What Is a Scrivener Notary, and Does Australia Have Them?

A scrivener notary is a notary in England and Wales who has also qualified in foreign languages and foreign law, traditionally serving the City of London. Australia has no scrivener branch. Australian notaries are appointed under state or territory arrangements, and for a document in another language the usual answer here is a notary working with a NAATI translator.

Key takeaways

• Scrivener notaries are part of the notarial profession of England and Wales, with extra qualifications in languages and foreign law.
• They must first be admitted as notaries in England and Wales, then pass the Scriveners' Company examinations and complete supervised training.
• Australia has no separate scrivener branch; notaries here are appointed under state or territory arrangements.
• An English scrivener title does not by itself authorise notarial acts in Australia.
• For a foreign-language document in Australia, a notary plus a NAATI certified translator usually meets the need.
• A civil-law notary overseas does different work again; ask the foreign authority exactly what form it wants.

What is a scrivener notary?

England and Wales have a small, old notarial profession. Notaries there are appointed by the Court of Faculties of the Archbishop of Canterbury, and the Faculty Office regulates them. Within that profession, scrivener notaries are a specialist group. According to the Worshipful Company of Scriveners, the City of London livery company that admits them, they are typically proficient in at least three languages, including English, and have academic or professional experience of the legal system of at least one other country.

That combination is the point of the role. A scrivener notary can prepare a notarial act in, say, Spanish or German, drafted in the form a notary in Madrid or Munich expects, and explain to an English client what a foreign document means. Historically they were concentrated in the City of London, serving merchants, banks and shipping firms trading with continental Europe, and they still describe their work as a link between the common-law system and the legal traditions of other countries.

How does someone become a scrivener notary?

The Scriveners' Company describes a staged path. A candidate must first be admitted as a notary public in England and Wales, which is a matter for the Faculty Office. They then take the Company's examinations in advanced notarial practice, the legal system of a foreign country, and two languages, covering legal drafting and translation into and out of English, with the second language as a subsidiary option. They must also complete a period of training or supervised practice, typically two years, either employed by a scrivener notary or supervised by one of at least five years' standing. Successful candidates are admitted to the Freedom of the Company.

Does Australia have scrivener notaries?

Not as a separate branch. Australia has one kind of notary public, appointed under state or territory arrangements: in most states and territories by the Supreme Court, and in Queensland through the Court of Faculties of the Archbishop of Canterbury, the same body that appoints notaries in England. Most Australian notaries are experienced solicitors. There is no Australian equivalent of the Scriveners' Company examinations, and no Australian notary is designated a "scrivener".

A person admitted as a scrivener notary in London who moves to Australia cannot act as a notary here on that title alone; notarial acts in Australia are performed by people appointed under Australian arrangements. DFAT keeps a database of Australian notaries' signatures and links to each state and territory's list of notaries from its notarial services page. That list, not a title, is what matters when DFAT comes to apostille the document. Our guide to notary rules by state explains how the arrangements differ.

Type of notary	Where	Typical work	Languages and foreign law
General notary	England and Wales	Witnessing, certifying, notarial certificates for overseas use	Not required
Scrivener notary	England and Wales, traditionally London	As above, plus acts drafted in foreign languages and forms	Examined in languages and a foreign legal system
Australian notary	Each Australian state and territory	Witnessing, oaths, certified copies, notarial certificates for overseas use	Not required; some notaries speak other languages
Civil-law notary	Much of Europe, Latin America and elsewhere	Drafts authentic instruments, checks legality, keeps the original	Works in the local language and law

How is that different from a civil-law notary?

This is where most confusion comes from. In France, Italy, Spain, Germany, much of Latin America and many other countries, the notary is a public official and a senior legal professional. A civil-law notary drafts the deed for a property sale or a company formation, checks that the transaction is lawful, reads it to the parties, and keeps the original in their protocol, issuing certified extracts. The notarial deed has special evidential force in that system.

