Another Interesting Notary Blog. Sort Of.

Another Interesting Notary Blog. Sort Of.

A few weeks ago I gave an example of the excitement which the Notarial profession can provide.

A world where such issues as “Shall We Use Blue Ink, Or Shall We Use Black” can really get the blood pounding through our veins.

No, really. – Link Here –

And the fun never stops.

Now such questions as to the necessary colour of ink might not be in the same league as the dilemmas faced by rocket scientists. [Or should that be Brain Surgeons? – Link Here – ]

But the fact remains that if something is not “right” – and whether anything is right or not is to be defined by the end-user, in Turkey, Kazakhstan or wherever – then its rejection will be the consequence. At the very least, money will have been wasted, but at most the consequences could be life-changing. A job application refused, a visa not granted, a trade mark not registered, a right to sit an exam in USA denied.

So just as with the blue ink – black ink problem in Hungary, we Notaries have to be on our toes.

Most of the time, it’s just knowledge we need. The sort that experience brings, rather than what the textbooks contain.

Examples:-

To apply to marry in Italy, if you’re American living in England, you need two witnesses to your application.

On the other hand if you are Australian, you need four! Is there some tradition of Australian bigamy in Italy?

Or we can be faced with the “Catch-22” requirements of the Chinese consulate. A colleague Notary has a client wishing to purchase an interest in land in China. Since he is married in England, he is required to produce a notarised English marriage certificate stamped at the Chinese Consulate in London.

The Chinese Consulate takes the view that his spouse must sign the application for their stamp. Not a problem in this case, but what if the couple had become estranged or hostile to each other? No spouse signature, no stamp.

A client of mine wishes to issue proceedings in China against the assets there of an English Company. Not unreasonably the Chinese Court requires evidence that the company exists in England and that the Directors are the Chinese men named in the Court proceedings. The evidence it requires is a notarised certificate of the English Company House details. With UK Foreign Office stamp and with Chinese consular stamp.

But – the London Chinese Consulate will not stamp the certificate without the application of the Company Directors to do so. Because they are Chinese and the certificate affects them. As if those persons will sign an application to assist my client who wants to sue them, yeah right.

Finally, for this blog, a continuing phenomenon which seems to be on the rise, certainly it has not gone away since my 2015 Blog – link here – whereby foreign lawyers are sending Affidavits of truth to be sworn and notarised but which contain patent untruths!

Increasingly, clients come to us with incomplete documents which their lawyers abroad have asked them to swear on the basis that they will either fill in blanks, or add exhibits, when the sworn affidavit is returned to them.

I have even seen a client who has brought in a page numbered “20” with a request that I witness his signature and notarise.

“What is it though?”, I ask – “It’s the last page of my mortgage, you just need to say you saw me sign it.”

And so I asked

“Have you even read the full text of the mortgage, you know, stuff like the amount of the debt, or the interest rate?” – “No my solicitor is sorting all that out.”

I tell you true, it’s a laugh a minute here in Notary land.

Of course, whether your documents are riddles wrapped in foreign enigmas, or a bit less complex, either way, – Bring them here and we will sort them out for you.

Remember, if you require our services or if you have any queries on any of the services that we offer then please so not hesitate to email us louise@atkinsonnotary.com and notary@atkinsonnotary.com.

Or alternatively please telephone on 0113 8160116 or 07715608747. Please also feel free to visit our website http://www.atkinsonnotary.com

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