In most civil law countries, notaries are trained legal professionals who play a role in commercial, financial, and property transactions as well as estate planning. Notaries also prepare and authenticate documents that may be used as evidence in legal proceedings. They are required to have a law degree, pass national exams, and participate in additional training. German notaries handle property transfers, marriage contracts, wills, and company formations, work typically performed by lawyers in other countries. Notaries in Argentina have similar responsibilities including facilitating real estate transactions and drafting wills. Notaries in China provide legal consultations related to the documents they authenticate. However, in Korea, also a civil law country, the functions of a notary are limited to preparing and authenticating deeds and other legal documents.
In common law countries, notaries have a more circumscribed, administrative role. For example, in Australia and the United States notaries administer oaths and confirm the identity of signatories to a legal document. They do not draft legal documents, offer legal advice, or authenticate the legality of documents. In some common law systems, including England and Wales, a notary can be licensed as a notary public, granting them additional powers such as verifying foreign documents and those used for international transactions. Notaries in India play a more expansive role. They are authorized to record evidence for courts and may serve as mediators or arbitrators for certain types of cases. There are no educational requirements to be a notary, though some countries require a training course.
In addition to domestic matters, the signature of a notary may be required for international transactions such as verifying the authenticity of documents used for international commercial matters or consular affairs.