Our firm provides professional notarial services through our Notary, Raoul Giudes.
The purpose of this article is to provide a very brief history about notaries and how that role has evolved into the modern Queensland Notary.
The original office of ‘Notary’ is said to have evolved in ancient Rome, that role continuing through the Holy Roman Empire with the decline of Rome.
In Catholic England, Notaries were closely associated with both civil and cannon law under the auspices of the Pope.
Apparently, with the passage of time, the power to appoint notaries evolved to the Archbishop of Canterbury by authority of the Pope.
When Henry VIII founded the Church of England, the power to grant a Notarial Faculty was assumed by a Court of Faculties, but still under the control of the Archbishop.
In Queensland, the appointment of Notaries occurs under the auspices of The Society of Notaries Queensland Inc., who obtain a certificate of fitness from The Chief Justice of Queensland, the Registrar of the Supreme Court and the Queensland Law Society.
The Applicant for appointment must also obtain a reference from a number of business people in the locality who can attest to his or her good character.
An Application is then made to the Master of Faculties in England who whilst relying on the recommendation on the Society of Notaries decides whether a Notarial Faculty will be granted to the potential Applicant.
If a Notarial Faculty is granted, then Department of Foreign Affairs and Trade (DFAT) is notified as proof that the Notary has appropriate Australian certification.
The modern role of Notaries relates to providing international Notarial Services in the execution of documents pursuant to the Hague Convention which a number of countries have subscribed to.
It is an easier process then dealing with countries that have not subscribed to the Convention.
There are a variety of foreign documents that Notaries either subscribe to or provide a Notarial Certificate for. Such documents can include a ships protest, Powers of Attorney, passports adoption documents and the like.
At all times, current picture ID should be provided so that the person requiring the notarial seal and subscription can be identified.
In relation to such foreign documents, the Notary has discretion to decide as to whether he needs an English translation of those documents.
The Notary can also qualify on that document that he or she is not responsible for its contents where he has doubts.
Depending on the foreign country requirements, payment of the appropriate fee, an apostille (being a certification that a Notary is a duly appointed Notary) is required.
In these circumstances, DFAT will become involved where the document in question is forwarded to DFAT either for an apostille or an authentication.