The Responsibility and Public Status of a Notary in Israel
A certified notary in Israel holds great responsibility. The role of the Notary is one of utmost importance – notarization is needed to make many important documents official and accepted by the authorities in Israel and around the world. It is therefore in the interest of the public to ensure that the status of notary is maintained, so that notaries continue to act in accordance with the required standards.
The International Validity of Israeli Notarized Documents:
Notarization makes a document official according to Section 29 of the Evidence Ordinance, 1971. This is also the case in the laws of many other countries. In accordance with the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, to which Israel became a party in 1977, Israeli notarized documents are also recognized in other countries that are parties to the Convention and vice versa. More information about this may be found here.
A document that is notarized in Israel will be recognized outside of Israel after apostilization.
Notarization as Sufficient Evidence in Legal Proceedings:
Pursuant to Section 19 of the Notaries Law, 1976, notarization is recognized as sufficient evidence in legal proceeding, without the need for further evidence.
The Importance of a Notary’s Responsibility, as Expressed in Israeli Case Law:
In civil lawsuit (8) 11068/97, Abu Rakia v. Mahmoud (May 30, 2002), for example, Judge Bein decided that a notarized power of attorney will receive a presumption of correctness, as any action of a public authority receives. This decision shows that the status of notary is identical to that of a public authority (and, therefore, it follows that the notary acts as a representative of the State). In light of this status of notarized documents, it is clear that the role of notary holds great responsibility.
In disciplinary tribunal case 217/96, the District Committee of the Tel Aviv-Yafo Bar Association v. Anonymous, it was decided that notaries are required more than others to be extra careful and meticulous about every detail in the documents that they deal with.
In disciplinary tribunal case 9/06, Attorney General v. Anonymous, it was decided as follows:
“The Notaries Law grants notaries great power and responsibility. A lawyer may be appointed to be a notary after gaining (at least) ten years of experience in law. In contrast, a lawyer may be appointed to be a magistrate judge after gaining (at least) five years of experience as a lawyer. There is a reason behind this. The motivation in enacting this law was to ensure that any lawyer newly appointed to be a notary will not be too young but, rather, a senior respected experienced lawyer whose stamp authenticating documents and validating translations signifies that he does his job with full discretion and great care, not thoughtlessly.“
Judge Bachar also expressed his opinion in civil lawsuit 1802-08, Lazar Yitzhak and others V. Avraham Cohen and others, and stated that the importance of proper notarization, in the eyes of the law, cannot be emphasized enough.
The Responsibility of a Notary in Israel
A notary who is unfaithful to his trust, or who errs and does not make sure to act as required of a person in his role, may end up taking part in land theft, property theft abroad, and so on.
In light of the above, it is very important to make sure that your notary is an experienced professional who completely understands his duties and is well aware of the great responsibility that lies on his shoulders.
Make an Appointment with a Notary in the Central District of Israel or in Jerusalem
Do you need the help of a notary for signature authentication, notarial translation, or other services? Call to make an appointment with a notary in Jerusalem or Tel Aviv. Our law firm is at your service.
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:מאמרים מומלצים