Scotland

Notaries public have existed in Scotland since the 13^th century and developed as a distinct element of the Scottish legal profession. Those who wish to practice as notary must petition the Court of Session. This petition is usually presented at the same time as a petition to practice as a solicitor, but can sometimes be earlier or later.

Whilst notaries in Scotland are always solicitors, the profession remains separate in that there are additional rules and regulations governing notaries and it is possible to be a solicitor, but not a notary. They are also separate from notaries in other jurisdictions of the United Kingdom.

The profession is administered by the Council of the Law Society of Scotland under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

Notes:

distinct	отдельный; особый, индивидуальный; отличный (от других from)
petition	петиция; прошение, ходатайство; обращаться с петицией; подавать прошение, ходатайствовать
the Court of Session	Шотландский Верховный гражданский суд
the Council of the Law Society	Совет общества работников права

ANSWER THE FOLLOWING QUESTIONS:

1. Since what time have notaries public existed in Scotland?

2. What kind of practitioners can petition the Court of Session?

3. In what way does the notarial profession remain separate from other legal professions?

4. What entity is the notarial profession administered by?

5. In what way are Scottish notaries connected with notaries in other jurisdictions in the United Kingdom?

Task 17. Complete the following phrases.

1. ________ have existed in Scotland since the 13^th century.

2. Notaries public developed as __________ of the Scottish legal profession.

3. Those who wish to practice as notary _________ the Court of Session.

4. This petition is usually presented at the same time as a petition to __________.

5. Notaries in Scotland are always _________.

6. __________ additional rules and regulations governing notaries.

7. They are also __________ from notaries in other jurisdictions of the United Kingdom.

8. The profession is _________ by the Council of the Law Society of Scotland.

Task 18. Read Texts 3 and 4 again to trace the variations of the notary practices in England, Wales and Scotland. Which of the systems is more complicated or training intensive?

T ask 19. Read the text about the notaries in the U.S. and do the tasks following it.

UNITED STATES

In the United States a notary public is a person appointed by a state government (often the governor or the secretary of state of the state, or in some cases the state legislature) to serve the public as an impartial witness. Since the notary is a state officer, whether the jurisdiction is common law or civil law is determined on a state-by-state basis; Louisiana is the only civil law state. In most states, only qualified persons can apply for such an appointment, called a commission. Qualifications vary from state to state, but states often bar people with certain types of criminal convictions and/or below a certain age from being appointed, and applicants usually must pass an examination covering notary practices and law. The material for such exams is typically contained in a booklet published by the state. Some states also require a bond or insurance.

Notaries in the United States are much less closely regulated than notaries in civil law jurisdictions or in most other common law countries, typically because U.S. notaries have less authority. In the United States, a non-attorney notary may not offer legal advice or prepare documents (with the exception of Louisiana) and cannot recommend how a person should sign a document or even what type of notarization is necessary. In many cases, a notary cannot authenticate a copy of a document. The most common notarial acts in the United States are the taking of acknowledgements and oaths.

T ask 20. Read the supplementary texts given below and answer the questions that follow them.