A common-law notary, whether in England or Australia, usually does something narrower: they witness a signature, administer an oath or certify a copy, and attach a certificate saying so. They do not certify that the contents of a document are true. Scrivener notaries sit between the two worlds: common-law notaries by appointment, but trained to produce documents in the form a civil-law notary will recognise. Our guide to Australian, US and civil-law notaries compares the systems in more detail.

What do you use in Australia instead?

Most people who search for a scrivener notary have a practical problem: a foreign notary, registry or bank has sent a document in another language, or wants a document from them in a particular foreign form. In Australia, that is usually solved in one of three ways.

If you need to sign a foreign-language document, an Australian notary can witness your signature provided you understand what you are signing. Many notaries will want a NAATI certified translation, or an interpreter, so that they and you know what the document says. If the foreign authority wants a document in its language, a NAATI certified translator can translate it, and the translation can be bound with the notarised original. DFAT lists documents in a foreign language prepared by a notary in Australia among those it can legalise. And some Australian notaries speak other languages themselves, which can help, although whether they can prepare a certificate in that language depends on the notary and the authority.

Our guides to notarising a foreign-language document and NAATI translation with a notary cover these routes.

Why might a foreign authority mention one?

Sometimes the request comes from a law firm or bank that deals mostly with London, where scrivener notaries are the usual choice for continental work, and the instruction has simply been copied into a letter sent to you in Australia. Sometimes it is shorthand for what the authority really wants: a document drafted in its own language and legal form, not an English document with a certificate attached. Either way, reply and say you are in Australia. Ask whether an Australian notarial act, with a NAATI certified translation bound in and a DFAT apostille or authentication, will be accepted. Only the authority can say whether that package will do, and a written answer before you sign saves a second attempt.

Should you use a scrivener notary in London instead?

Only if you or the document are in England, or the foreign authority specifically asks for it. A notary can only witness signatures made in their presence, so a London notary cannot notarise a document you sign in Sydney. If you are in Australia, sign before an Australian notary, and the document will be legalised by DFAT, not by the UK's Foreign, Commonwealth and Development Office. An English notarial act is legalised in the UK, and an Australian one here; mixing the two usually means starting again.

How do you handle a foreign-language document in Australia?

1. Ask the foreign authority what form it needs. A signed document, a notarised copy, a bilingual document, or a translation?
2. Get a translation if you do not read the language. Use a NAATI certified translator so you, and the notary, understand the document.
3. Tell the notary in advance. Send the document and translation ahead, and say where it is going.
4. Sign before the notary. Bring your identity documents, and an interpreter if the notary asks for one.
5. Bind the translation if required. Ask whether the translation should be attached before the notarial certificate.
6. Legalise in Australia. Lodge with DFAT for an apostille or authentication, and check the HCCH table for the destination.

Common mistakes to avoid

The most common mistake is searching for a scrivener notary in Australia and assuming none can help when an ordinary Australian notary, working with a translator, is exactly what the job needs. The second is signing a document you cannot read because "the notary will check it"; the notary checks you understand it, and may decline if you do not. The third is posting a document to a London notary to "certify", when the signature has to be witnessed where it is made. Finally, expect the foreign authority to have its own view on translations: some accept an Australian NAATI translation, some want their own sworn translator.

Here is an illustration, not a real case.

Paolo, in Melbourne, is asked by a notary in Milan to sign a special power of attorney in Italian for an inheritance. He searches for a scrivener notary and finds none in Australia. Instead he has the draft translated by a NAATI certified translator, sends both to a Melbourne notary, signs before them, and has the notarised document apostilled by DFAT after checking Italy on the HCCH table. The Milan notary confirms beforehand that this form is acceptable.

In short

A scrivener notary is an English notary with extra qualifications in languages and foreign law, historically based in the City of London. Australia has no scrivener branch; its notaries are appointed under state or territory arrangements. For a foreign-language document here, an Australian notary working with a NAATI certified translator usually does the job, followed by DFAT legalisation. Our NAATI translation with notary page covers that combined route.

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