When we think of identity, we normally assume that this is the name in your passport, and often that is true for most people. People often change their name or use a nickname. I have had friends for years and not known the name I call them is not their official name, but a term of endearment. When you need to have a document notarised, the recipient wants you to do this to ensure that the right person has signed the correct document, understands it and will be bound by it. For powers of attorney, this means that the person or firm you nominate to act on your behalf will be your proxy and any action they take, will be your responsibility. When you sign an affidavit or declaration, the words written will be taken as the truth. While it is not my responsibility to fact check your statement, I will inform you that you are bound by what is written, and that any mistakes are yours to bear.
During our appointment, we will have a discussion to make sure you know what the document is and that you understand it. This is often apparent during the conversation and you may not notice the questions asked. I also check for duress, to make sure that you know why you have signed it and that you are not being forced to do so. The most apparent aspect of the initial process is where I check your identity documents. You need to bring in your original documents, your passport is best. UK driving licences can be used, but they are not accepted everywhere overseas. Identity cards are acceptable, and many overseas jurisdictions want the one they issued to you to be referenced, such as South Africa or Ukraine. The UK government has decided that they will no longer issue Residence Permits as a card. When we need these, you can send me a share code to prove your identity and I can then produce a pdf document that I can notarise. As this is a new method of verification, the format doesn’t have a lot of feedback at the date of writing this article. Some documents need a recent passport size photograph of you attached, this is most likely for powers of attorney in India. All of these factors point towards the same thing, your identification. It is crucial that the correct person is being bound by the document and no fraud is taking place. You will always need to present your original documents to your notary, who will check it in person and may run an identity check through a third party service provider.
Identity relates not just to people, but to corporate entities too. This is often paperwork available from Companies House (the Registrar of Companies for England and Wales) or agreements that are held by the company. Any important documents pertaining to the company, should be shared with your notary. Directors may need to sign a power of attorney or resolution in the presence of a notary. In these instances, it is not just the company, but the director, their role and their authority to bind the company that needs to be verified. If not readily available, these things can take time and effort to co-ordinate depending the size and formation of the company.
In essence, your identity (corporate or personal) needs to be verified by a notary so that the recipient can rely on it. Everyone that needs to sign a document with me, or where I need to prove your identity will need to go through the identification process. This will be for documents such as a proof of life for your overseas pension, to a power of attorney or an ID1 for the HM Land Registry.
If you have any questions, or need help with your identity verification, please don’t hesitate to contact me.