What is a notary public, and when does a deed poll need one?

What does a notary public do?#

A notary public is a lawyer whose main work in England and Wales, in the Faculty Office's words, is to "attest the authenticity" of deeds and other legal documents for use abroad. Attesting is more than checking a copy against an original: a document a notary has attested under their seal can be accepted by courts and other bodies abroad without further checks of their own.

The Notaries Society lists the everyday work: preparing and authenticating powers of attorney for use overseas, authenticating personal documents for emigration, marriage or work abroad, and dealing with property and estates abroad. Notaries can also administer oaths and take statutory declarations. "Notary" and "notary public" are protected titles, which only someone qualified and registered may use.

Who appoints and regulates notaries?#

• England and Wales. Notaries are appointed by the Court of Faculties of the Archbishop of Canterbury and regulated by the Master of the Faculties, through the Faculty Office; the Legal Services Act 2007 names the Master as the approved regulator for notarial work. Every notary must carry insurance, keep clients' money separate, follow the Notaries Practice Rules and renew a practising certificate each year. Those admitted after 1985 have passed examinations, and new notaries work under an experienced notary's supervision. The Notaries Society counts about 775 notaries in England and Wales. Most are also solicitors, though they need not be.
• Scotland. A notary is a solicitor whom the Court of Session has admitted as a notary public, and the Law Society of Scotland keeps the register, under the Solicitors (Scotland) Act 1980.
• Northern Ireland. The Lord Chief Justice appoints notaries, who must be practising solicitors of at least six years' standing, and a solicitor who stops practising stops being a notary.

When does a deed poll need a notary?#

Only when it is going abroad and the authority receiving it asks for one. In the UK a deed poll is complete once it is signed in front of witnesses, and HM Passport Office's guidance says the witness need not be a solicitor or a commissioner for oaths. No UK organisation needs a deed poll notarised.

A foreign registry, consulate, bank or employer may want:

• a notarised copy, a copy of your deed poll certified under the notary's seal;
• a notarised signing, where you sign a deed or a declaration in front of the notary, who certifies that you did;
• an apostille as well, from the UK Legalisation Office, confirming that the notary's signature and seal are genuine. Some countries also want their own embassy or consulate to legalise the document.

GOV.UK's advice is to ask whoever wants the document exactly what they need, including whether it must be the original or a certified copy and whether a particular person, such as a UK notary or solicitor, must sign it. A legalisation fee is not refunded if the document cannot be legalised. Using a UK deed poll abroad covers apostilles in detail.

The notary will want your original deed poll and proof of who you are. The Faculty Office says notaries must check each client's identity, capacity and understanding of the document, and will not attest a document unless they have seen the original rather than a copy. For the same reason you generally cannot have a document notarised on someone else's behalf, even a relative's.

How much does a notary cost?#

Each notary sets their own fees. The Faculty Office requires openness instead: a notary's website should set out how fees are calculated, the services offered and normal timescales, their insurance and how to complain, so you can compare. When you instruct one, you should receive written confirmation of the fixed fee or the basis of charging, usually hourly, with an estimate, the work covered, likely third-party costs, VAT, and when the fee could rise.

The main third-party cost is legalisation. GOV.UK gives the Legalisation Office's fee as £45 a document for a paper apostille, plus return postage or courier, and £35 for an e-Apostille, and the Notaries Society notes that your notary may charge an extra fee for arranging it. In most cases you meet the notary at their office; the Faculty Office says some will visit you, at extra cost.

Can I use an online notary?#

Sometimes. In June 2026 the Faculty Office added a chapter on remote appearance to its Code of Practice, confirming that notaries in England and Wales may issue notarial acts for someone who appears by video rather than in person. The notary must be in England or Wales at the time and must not suggest that you were there in person. Before acting, they should either check that remote appearance is acceptable where the document is going, or warn you that it may not be and that you must check with the recipient. The chapter does not alter any legal requirement for a person making a statutory declaration to be physically present, or for a witness to be physically present when a deed is signed.

The Notaries Society adds that some notaries issue notarial documents in electronic form, which not every country accepts, and its Find a Notary search can filter for them.

Do I need a notary, or will a solicitor do?#

• A commissioner for oaths administers oaths and takes affidavits and statutory declarations. Solicitors and notaries can do the same.
• A solicitor can also certify copies, and GOV.UK's Legalisation Office accepts documents certified by a UK solicitor as well as by a notary. What a solicitor cannot do, unless also a notary, is carry out notarial acts.
• A notary can do all of this and add a notarial certificate under seal, in the established forms that authorities abroad recognise.

So if the authority names a notary, use one; if it asks only for an apostille, a solicitor's certified copy may be enough. For a statutory declaration used in the UK, HM Passport Office accepts one witnessed by a solicitor, a notary, a justice of the peace or a commissioner for oaths, among others.

How do I find a notary?#

The Faculty Office's Find a Notary search lists every notary entitled to practise in England and Wales, with any current disciplinary matter noted against the name. For Scotland, GOV.UK points to the Law Society of Scotland's Find a Solicitor search, and in Northern Ireland the Law Society of Northern Ireland publishes a list of notaries public. We are not notaries ourselves: we draft the deed poll that a notary then certifies or witnesses.