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