NOTARY In this section we explain what a Notary Public is. What services does a Notary Public offer? What function do they fulfill? Read more below.
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What is a Notary Public?
Above all, an appointment briefly means that a Notary Public helps companies and private individuals with special services that require a certain amount of trust. This mainly concerns, for example, the issuing of apostilles, authentications, witnessing of signatures, attestations of copies and various other checks of documents. Mainly, a Notary Public helps with issuing a so-called Apostille Stamp. Timothy Prellwitz has been appointed as a Notary Public by the County Administrative Board in Stockholm and has thereby helped the public throughout Sweden with services that a Notary Public can offer. The ordinance is for the municipalities of Solna and Sundbyberg – but is valid throughout the country.
What can a Notary Public help with?
- Help stamp Apostille on documents.
- Witnessing and certification of signatures
- Act as a witness when seals are placed or broken.
- Check and certify that copies match the original. E.g. passport copies.
- Through an Apostille certificate that an authority or person is authorized to take special measures, has a certain position, competence or the like.
Most common services
It is slightly different depending on the service that Notary Publics will assist with. Most commonly, an Apostille stamp must be issued on a document held by a private person. This may involve the person creating a foreign bank account, going through a property sale abroad or something else. It is common on these occasions for foreign authorities to require special documents to be stamped with an Apostille that only a Notary Public can provide a document with. It is also common for these actors to require a certified passport copy. To issue an Apostille, you do not need to physically visit an office, but the documents can be submitted by letter, stamped and then sent back to you.
Witnessing, certification and witnessing
Certain other services, such as for example authentication, certification of copies or witnessing of signatures, require a physical presence. This is so that the Notary Public can really certify that the right person has signed the documents. Therefore, on those occasions when you need to get a certified copy, witness a signature or authenticate a document, it is necessary that you are physically present and have a valid ID document with you. When it comes to certification and certificate of signature, a register extract from the Swedish Companies Registration Office also needs to be included. This is so that the Notary Public can correctly see who is the signatory. You can read more at the Swedish Companies Registration Office via this link .
When are these services needed?
It is most common for private individuals to turn to a Notary Public because they have been asked to do so in connection with contact with foreign actors in matters of an international nature. Different actors have different requirements for which service they need help with. It is therefore important that you, as a private person, clearly ask what form of certificate is to be issued. For example, is it about a witnessing of a signature? An endorsement? Or, the most common, an Apostille?
What can't a Notary Public do?
Notaries Public have many powers with their trust, but there are some services they are unfortunately not able to help with. Some information only the Swedish authorities can help with. It is important here to know that they do not work for the Swedish state, but only hold a trust to perform certain tasks with a state trust. There is a certain difference in this. They may charge a fee for their services within the framework of their own business, but are not employed by the state. We can explain it as that they act as the extended arm of the state in certain contexts.
Services that can be perceived as inappropriate, immoral or otherwise reprehensible may also not be carried out. The assignment means that it must be handled with good judgment and means that they may not perform services that are of a criminal nature or services that for various reasons cannot reasonably be requested.
General information about the Notary Public
That the state appoints a Notary Public has long been a tradition in Sweden and several other countries. The name comes from the Latin language and the direct translation is approximately “Public Notary” alternatively “Public Secretary”. In Sweden, it is the county administrative board that chooses and appoints which persons will receive the appointment. The task that the ordinance entails is not entirely clear, but can be read from Ordinance (1982:327) on Notary Public . The most important part that emerges from this ordinance is that, through the ordinance, they are authorized to issue Apostilles in accordance with the Hague Convention of October 5, 1961. This is above all the primary function that the Hague Convention has. Further important information that appears in the regulation is that the mission includes providing the public with certification and control over various information that is of a special nature. In summary, this can be explained by the fact that they have an objective control and certification function on behalf of the state.
The County Administrative Board appoints who is to be appointed
In every county there is at least one person who has an appointment. The size of the area over which the person is to have the appointment is up to the County Board, it is common for each municipality to appoint a person. In larger municipalities, mainly in the Stockholm area. For example, in Sundbyberg, Greater Stockholm, Gothenburg and Malmö it is common to have several appointments. Even if the task is determined for a certain area or a certain municipality, there is nothing to prevent the person from taking on tasks outside the specified area. The designated area shall be the primary area and the person shall be available there at all times, but this shall not preclude services at other locations or at a distance. In the area in which the person is appointed to operate, they are obliged to issue so-called ordinances at certain fixed opening hours at the public’s request. In other areas this obligation does not exist.
The assignment given can be either time-limited or indefinite. An assistant Notary Public can also be appointed, with the aim of taking the place of the regular Notary Public when the latter is vacant or prevented from serving for some other reason. In some areas, several assistants can even be assigned, where a certain order of turn is determined when they are to fill the place of the regular.
Who can become a Notary Public?
Not just anyone can become one, but the county administrative board makes relatively far-reaching demands. The person must:
- Completed law degree
- Possess sufficient language skills
- Show a certificate that they are not declared bankrupt.
- Otherwise be suitable for the assignment
In certain special circumstances, however, the County Administrative Board has the right to make an exception from point number 1. In reality, however, this is rarely brought up to date.
A Notary Public is a publicly appointed and authorized lawyer who has the right to verify and legalize documents and actions.
Using a Notary Public is important to verify that the document is authentic and valid. This is especially important in business and legal transactions, as it can provide both parties with added security and protection. It is often in connection with international matters that a Notary Public is required.
A notary public can verify a wide range of documents, including passport copies, contracts, business documents, marriage certificates and more.