23 December 2024
Is Online Notarisation Legal in the UK?
As technology evolves, many traditional services, including notarisation, are transitioning to digital platforms. Online notarisation, often referred to as eNotarisation, has emerged as a convenient alternative to in-person notarisation. But is this practice legal in the UK? Let’s explore the legal framework, current practices, and common questions around online notarisation in the UK.
The Legal Framework for Online Notarisation in the UK
The UK has taken significant steps to modernise its legal processes to accommodate electronic transactions. Here are the key legislations supporting online notarisation:
Electronic Communications Act 2000: This act confirms that electronic signatures can be legally valid, provided they meet specific criteria such as proving the signatory’s intent and ensuring document integrity.
(Source: Electronic Communications Act 2000)eIDAS Regulations (2016): Adopted from the EU framework, these regulations standardise electronic identification and trust services. They affirm the legal equivalence of electronic and handwritten signatures under certain conditions.
(Source: eIDAS Regulations)
While these laws provide a foundation for eNotarisation, the physical presence of a signatory before a notary remains a standard requirement for some documents in the UK.
Current eNotarisation Practices in the UK
The UK’s adoption of online notarisation has grown, but it is not universally accepted for all document types.
- Accepted Uses: Electronic notarisation is often used for corporate documents, contracts, and powers of attorney.
- Limited Remote Services: While some notaries offer video-conferencing services, certain documents—such as affidavits and statutory declarations—may still require in-person witnessing.
Notably, the UK Legalisation Office has introduced e-Apostille services, allowing for the electronic legalisation of public documents.
Benefits of Online Notarisation
- Convenience: Eliminates the need for travel, making it ideal for international clients.
- Efficiency: Faster turnaround times, especially for businesses requiring bulk notarisation.
- Flexibility: Allows clients to complete the process from their location via video conferencing.
Challenges and Limitations
Despite its advantages, online notarisation in the UK faces challenges:
- Legal Uncertainty: Not all jurisdictions accept electronically notarised documents.
- Technical Barriers: Reliable technology is needed to ensure secure and compliant interactions.
- Document-Specific Restrictions: Some documents still require traditional notarisation methods.
FAQs About Online Notarisation in the UK
Is eNotarisation legally valid?
Yes, eNotarisation is legal for certain types of documents, but full remote online notarisation (RON) may not be accepted in all cases.
What documents can be eNotarised?
We can notarise a variety of documents, including affidavits, real estate forms, contracts, powers of attorney and more.
What do I need to prepare for eNotarisation?
You’ll need a valid government-issued photo ID, the document to be notarised, and access to a computer or device with a camera.
Do all notaries offer online notarisation?
No, only some notaries in the UK offer online services. Availability depends on the notary’s expertise and the document’s requirements.
Our eNotary Services
Whether you’re an individual or a business, we offer a range of enotarisation solutions designed to meet your specific needs.
Sign and notarise documents online through a secure and easy-to-use platform, recognised and legally valid in many jurisdictions.
Our eApostille service ensures your documents are certified for international use quickly, securely, and entirely online, saving you time and effort.
We offer specialised notarisation services for businesses, including contracts, agreements, and other corporate documents.