Yes we can!
UK Notaries can help with US documents which require Notarization.
We have helped hundreds of American and non-American citizens with their US Notary requirements. You need to be careful though, many states have particular specifications (such as the need for an Apostille) but we can guide you on a state by state basis. Call us now or see below for more information.
Can I get it Done at the Embassy?
Yes, there is only one authority capable of providing US notary functions in London and this is the staff at the US Consulates who provide US Notary services in London, Edinburgh and Belfast. So if your agent in the States tells you that you need a New York, Californian, Florida, American, or other State Notary to Notarize your document in London, they are wrong.
The US Consulate Notary is, strictly speaking, operating on US soil. Only English qualified and regulated Notaries can undertake Notary functions in England and Wales. A New York, California, Florida or other State Notary would be committing a criminal offence by effecting a Notarial Act in this jurisdiction. This is set out in the UK Legal Services Act 2007 which provides that Notarial Services are ‘reserved activities’ to UK qualified Notaries.
The US Embassy Notary works by appointment only. We can only relay the experience which we hear from our clients and that is that appointments are hard to get and it is very time consuming when in the embassy. Nevertheless, you can check out their service here. If you cannot get an appointment with the US Embassy, we are competent and able to help you, please contact us for help.
In the United States, notaries are appointed to act by each state government to act as an impartial witness to the signing of important documents. The most common form of work which US notaries do is to take acknowledgements or oaths. The range of documents which we typically see from clients with US documents to be notarized in London are: quit claim deeds, warranty deeds, affidavits, powers of attorney including durable powers of attorney, letters of authorisation and letters of consent and documents in relation to property transfers and mortgages. Issuance of a passport to a minor is also a common form which needs to be notarized, this form is currently called a D2-3053 ‘statement of consent’. Click here for a link to the US State Department where you can download the form.
Usually documents for the USA only require notarization. However increasing Federal authorities and some States in respect of land and trust documents require an Apostille. As always, if you do not know whether or not you require an Apostille, please ask the person or organisation with whom you are dealing with, in the US, for clarification.
Apostille Hotspots in the US
From our experience Apostilles are often required for: (but please check with your lawyer or agent in the States)
California (click here for a link to para 1183 of the Californian Civil Code)
Texas (click here for a link to chapter 121 of the Texas Civil Practice and Remedies Code)
Florida (click here for a link to the Florida code).
Colorado (click here for a link to Article 12-55-203 of the Colorado Revised Statutes (the Notaries Public Act).
Delaware (click here for a link to the Delaware Code, para 4362, foreign Notarial Acts). The code states that if the foreign notary is authorised in his or her own country then that is acceptable in Delaware but an Apostille is conclusive evidence that the foreign Notary is genuine. We advise clients to check with their lawyer or agent in Delaware as to what is required for each specific transaction.
If you require an Apostille, find out specifically which documents require the Apostille as this may save you money on costs. Not all documents will require the Apostille, mostly those ones which will be filed with a public authority like a court or Land Registry.
To obtain an Apostille, the FCO has two offices. One which is no longer open to the public is at Milton Keynes. Which is now only accessible by post and one in central London and is open to notaries and registered business users. The general public cannot go there, but notaries can take documents there on behalf of clients needing a swifter service. So if you need an Apostille in person or same day Apostille, please contact us for this service. The current charge made by the Foreign & Commonwealth Office for Apostilles is set out here.
States that don’t require an Apostille
Our aim is to provide the most useful knowledge base for all things concerning Notarial Acts in the United Kingdom and we are adding to this knowledge base as and when we obtain the relevant information. Stay tuned for more information and if you know of the links to other relevant State Codes, please do contact us and let us know.
Ohio (click here for a link to the Ohio Code).
Michigan (click here for a link to the Michigan Code). Please note that Notarial Acts made outside the State must have two witnesses.
Forms of United Kingdom Acknowledgments
Clients and lawyers in the US, often ask us what are the forms of ‘United Kingdom Acknowledgments’, ‘Notary Statements for UK’ and ‘Notary Acknowledgement Forms England’. The simple answer to this is that they are largely the same as in the US, except that ‘state’ should be changed to ‘United Kingdom’ and ‘county’ should be changed to ‘Town/City’. Jurats are also fine to remain in the format used for notaries in the US.