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Brookes Notary

Brookes Notary
15th Edition
ISBN:  9780414089044
Published by:  Sweet & Maxwell
Publication Date:  20 Jul 2021
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

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

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CONTENTS

  • ORIGIN AND DEVELOPMENT OF THE OFFICE
  • FUNCTIONS, POWERS, DUTIES AND QUALIFICATIONS OF NOTARIES
  • THE COURT OF FACULTIES
  • CLASSES, APPOINTMENT AND TRAINING OF NOTARIES
  • FORMALITIES OF A NOTARIAL ACT
  • THE EVIDENTIARY STATUS OF NOTARIAL ACTS
  • BILLS OF EXCHANGE, PROMISSORY NOTES AND CHEQUES
  • POWERS OF ATTORNEY
  • AFFIDAVITS, DECLARATIONS AND SHIP PROTESTS
  • BOND AND DEBENTURE STOCK OPERATIONS AND SHARE ISSUE BALLOTS
  • EXECUTION AND PROOF OF DOCUMENTS FOR USE OUTSIDE THE UNITED KINGDOM
  • PRECEDENTS
  • APPENDIX 1 – GENERAL LEGISLATION
  • APPENDIX 2 – RULES AND REGULATIONS MADE BY THE COURT OF FACULTIES
  • APPENDIX 3 – UNITED STATES UNIFORM ACTS
  • APPENDIX 4 – HAGUE CONVENTION: SUMMARY OF REQUIREMENTS FOR PROOF OF IDENTITY

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