How is a Queensland Notary Public Appointed?
The appointment of a Queensland notary public remains under the authority of the Court of Faculties, London. The application process can be summarised as follows:
Initial applications are directed to the Council of the Society of Notaries Queensland Inc. The application must set out a valid reason behind such application. Discretion may be accorded on the basis of need and locality.
An applicant must be a solicitor of at least ten years standing. An authority permitting the Council to apply to the Queensland Law Society for the history of complaints against the applicant and the references of two (2) solicitors must accompany the application.
The Council of the Society of Notaries meets four times yearly to consider applications. Provided the Society is satisfied of the appropriateness of the appointment, the applicant will be notified of the Society’s support for application to the Court of Faculties.
Application is made to the Court of Faculties in London. The application must include:
- a memorial setting out details of the applicant and the basis for appointment;
- references from two qualified Notaries;
- references from 20 local business people;
- a certificate of the Registrar of the Supreme Court of Queensland that the applicant is on the Registrar of Solicitors; and
- a certificate of the Chief Justice of the Supreme Court of Queensland that the applicant would constitute a proper appointment.
- A review of this application will be conducted by the Secretary of the Society of Notaries Queensland, upon which a letter will be issued by the Society to the Court of Faculties London, confirming its support of the application.
The original documents are filed in the Court of Faculties, London.
The application is considered by the Master of Faculties, who is a judge of the High Court in England.
If the applicant is successful, the faculty will be sealed by the Archbishop of Canterbury and returned to the applicant for completion. The applicant is required to take an oath of loyalty to the Crown in front of either a Judge of the Supreme or District Courts of Queensland or a Bishop of the Church.
Once complete, the original faculty will be returned to London for filing in the Court of Faculties. A sample of the notary’s signature and seal will be retained by the Queensland Society of Notaries for entry into the Register of notaries. A second sample will be forwarded to the Department of Foreign Affairs and Trade.
The office of notary public is a lifelong appointment.