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LOCAL INFORMATION

4.2.2.L1
Notaries Public

Extent: Jersey
Updated 13 April 2015
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Words you may need to know

 

Notary Public – this is a legally qualified person who is able by experience and qualification to carry out certain legal duties. Not all lawyers are a Notary Public

Civil Law - law other than criminal, often referred to as private law

Power of Attorney - A legal right you give to someone to act on your behalf or manage your affairs

Jurisdictions – Places such as territories, bailiwicks, districts etc

Certifies – agrees they are original, accurate or legally correct

Affidavits - a sworn statement by someone

Migration - moving to another country to live

Unincorporated - a group of people with no legal status like a partnership or club

 

Some history

Notarial work comes from Roman law.  Notaries Public were in the beginning scribae (or scribes) who copied or translated documents for use in court trials and who, because of their knowledge and skill, took more of a role in public and private dealings.

Notaries Public are sometimes said to be members of the oldest branch of the legal profession.

For historic reasons, Notaries Public in Jersey are agreed by the Archbishop of Canterbury and are controlled by the Court of Faculties.  Notaries Public in Jersey, are not officers of the Royal Court of Jersey or members of, or controlled by, the Jersey Law Society.

Despite coming from the same profession, the role of Notaries Public in Jersey is different to that of “Latin” notaries in at least one important way – in civil law jurisdictions, few legal dealings can be carried out without needing a Notary Public and this is not the case in Jersey.

Duties and powers

A Notary Public is an officer of the law who confirms or certifies deeds or other documents for use anywhere in the world.

Documents include wills, powers of attorney, affidavits, declarations, etc…

The importance of Notaries Public in Jersey is not so much in the duties they carry out in Jersey, but the link they provide between organisations in Jersey and overseas.

Typical tasks

For Jersey purposes, the typical tasks of a Notary Public include:

(i) witnessing the swearing on oath of an affidavit;

(ii) witnessing the carrying out of a will or deed poll (e.g. to change your name);

(iii) witnessing the carrying out of a power of attorney which needs to be registered in the Public Registry under the Powers of Attorney (Jersey) Law 1995;

(iv) confirming that personal documents are original.

For international purposes, the typical functions of a Notary Public include:

(i) witnessing (or stating, confirming or certifying) a power of attorney for use overseas;

(ii) stating, confirming or certifying personal documents for use overseas (e.g. migration, marriage, property or estate purposes);

(iii) stating, confirming or certifying personal, company or business documents for foreign dealings.

This role which is carried out by the Notary Public is called “notarisation”.

Notarisation is often needed in international dealings where the identity and official role of the parties need to be checked so there is less risk of fraud.  There is much more demand for notarisation because of worldwide anti-money laundering and “know your client” requirements.

A document for use overseas must also sometimes be notarised to be accepted in that country.

Notarial acts

Notarisation will broadly take two forms:

(i) A notarial act in the public form:

This is where the Notary Public writes the whole document such as a notarial certificate which confirms that statements made in the document are true

(ii) A notarial act in the private form:

This is, usually, where the Notary Public simply adds his confirmation onto a private document signed by the client.

 

The Jersey Notaries Society

The Jersey Notaries Society is the unincorporated association which speaks on behalf of Notaries Public in Jersey.  The current joint secretaries of the Jersey Notaries Society are:

Shaun Ryan
Amidipharm Offices
1st Floor, Mielles House
La Rue des Mielles
St Helier
Jersey JE2 3QD

Tel: +44 (0) 1534 76304 / 300
Email:
This email address is being protected from spambots. You need JavaScript enabled to view it. This email address is being protected from spambots. You need JavaScript enabled to view it.

Advocate Natalie Sullivan is joint secretary with Shaun Ryan

Her details are:

Noirmont Consulting

La Fontaine

Le Mont Suzanne

S.L. JE3 1HH

Tel 789161

Mob 0779738393

e-mail This email address is being protected from spambots. You need JavaScript enabled to view it. 

Legalisation and apostille

Just like a Notary Public will check the identity and role of the person signing a document for use abroad, foreign authorities may want to check that the notary is who they say they are and is qualified to do the job.

This can be done in two ways (depending on whether the foreign country is a party to the Hague Convention of October 5, 1961):

(i) Apostille

This is the way in which, in Jersey, the Lieutenant Governor’s Office checks and confirms the signature and seal of the Notary Public.

The Lieutenant Governor’s Office is c/o States of Jersey Customs & Immigration Department, Maritime House, La Route du Port Elizabeth, St Helier, Jersey JE1 1JD.  A fee of £21.00 is currently charged for this service. The Notary Public will also be able to arrange this for an extra fee.

(ii) Legalisation

This is the way in which the government departments of the country in which the document has to be given, check the signature and seal of the Notary Public.  Charges and fees will be on a case-by-case basis.

It is usual for most countries, to accept the Apostille. This is the fastest and more cost-effective process.  The Notary Public will be able to tell you which is needed.

You should check beforehand if the foreign countries need this.  This is important as they may not accept a document you have had notarised without this.

Costs

A notarial act in the public form (see above) will usually be dearer than a notarial act in the private form (see above).  This is because the Notary Public will have to produce a notarial certificate.

A Notary Public will usually charge you for the number of documents being notarised rather than on how long something takes to do.  Because of this a Notary Public may be cheaper than a lawyer who will charge by the hour.

There are no set fees but a Notary Public should tell you beforehand how much they are going to charge.  It does not cost to get in touch and you can call those below to discuss what you need.

Jeffrey Giovannoni
c/o Voisin, Advocates, Solicitors and Notaries Public
Templar House
Don Road
St Helier
Jersey JE1 1AW

Tel: +44 (0) 1534 500300
Fax : +44 (0) 1534 500350
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

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Notaries practising in Jersey

6. Notaries practising in Jersey as at January 2015

Advocate E C G Bennett Bedells 814814
Mrs N Bennett   639687
Ms S E Blake   864341
Advocate P F Cubitt Sowden Crill Canavan 601700
Advocate A J Dessain Bedells 814814
Robert Harman Cornwall and Harman 766077
N A Jenner Le Gallais and Luce 07797821959
J J R Johnson Galsworthy and Stones 740120
Advocate D E Le Cornu Hanson Renouf 767764
Advocate A J Olsen Carey Olsen 822210
Advocate C Parslow Bedells 814814
Advocate S A Pearmain Appleby 818059
B K Pickersgill Pickersgill and Co 827766
Gio Pollano Mourant 609000
Mr P C P Scally Le Gallais & Luce 760763
Advocate Ian Strang Voisin 500300
Advocate C M B Thacker Viberts 888666
Advocate M Goulborn Bois & Bois 480480
P.J. Matthams Carey Olsen 822225
Shaun Ryan This email address is being protected from spambots. You need JavaScript enabled to view it. 764304 / 300 
Jeffrey Giovannoni Voisins 500300
Tanya Scott-Tomlin www.notaryjersey.com 504755
Keith Dixon Carey Olson 888900