Brooke's Notary, 15th Edition

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Brooke's Notary, 15th Edition

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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
1. ORIGIN AND DEVELOPMENT OF THE OFFICE
2. FUNCTIONS, POWERS, DUTIES AND QUALIFICATIONS OF NOTARIES
3. THE COURT OF FACULTIES
4. CLASSES, APPOINTMENT AND TRAINING OF NOTARIES
5. FORMALITIES OF A NOTARIAL ACT
6. THE EVIDENTIARY STATUS OF NOTARIAL ACTS
7. BILLS OF EXCHANGE, PROMISSORY NOTES AND CHEQUES
8. POWERS OF ATTORNEY
9. AFFIDAVITS, DECLARATIONS AND SHIP PROTESTS
10. BOND AND DEBENTURE STOCK OPERATIONS AND SHARE ISSUE BALLOTS
11. EXECUTION AND PROOF OF DOCUMENTS FOR USE OUTSIDE THE UNITED KINGDOM
12. PRECEDENTS
13. APPENDIX 1 – GENERAL LEGISLATION
14. APPENDIX 2 – RULES AND REGULATIONS MADE BY THE COURT OF FACULTIES
15. APPENDIX 3 – UNITED STATES UNIFORM ACTS
16. APPENDIX 4 – HAGUE CONVENTION: SUMMARY OF REQUIREMENTS FOR PROOF OF IDENTITY
Nigel Ready is recently retired as Senior Partner at Cheeswrights, notaries public, but continues to practise as a consultant. He has served as the Chairman of the Notarial Committee of the Scriveners' Company and is an English delegate to the United Kingdom Notarial Forum and the European Affairs Commission of the International Union of Notaries.