Appointment of a Notary in Guernsey
Guernsey notaries are appointed by the Archbishop of Canterbury and regulated by the Court of Faculties. Any candidate must be a locally qualified advocate with more than 5 years' post-qualification experience and have undertaken additional exams to qualify.
Notarial acts
In many cases, documents such as powers of attorney, sworn statements, contracts, or certificates are drafted by foreign counsel and sent to Guernsey for execution before a notary. A notary may also be asked to certify true copies and verify personal documents for immigration, employment, or marriage overseas, including educational certificates or declarations of freedom to marry.
The notary's role extends well beyond simple witnessing. Verifying the authenticity of certificates or facts often involves detailed background checks. For example, when asked to notarise a register of shareholders, the notary must undertake a company search to ensure it is a going concern and must view the original share register, whether that is held digitally or in paper form at the registered office of the entity. Comprehensive checks must also be undertaken when asked to verify personal documents like educational certificates, given the risk of forgery or fictitious institutions.
Ultimately, the notarial certificate must accurately reflect what has been verified. In some instances, the certificate may confirm that a person attended an institution and received a qualification; in others, it may only state that certain documents were presented by a named individual who confirmed their authenticity before the notary. Whether this is an acceptable certification depends upon the receiving institution's requirements and the time and resources available to the notary to make any additional verifications.
Use of Notaries in Guernsey and Abroad
Domestic Use
In Guernsey, notarisation is rarely a legal requirement for documents governed by local law. However, some businesses and regulators may require notarised documents for client due-diligence or internal compliance purposes.
International Use
The role of the notary is particularly relevant for documents intended to have legal effect outside the Bailiwick. For such documents, it is essential to determine whether notarisation is actually required. Failure to do so can render a document invalid or unenforceable in the foreign jurisdiction. In most cases, a notarised document must also undergo legalisation (usually in the form of an apostille) to verify the notary's authority. In Guernsey, this process is handled by HM Greffe, with fees currently set at £40 for standard service or £80 for expedited processing.
Some consulates have additional submission requirements, such as separate legalisation certificates for each exhibit. These should be checked in advance to avoid delays and unexpected costs. Sometimes the additional requirements are not financially costly but are time consuming. By way of illustration on how practice can vary widely despite modern business processes, there is one consulate in London that still requests payment of the apostille fee by £15 postal order or cash, sent with the original document and a self-addressed envelope. They will not return the document via courier, nor accept payment by way of bank transfer or card payment.
Crown Copyright Restrictions
Certain official documents, such as birth, marriage, and death certificates, are protected by Crown copyright and should not be copied or notarised for third-party use. Notaries must obtain official copies and, where necessary, may append a notarial certificate to such documents if the receiving jurisdiction insists on a notarial stamp in addition to the registrar's legalisation.
Executing Documents Before a Notary
As noted above, the notary's function extends beyond witnessing signatures. They are responsible for verifying identity, legal capacity, authority, and understanding of the document being executed. This ensures the integrity of the transaction and creates a secure evidential record.
When acting for a company, the notary must conduct checks on both the individual signatory and the entity itself. This typically includes:
- Identity: Passport of the director or officer and verification of the company's incorporation (e.g. certificate, memorandum and articles of association).
- Capacity and Authority: Board minutes authorising execution, access to the directors' register and confirmation of authorised signatories.
- Understanding: A review of the document and brief discussion with the signatory to confirm comprehension.
In addition, company and litigation searches are often required to confirm the company's good standing. Notarial practice today demands thorough due diligence, far beyond affixing a seal to a signature.
Conclusion
In an increasingly interconnected world, the notary's role in Guernsey remains central to certain cross-border business. Far from being a mere witness, the notary provides essential legal assurance by verifying identity, authority, capacity, and the authenticity of documents to ensure their acceptance abroad. Whether facilitating international transactions, supporting litigation or enabling the recognition of personal documents overseas, the notary acts as a trusted intermediary between jurisdictions. As global standards evolve, so too does the scope and importance of notarial work, underlining its continued relevance in today's international legal and commercial practice.
First published by the STEP Journal and Trust Quarterly Review – August 2025
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
