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The key role of notary publics in preventing fraud

Notaries are often used to confirm that a document is genuine or to confirm the identity of a person or company. So how can they help prevent fraud?

Notaries are in every country (although qualification routes and roles differ, even within the UK) and they are usually the sole or one of a number of ways to do this. For example, the USA use notaries in many more scenarios than the UK does and they often have a short course to complete. However in Australia, citizens often use a Justice of the Peace to assist them.

A notary is normally only needed in the UK when you are told by an overseas firm that you need to use them, so many people haven’t heard of what we do. In short a notary is there to make sure that identification has been conducted properly. This can be in face-to-face meetings, checking passports and other identity documents to remote identity checking services.  Company verification is similar and the need to show that the correct director has the authority and permission to bind the company is important.

Fraud is prevalent everywhere unfortunately, and we need to protect our clients from this. Fortunately, issues of fraud don’t often occur, but some areas have higher risks. We look at things like the nature of the transaction and where it is taking place, is the person making the appointment the same as the one who will sign the document, is there any duress taking place? In person meetings are easier to help with identity verification and are often the only way notarisation can take place. It also aids conversation, which is invaluable to me, as it helps me complete my capacity checks and understanding of why a person is sat in front of me.

Documents, such as degree certificates can also be fraudulently produced, and it is big business for criminals. A person may see no harm in creating a fake degree certificate, but there are wider impacts that can occur as a result. This is why I will always verify a degree certificate, even if the recipient doesn’t need it to be done.

I have clients returning each year (sometimes more often) to prove that they are still alive so that they can claim an overseas pension which is to prevent pension fraud. The sale or transfer of shares in overseas companies or holdings, also need to be notarised.

Essentially, all work that is notarised in England and Wales will undergo scrutiny. My role is here to ensure that fraud is prevented wherever possible.