What Makes Notaries in England and Wales "Specialist Lawyers"?

Ask most people what a notary does, and you'll likely get a vague answer about "stamping documents." In reality, notaries in England and Wales occupy a distinct and tightly defined branch of the legal profession — one that stands apart from solicitors and barristers in status, regulation, history, and function.

So what actually earns a notary the title of "specialist lawyer"? It comes down to five distinct features.

a Tudor-era document with a royal wax seal on ribbon nods directly to the 1533 Ecclesiastical Licences Act origin and gives that authentic English/medieval feel rather than a generic office-notary stamp.

1. A Separate, Reserved Branch of the Legal Profession

Notarial activities are one of the reserved legal activities under the Legal Services Act 2007 — meaning only qualified notaries may lawfully carry them out. The Master of the Faculties is the sole regulator of notarial activities under the Act, and regulates notaries alone. A solicitor who is not also a notary cannot perform notarial acts, however senior or experienced they are. (The Faculty Office)

2. One of the Oldest Professions in English Law

Notaries represent the oldest and smallest branch of the legal profession in England and Wales. The jurisdiction was conferred on the Archbishop of Canterbury by the Ecclesiastical Licences Act 1533, transferring powers previously held by the Papal Legate to England — giving the profession an unbroken regulatory history stretching back nearly 500 years. (The Notaries Society; Wikipedia)

3. A Genuinely Small, Exclusive Profession

The Notaries Society represents roughly 770 notaries practising across the whole of England and Wales — a fraction of the number of solicitors or barristers, reflecting how selective and specialised the qualification route is. (The Notaries Society)

4. Distinct, Independent Regulation

The admission and regulation of notaries is one of the functions of the Faculty Office, with the Master of the Faculties as the approved regulator — a jurisdiction confirmed and enhanced by the Courts and Legal Services Act 1990 and the Legal Services Act 2007, and overseen at a higher level by the Legal Services Board. This sits entirely outside the SRA (solicitors) and BSB (barristers) frameworks — notaries answer to their own regulator, with their own rules, disciplinary process, and standards. (The Faculty Office — About; The Faculty Office — Responsibilities)

5. A Defined, Internationally Recognised Core Function

The principal role of a notary in England and Wales is to attest the authenticity of deeds and other legal documents for use abroad — a function that gives notarised documents standing and evidential weight in foreign jurisdictions in a way that ordinary certification cannot. (Regulated Professions Register)

The Bottom Line

Put together, these are the elements that justify calling a notary a "specialist" rather than just another type of lawyer: a reserved legal activity, a centuries-old and separate line of regulation, a genuinely small qualifying body, and a core competency — international authentication — that no other branch of the England and Wales legal profession holds.

About the Author

Sheikh Najam TEP is a City of London Notary advising private clients, corporates, and family offices on international tax, cross-border succession, and corporate legal structuring. A specialist regulated lawyer of England and Wales appointed under the Faculty of the Court of Faculties, he holds an M.A. in Tax Law from the Institute of Advanced Legal Studies, University of London, and the STEP Professional Postgraduate Diploma in Private Wealth Advice from CLTI at the University of Oxford. He is further deepening his specialisation in cross-border corporate and tax structuring through the LL.M. in European and International Business Law at the University of Vienna.