A foreign bank rejects a board resolution, a property purchase abroad is delayed, or an overseas agent asks for a certificate that is “notarised and apostilled”. These requests are common, but the answer to can company documents be notarised is not simply yes. It depends on the document, how it was signed, the authority of the person signing it and the requirements of the country where it will be used.

For UK companies, notarisation is usually required because an overseas authority needs confidence that the company exists, that its representatives have authority and that the document presented is genuine. A Notary Public can verify those matters and prepare the appropriate notarial certificate. Where required, the notarised document can then move on for an apostille or consular legalisation.

Can company documents be notarised for overseas use?

Yes. Many company documents can be notarised for use outside the UK, including documents produced by the company, official records and documents signed by directors or other authorised representatives. The notarial act may involve certifying a copy, witnessing a signature, confirming the capacity of a signatory or verifying a corporate resolution.

However, a notary does not simply place a stamp on paperwork. Notarisation is an evidential process. The Notary Public must be satisfied about the company’s identity, current status and the authority behind the transaction. This protects the recipient abroad, but it also protects the company from a document being signed or used without proper approval.

The receiving organisation’s instructions should guide the process. A registry in Spain, a bank in the UAE and a corporate counterparty in the USA may each ask for something slightly different. One may accept a notarised certified copy; another may require the original document, a specific form of wording, an apostille or full legalisation through an embassy.

Which company documents are commonly notarised?

Corporate notarisation is often needed where a company is opening an overseas bank account, buying or selling foreign property, setting up a subsidiary, appointing an agent, entering an international contract or participating in litigation abroad.

Documents regularly presented for notarisation include certificates of incorporation, certificates of good standing, memoranda and articles of association, Companies House filings, board minutes, shareholder resolutions, powers of attorney, commercial agreements and declarations made on behalf of the company. Banks and foreign regulators also commonly request notarised copies of registers of directors, shareholders or persons with significant control.

The right treatment differs by document. A certificate issued by Companies House may be notarised as a true copy after the notary has checked an appropriate source or original. A board resolution may need to be signed before the notary, with supporting evidence showing that the meeting was properly convened and that the resolution was passed. A power of attorney generally requires particularly careful execution because it delegates authority to act for the company.

Who can sign on behalf of a company?

This is often the most important question. A director may have authority to sign, but this is not automatic in every situation. The articles of association, a board resolution, the type of document and any restrictions on the company’s authority all matter.

Under English law, company documents are commonly executed by two authorised signatories, or by one director in the presence of a witness. Some documents can be signed by a sole director, depending on the company’s constitution and the execution method used. A foreign recipient may nevertheless insist on a particular format, such as two directors signing in front of a notary.

A Notary Public will normally ask for evidence such as current Companies House information, the company’s constitutional documents, identification for the signatories and a board resolution approving the transaction. If a person signs under a power of attorney, the original or a suitable certified copy of that power will usually be required.

A company seal is not normally necessary for a UK company. It may, however, be requested by the receiving country or be useful where the company’s own constitutional documents require one. It is sensible to clarify this before arranging execution, rather than discovering a local formality after the documents have been sent overseas.

What the notary needs to verify

The extent of the checks will depend on the document and destination, but the notary will generally need to establish the company’s legal existence, its current officers and the identity of those attending. They will also consider whether the signatory has the capacity and authority claimed.

For a straightforward certified copy, the process may be relatively quick. For a high-value overseas transaction, several layers may be needed: corporate records, a detailed board resolution, a review of signing provisions and checks on beneficial ownership. Providing complete information at the outset helps avoid avoidable delays.

Notarisation, apostille and legalisation are different stages

These terms are frequently used together, but they are not interchangeable. Notarisation is carried out by a Notary Public. It confirms matters such as identity, signature, authority or the accuracy of a copy, according to the notarial certificate used.

An apostille is then issued by the UK Foreign, Commonwealth & Development Office. It authenticates the notary’s signature and seal for use in countries that are parties to the Hague Apostille Convention. It does not replace notarisation where the receiving authority has asked for a notarised document.

Some countries do not accept an apostille alone. Documents for places such as the UAE, Qatar, Saudi Arabia and China may need further consular legalisation after the apostille stage. Requirements can also vary by document type and local authority. A document accepted by one branch of an overseas bank may not necessarily satisfy another branch or a government department.

This is why the wording of the recipient’s request matters. Ask whether it needs a notarised original, notarised copy, apostille, embassy legalisation or a combination of these. If the instruction is unclear, obtain written confirmation from the organisation abroad before the document is signed.

Can electronic company documents be notarised?

In many cases, yes, but electronic execution requires care. UK law can permit electronic signatures for certain corporate documents, yet acceptance abroad is a separate issue. The foreign authority may require wet-ink signatures, a physical notarial certificate or a paper document to be legalised.

Remote electronic notarisation can be appropriate where the recipient accepts it and the document can be executed securely. The notary still needs to verify identity, assess authority and retain an adequate record of the process. For documents going to a country with rigid legalisation rules, traditional in-person execution may remain the safer route.

A practical approach is to avoid signing first and asking questions later. Send the draft document and the recipient’s instructions for review before arranging the appointment. If amendments are required after notarisation, the process may need to be repeated.

Preparing for a company notarisation appointment

Directors and company representatives can make the process more efficient by gathering the documents that demonstrate both identity and authority. In addition to the document to be notarised, this often means current photographic identification, proof of address, Companies House details, the articles of association and a board resolution or written shareholder resolution where relevant.

Bring original documents where possible. If the request concerns a copy, the notary will usually need to see the original in order to certify it properly. If the company is part of a group, owned by an overseas parent or acting through an attorney, expect to provide further documents explaining the ownership and authority chain.

Urgent matters can often be accommodated, but speed should not mean assumptions. A notarial certificate that does not meet the foreign recipient’s stated requirements can cause more delay and cost than taking a short time to verify the route at the beginning.

White Horse Notary Public assists companies with notarisation, apostilles and legalisation for documents being used internationally, including urgent and digitally suitable matters. The most useful first step is to provide the document, the country of use and the exact request from the overseas recipient. That gives the notary a clear basis for arranging the correct formalities and helps your company’s documents arrive ready to be accepted.

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