Best Notary

The modern legal and administrative environment requires, frequently, the presentation of documents with official validity, which have been authenticated by an authorized body.

The authorized body for granting this validity is the notary. The notary is a veteran and experienced lawyer, who holds a unique license from the Ministry of Justice, granting him unique powers to confirm, authenticate, testify and prepare defined legal documents. The notary's actions grant these documents the status of admissible evidence with legal weight, both before judicial tribunals and before authorities and administrative bodies, in Israel and abroad.

Notary services are essential in a wide range of situations, from international transactions, through immigration procedures and studies abroad, to inheritance matters and personal agreements. The notary's role is to ensure the reliability, authenticity and validity of the documents and legal actions performed before him, thereby strengthening legal certainty and protecting the rights of the parties involved. Choosing a recommended and professional notary is an important step to ensure proper and efficient handling of your affairs.

The Legal Framework for Notary Activities in Israel

The activities of notaries in Israel are regulated primarily through two pieces of legislation:

1. The Notaries Law, 1976

This is the central law regulating the status, powers, duties and mode of operation of notaries in Israel. The law establishes the conditions for obtaining a notary license, the actions that the notary is authorized to perform, the method of preparing notarial confirmations, and the supervision of notaries' work.

2. The Notaries Regulations (Service Fees), 1978

These regulations establish the fees that notaries are permitted to charge for the various services they provide. The fees are fixed by law and are not subject to negotiation, except for certain exceptions detailed in the regulations.

Who is authorized to serve as a notary in Israel?

Not every lawyer is permitted to serve as a notary. In order to receive a notary license from the Ministry of Justice, the lawyer must meet several cumulative conditions, including:

• Israeli citizenship or permanent residency.
• Membership in the Israel Bar Association.
• Experience of at least 10 years in practicing law in Israel (of which at least two years in Israel).
• Participation in professional training dedicated to notaries (or receiving an exemption from it).
• Absence of criminal convictions involving moral turpitude or disbarment from the Bar Association.
• Decision of a special committee (licensing committee) at the Ministry of Justice that the candidate is suitable to serve as a notary.

Only after meeting all these conditions and receiving an official license, may the lawyer present himself as a notary and perform notarial actions.

The Notary's Main Powers

The notary has a wide range of powers detailed in the law. Every notarial confirmation is prepared according to precise rules and bears the signature and official seal of the notary. The following are the most common notarial services:

Notarial Signature Authentication

Signature authentication is one of the central services. The notary confirms that the person signing a particular document was identified before him and signed the document of his own free will. Signature authentication is required for many documents, such as:

• Powers of attorney (general, specific, for banks for mortgages, for contractors in real estate transactions).
• Various declarations.
• Documents intended for submission to authorities abroad.
• Applications for foreign citizenship.

The notary is required to verify the identity of the signer (by means of identity card, passport, etc.) and to ensure that the signer understands the meaning of the document on which he is signing.

Certification of True Copy

The notary is authorized to confirm that a copy of a particular document is completely identical to the original document presented before him. This confirmation is necessary when there is a need to submit copies of official documents (such as birth certificates, marriage certificates, educational certificates, court judgments) to various bodies, while preserving the original document. The notary examines the original document, compares it to the copy, and confirms their identity.

Notarial Translation Certification (Translation Accuracy Certification)

This essential service is required when translated documents must be submitted to authorities or bodies in Israel or abroad. The notary can confirm the accuracy of the translation in one of two ways:

• If the notary himself is proficient in the source language and the target language at a level that allows him to translate or check the translation, he can declare this in the confirmation.
• If the notary is not proficient in the languages, he can confirm the declaration of a professional translator, who declares before the notary the faithfulness of the translation to the original.

Certification of notarial translation grants the translated document official validity and high reliability. Recommended notaries in this field will usually be proficient in several languages or have connections with certified translators.

Notarial Affidavit and Other Declarations Certification

An affidavit is a written declaration made under warning that the declarant must declare the truth and that he will be subject to the penalties established by law if he does not do so. The notary warns the declarant, verifies his identity and confirms his signature on the affidavit. Notarial affidavits are required in various legal and administrative procedures.

Proof of Life Certification

The notary confirms that a particular person appeared before him on a particular date and is alive. This confirmation is often required by bodies that pay allowances or pensions, especially to foreign residents, to ensure that the recipient is still alive.

Preparation of Notarial Will

The law allows the preparation of a will before a notary. A notarial will is considered to have strong legal validity, as it is made before an authority (the notary is considered an authority for this purpose), and the presumption is that it was made properly. The notary reads the content of the will to the testator, ensures that the testator understands its meaning and that this is indeed his will, and then the testator signs and the notary confirms the preparation of the will.

Prenuptial Agreement Certification

Couples about to marry can prepare a prenuptial agreement regulating their property matters. In order for a prenuptial agreement to receive legal validity, it must be confirmed before a family court, religious court, or before a notary. Notarial confirmation is a relatively fast and efficient way. The notary ensures that the spouses sign the agreement of their own free will and that they understand its meanings and consequences.

