The Notaries Society Annual Conference 19th September 2008
One always feels that notaries are much more elite profession than solicitors -, one thing there are many fewer notaries and they are always keen to share their experiences with each other. They are happy to recommend each other for work they cannot do themselves because frankly there is more work to go round than any of us could cope with. It was in such a pleasant atmosphere that we all met at the Lodore Falls Hotel on the 18th September. The evening meal was extremely pleasant and in very nice surroundings.


MyNotary member for Birkenhead Barry Holland with his wife Lois
The meeting commenced next morning after the usual formalities with an address by Dr Sheila Cameron the Master of the Faculty's Office. This was a fairly upbeat message to us all but we were all sorry to hear that there had been several complaints about notaries during the course of the year. Obviously, she has to take account of the forthcoming Legal Services Act and to make provisions for the regulation and discipline of notaries. We are very lucky to have someone on our side and she has stressed to the various authorities that notaries do not require any more regulation than at present.

Roger Patten then reminded us about money laundering and stressed the importance of the Money Laundering Regulations 2007 and how this Act relates to relevant business. The important thing to remember, he said, is that these regulations do not apply to work undertaken by the notary as a public certifying officer where he has no substantial role in the underlying transaction. However it is important to remember that those involved in more than just witnessing documents - such as the creation of companies - must bear in mind that anything other than pure witnessing comes under the heading of "relevant business". Fortunately the requirements of the money laundering regulations 2007 merely repeat what notaries have been doing for years - namely checking proof of identity and avoiding fraud which are two of the most basic functions of a notary. Mr Patten pointed out a useful definition in the court case of R v De Silva which states that suspicion is "thinking that there is a possibility, which is more than fanciful, that the relevant facts exist. A vague feeling of unease will not suffice". The underlying message of Mr Patten's speech was that at all times we should be vigilant and keep our wits about us in our work. Another useful point he made is that any work which can be done by a solicitor should be done as a solicitor; a notary should not try to circumvent artificially to more onerous rules of the solicitors' conduct code on conflict by acting as a notary. A notary may only act for both parties for the sole purpose of resolving a conflict of interest.


Conference dinner
Past president Michael Pulvermacher gave us an interesting account of how he spends his time as a country notary. Many of us continue to be amazed at how much travelling around he does. Most of us insist that the client come to us.

Nigel Harding gave an explanation of lasting powers of attorney but I think that most people are well conversant with this. Something new however is the subject of e notarisation which was explained by Michael Lightowler. He mentioned that there was publicity in "The Notary" newsletter and also by The MyNotary Network. The key to the success of this project would seem to be acceptance of the recognised GlobalSign standard by the Foreign and Commonwealth Office. As soon as the FCO give the go-ahead to this, the system will really be most useful for all notaries and their clients.


The president Thomas Hoyle
As to French law, a most interesting presentation was made by Sally Osborne of Penningtons. French law continues to be a mystery to most of us. In particular in French succession law it is important to remember that it is not the estate which is taxed it is a share each heir receives. Each heir is personally responsible for paying of his or her inheritance tax due on his or her share not the executors or personal representatives. There are important differences in a property purchase and English buyers should remember that the rights of children take precedence. A spouse cannot automatically leave French property to the surviving spouse by will if they are children.

All in all, a most useful conference- tax-deductible and CPD points as well! What more could we ask?!

Basil Preuveneers www.notary.co.uk
Member MyNotary