Brooke’s Notary is the standard work on notarial practice. It is a vital reference work, containing important information on notarial practice and procedure in England and Wales as well as many foreign jurisdictions.
Covers practice and procedure relevant to notaries in the United Kingdom and other common law jurisdictions
Examines the functions and powers of notaries
Covers the procedure for admission as a notary, the different classes of notary, and the training and appointment of notaries
Looks at the Notaries Practice Rules 2019 and other regulations governing the notarial profession
Discusses the formalities of a notarial act, explaining the essential elements
Considers the Money Laundering Regulations 2007 to which notaries are subject
Looks at the Court of Faculties, including the origins and exercise of its jurisdiction and its disciplinary powers
Provides coverage of powers of attorney, affidavits, declarations and ship protests, bond and debenture operations and share issue ballots
Outlines some of the leading features of the law relating to bills of exchange and other negotiable documents
Includes discussion of common issues as the role of the notary in electronic transactions and the impartiality of the notary in ensuring certainty in contractual relationships and other dealings
Includes English language precedents on bills of exchange, ship protests, notarial certificates and affidavits and statutory declarations
Provides French, Spanish, Portuguese, Italian and German language precedents of notarial acts
Covers the Rules made by the Master of the Faculties, including Practice and Discipline Rules
Discusses execution of documents by companies (domestic and overseas) and other bodies, including partnerships, charities, corporations sole, and UK Societates.
Covers regulatory developments post the Legal Services Act 2007
NEW FOR THIS EDITION
Covers Faculty Office rules made since last edition: including Conduct & Discipline Rules 2015 (as amended), Qualification Rules 2017, Practice Rules 2019
The anti-money laundering section has been updated and expanded in the light of the 2017 Money
Laundering Regulations and recent guidance for the legal sector
Impact of Brexit, particularly on cross-border enforcement of authentic instruments
Electronic execution of documents and remote online notarisation are new topics particularly relevant to notaries during the current pandemic
Commonwealth legislation has been updated
Coverage of developments in the United States, with particular regard to remote online notarisation under individual state legislation;
Legalisation requirements have been updated including recent accessions to the apostille Convention
Expanded and updated sections on Scotland, Northern Ireland and the Republic of Ireland
Updated section on public-form instrument requirements in France, Germany, Italy and Spain