchase or sale of land and property abroad;
- Authenticate documents for immigration or emigration purposes, or to apply to marry or to work abroad, including authentication of professional and educational qualifications and preparation of capacity to marry via statutory declaration or oath;
- Authenticate company and business documents and transactions for foreign contracts or the formation of foreign subsidiary companies;
- Deal with documents relating to foreign wills and estate administration
What is a Notary in England?
In England, Notaries are appointed and regulated by the Court of Faculties of the Archbishop of Canterbury and can be located using its ‘Find a Notary’ facility.
Notaries, like other professionals and organisations in the UK-regulated sector, are required to carry out ‘customer due diligence’ in respect of their clients – so, when consulting one, expect to be asked to produce your photo ID and address ID.
However, The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (the ‘MLRs’) require the UK-regulated sector to apply enhanced customer due diligence in relation to high-risk third countries.
Regulation 33(4) says that the enhanced customer due diligence measures taken must include:
(a) as far as reasonably possible, examining the background and purpose of the transaction, and;
(b) increasing the degree and nature of monitoring of the business relationship in which the transaction is made to determine whether that transaction or that relationship appears to be suspicious.
Regulation (5) also says that, depending on the requirements of the case, the enhanced customer due diligence measures required may also include, among other things:
(a) seeking additional independent, reliable sources to verify information provided or made available to the relevant person;
(b) taking additional measures to understand better the background, ownership, and financial situation of the customer, and other parties to the transaction;
(c) taking further steps to be satisfied that the transaction is consistent with the purpose and intended nature of the business relationship;
(d) increasing the monitoring of the business relationship, including greater scrutiny of transactions.
Comment
On 26 June 2023, HM Treasury published an updated advisory notice on money laundering and terrorist financing (ML/TF) controls in high-risk third countries.
The updated advisory notice explains that the Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) Regulations 2023 come into force on 27 June 2023 and substitute the list of high-risk third countries specified in schedule 3ZA of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 with a new list.
How can Nelsons help
Martin Jinks is a Consultant Solicitor in our expert Commercial Property team and also a Notary Public.
For more information on the above subject, please contact Martin or another member of the team in Derby, Leicester, or Nottingham via our online enquiry form or call 0800 024 1976.
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