Notary v Commissioner for Oaths in England: When Do You Need Each?
- S Najam
- May 18
- 4 min read
Many people in United Kingdom are confused about the difference between a Notary and a Commissioner for Oaths. Clients frequently ask:
“Do I need a Notary or a solicitor?”
“Can a Commissioner for Oaths notarise documents?”
“When is notarisation required?”
“What is the difference between a Notary Public and a Commissioner for Oaths in England?”
“Do I need a Notary for documents going abroad?”
“Can a solicitor certify my documents instead of a Notary?”
The distinction is very important because using the wrong professional can result in:
Rejected documents
Delayed transactions
Failed property completions
Embassy rejection
Additional legal costs
International legalisation problems
At Staple Inn Notaries and International Lawyers, we regularly advise UK and international clients on whether they require:
A Notary
A Commissioner for Oaths
A solicitor certification
Apostille legalisation
Embassy legalisation
This guide explains the difference under the law of England and Wales.
What Is a Notary in England and Wales?
In England and Wales, a Notary is a specialist lawyer appointed by the Court of Faculties and authorised to practise law throughout England and Wales.
Notaries are internationally recognised authentication lawyers whose primary role is to prepare, verify, witness, certify, and authenticate documents for use internationally.
A Notary’s signature and seal are internationally recognised by:
Foreign governments
Embassies
Overseas courts
International banks
Foreign lawyers
International companies
Notaries are regulated through the:
Faculty Office of the Archbishop of Canterbury
What Is a Commissioner for Oaths?
A Commissioner for Oaths is usually a solicitor authorised to:
Administer oaths
Witness affidavits
Take statutory declarations
Witness sworn statements for use primarily within England and Wales
Their role is generally domestic rather than international.
A Commissioner for Oaths does not usually:
Authenticate documents for overseas use
Issue notarial acts
Apply an internationally recognised notarial seal
Prepare documents for embassy legalisation
Arrange international authentication chains
The Main Difference Between a Notary and a Commissioner for Oaths
The key distinction is this:
A Commissioner for Oaths is primarily for domestic English legal use.
A Notary is primarily for international and cross-border legal use.
This is one of the most important legal distinctions clients should understand.
When Do You Need a Notary in England?
You generally need a Notary when the document is intended for use outside the UK.
Common examples include:
Foreign Powers of Attorney
Overseas property transactions
International company documents
Immigration documents
Visa applications
Foreign court proceedings
International banking documents
Documents requiring Apostille
Embassy legalisation
Certified passport copies for foreign use
Overseas inheritance matters
International trust documentation
Countries frequently requiring notarisation include:
United Arab Emirates
Spain
France
Italy
United States
China
India
Qatar
Saudi Arabia
When Do You Need a Commissioner for Oaths?
You generally need a Commissioner for Oaths for documents intended for use within England and Wales.
Common examples include:
Affidavits for English court proceedings
Statutory declarations
Sworn statements
Oaths relating to probate applications
Insolvency documents
Certain litigation documents
Name change declarations
Domestic legal proceedings
In many domestic English legal matters, a solicitor acting as Commissioner for Oaths is sufficient.
Can a Commissioner for Oaths Notarise Documents?
No.
This is a common misunderstanding.
A Commissioner for Oaths cannot issue a notarial act unless they are also separately qualified and appointed as a Notary.
Similarly:
Not every solicitor is a Notary
Not every Commissioner for Oaths is internationally recognised
Notarial authentication is a separate specialist legal qualification
Can a Solicitor Certify Documents Instead of a Notary?
Sometimes — but not always.
For UK-only purposes, solicitor certification may be sufficient.
However, many foreign authorities specifically require:
A Notary
A notarial seal
Apostille certification
Embassy legalisation
In those situations, ordinary solicitor certification is often rejected.
This is especially common for:
UAE documents
International Powers of Attorney
Overseas property matters
Foreign banking requirements
International corporate transactions
What Is Apostille Legalisation?
An Apostille is an international government authentication certificate issued by:
Foreign, Commonwealth & Development Office
The Apostille confirms:
The Notary’s signature is genuine
The Notary is properly authorised
Many foreign countries require notarised documents to then be Apostilled before acceptance abroad.
This is one reason why a Notary is often required instead of a Commissioner for Oaths.
Do Foreign Authorities Accept Commissioner for Oaths Signatures?
Often, no.
Many overseas authorities:
Do not recognise Commissioners for Oaths
Require notarisation instead
Require Apostille authentication
Require embassy legalisation
Using the wrong professional can therefore cause substantial delays and rejection.
Why Are Notaries Important in International Law?
Notaries play a crucial role in international legal systems because they act as trusted authentication lawyers whose signatures are internationally recognised.
A Notary’s role often includes:
Identity verification
Fraud prevention
Capacity assessment
Authentication of signatures
Certification of documents
International evidential authentication
Under English law, notarial acts also carry significant evidential weight internationally.
Common International Documents Requiring a Notary
Examples include:
Foreign Powers of Attorney
Certified passport copies
Overseas company resolutions
International adoption paperwork
Foreign university applications
International probate documents
Overseas property sale documents
Affidavits for use abroad
International trust documentation
Immigration documentation
Common Domestic Documents Requiring a Commissioner for Oaths
Examples include:
Statutory declarations
English court affidavits
Oaths for probate matters
Insolvency statements
Certain litigation documents
Name change declarations
Logo: Staple Inn Notaries and International Lawyers
Notary Services in Central London
International notarisation
Apostille services
Embassy legalisation
Certified copies
International Powers of Attorney
Corporate notarisation
Cross-border legal documentation
International private client legal services
We regularly assist:
Individuals
International investors
Companies
Overseas property owners
High-net-worth families
International businesses
Our office is located at:
Fox Court
14 Gray’s Inn Road
London WC1X 8HN
Appointments are available:
In person
Urgently where required
By prior arrangement remotely where permitted
About Sheikh Najam TEP
Sheikh Najam is a Central London Notary and STEP-qualified Private Wealth Lawyer advising UK and international clients on cross-border legal matters, international notarisation, trusts, estate planning, corporate structuring, and international dispute prevention and resolution.
His practice regularly involves:
International notarisation
Apostille and embassy legalisation
Cross-border estate planning
International Powers of Attorney
Corporate transactions
International private client matters
Overseas property transactions
For appointments and enquiries:
Website: International Notary UK
Book Online: Calendly Appointment Booking
Telephone: +44 20 3488 4195
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