Additional Powers

In addition to the above, a notary is also authorized:

• To authenticate the accuracy of an inventory list: This service is required when there is a need for official and authenticated documentation of the contents of assets or property at a particular date, for example in inheritance procedures, partnership dissolution or asset collection. The notary confirms, after examination and physical presence (if necessary), that the prepared list faithfully reflects the inventory as observed or presented before him.
• To prepare protest of a negotiable instrument (such as a promissory note): Notarial protest is a formal procedure conducted when a negotiable instrument (such as a promissory note or bill of exchange) has not been honored, meaning it was not paid or received on time. The notary prepares an official document (protest certificate) testifying to the non-payment, an action important for preserving legal rights against certain parties to the instrument.
• To prepare documents or perform other actions when required or permitted by law, including foreign law: This power allows the notary to act in various situations where Israeli law, or even foreign law, requires specific notarial intervention or confirmation for a particular document or action. For example, preparing certain declarations required by foreign authorities, authenticating documents according to procedural requirements of another country, or any action established as notarial by law.

The Importance of the Notarial Document and Its Legal Status

A document confirmed or prepared by a notary has special legal status:

• Admissible evidence: Notarial confirmation constitutes sufficient evidence in legal proceedings, without need for additional evidence, for the identity of the signer, the date of signing, and the fact that the document was signed voluntarily.
• Presumption of validity: There is a legal presumption that the actions performed by the notary were done properly and validly, until proven otherwise.
• International use: Notarial documents, especially when they bear an apostille confirmation (see below), are recognized and accepted in many countries worldwide.

The Notary's Duties and Responsibility

The notary has many duties, and bears heavy personal and professional responsibility. Violation of these duties may lead to disciplinary sanctions and even tort liability.

• Definitive identification of parties: The notary must verify unambiguously the identity of the person standing before him and requesting the notarial service. Identification is done by means of identity card, valid passport, or previous and proven personal acquaintance.
• Understanding of the document by the signer: When authenticating a signature on a document, the notary must be convinced, as much as possible, that the signer understands the meaning of the legal action he is performing and the content of the document on which he is signing. If the notary has doubt, he must refrain from providing the confirmation.
• Maintaining a notarial register: Every notary is required to maintain a register (notary book) in which all notarial actions he performed are recorded, including identification details of service recipients, nature of action, date, etc. This register is kept for a long period and serves as backup and documentation.
• Maintaining confidentiality and ethical rules: A notary, like any lawyer, is required to maintain professional confidentiality regarding information that comes to him in the course of his duties. He is also subject to the Bar Association's ethical rules and specific rules applying to notaries.

When Will We Need Notary Services?

The need for notary services arises in a wide range of situations, for example:

• Submitting official documents to academic institutions abroad (matriculation certificates, degrees, transcripts).
• Immigration procedures, obtaining foreign citizenship or residence permits.
• Real estate transactions abroad requiring notarial power of attorney.
• Obtaining a mortgage from a bank, requiring signature authentication on a power of attorney.
• Filing lawsuits or legal proceedings abroad.
• Proof of life for receiving pension or allowances from foreign countries.
• Authentication of translations of legal documents, personal certificates, or commercial documents.
• Preparation of wills with enhanced validity.
• Confirmation of prenuptial agreements between spouses.

How to Choose a Recommended Notary and What Is Important to Check?

Choosing a notary is an important decision, as the quality of service and reliability of the notarial confirmation have significant implications. Here are several points for choosing a recommended notary:

• Valid license: Ensure that the notary has a valid notary license from the Ministry of Justice. This can be checked in the notaries database on the Ministry of Justice website.
• Experience and expertise: Although every notary is authorized to perform all notarial actions, certain notaries have more experience in specific types of confirmations (for example, translations in certain languages, international transactions). Look for recommendations for notaries recommended in your required field.
• Languages: If you need notarial translation certification, ensure that the notary is proficient in the relevant languages or works with certified translators in those languages.
• Professionalism and service: A recommended notary will pay attention to every detail, explain the process to you, and provide efficient and courteous service.
• Availability and accessibility: Check the notary's availability to receive you and the convenience of access to his office.

Notary Fees: What Does the Law Establish?

Fees for notary services are established in the Notaries Regulations (Service Fees), 1978. The rates are updated from time to time. A notary is not permitted to charge fees higher than established in the regulations, nor lower than them, except in exceptional cases defined in the regulations (for example, providing pro bono service to certain bodies). The rate is published and public, and you can ask to see it. Payment usually includes the fee charged for each action.

Apostille Certification – When and How?

When a notarial document is intended for use in a foreign country that is a signatory to the Hague Convention (Apostille Convention), usually an "apostille confirmation" will also be required. The apostille is confirmation given by an authorized authority in the country where the document was issued (in Israel, usually magistrate courts or the Ministry of Foreign Affairs, depending on the type of document), confirming the authenticity of the signature and seal of the notary (or other public authority).

The apostille exempts from the need for additional authentications (such as consular confirmation) in the destination country. It is important to understand that the notary himself does not issue an apostille on his confirmations. He prepares the notarial confirmation, and with this confirmation one applies to receive an apostille stamp from the authorized authority.

Summary

Notary services constitute an important layer in the legal and administrative system, and provide certainty, reliability and official validity to a wide range of documents and actions. Whether you need signature authentication, notarial translation, will preparation or any other notarial service, it is important to understand the process and choose a professional, reliable and experienced notary. Contacting recommended notaries will ensure efficient and proper handling of your affairs, and save you unnecessary trouble and complications.