What to Bring to a Notary: Documents Required for Each Notarial Act
For any notarial act that requires the signatory to be identified, you attend in person, with photo identification and the document itself. Beyond that, the list depends on the act: anyone signing on behalf of a company or another person brings proof of authority to sign. For a certified translation you do not have to attend in person, because the certificate relates to the translation and not to a signature. It is advisable to bring the original document, in which case the certificate will state that the copy is true to the original. Where only a copy is available, the certificate will say so. A document in a language the notary does not command must be accompanied by a translation and a translator's declaration.
What should you bring for any notarial act?
Under regulation 2 of the Notaries Regulations, 5737-1977, before authenticating a signature, taking an affidavit or certifying that a person is alive, the notary must establish the identity of the person appearing before him. Identification is by the notary's personal knowledge, or by a passport, an identity card or another public document that bears your photograph and satisfies the notary. A copy of the document is kept in the notary's file.
- Valid photo identification for everyone who signs or makes a declaration.
- The original document, or the document you are going to sign. It is advisable not to sign it in advance.
- If the document was drafted by someone else (a bank, a foreign authority, a lawyer abroad): the instructions you received from them, including whether an apostille is required.
- Reading glasses, if you need them: before signing, you will be asked to read the document or to have its content read to you.
Power of attorney for a real estate transaction: identity card or passport only
For a power of attorney to carry out a real estate transaction, the rule is stricter. Regulation 2(b1) of the Notaries Regulations provides that identification must be by an identity card or a passport only. A driving licence or any other document will not suffice, even if it bears a photograph. Anyone living abroad who comes with a foreign passport should make sure that the passport is valid.
Signing on behalf of a company, a non-profit association or another person?
Where the notary is asked to certify that a person signed on behalf of a corporation or of another person, or as a guardian or trustee, the notary must first receive written evidence of the authority to sign (regulation 3). The evidence, or a certified copy of it, is kept by the notary, who states in the certificate who issued it and when.
- For a company: a resolution, or confirmation by an advocate or an accountant, as to the authorised signatories, together with an up-to-date company extract.
- For a guardian: the court order of appointment.
- For signature under a power of attorney: the power of attorney itself.
From what age can a minor sign before a notary?
The law sets no minimum age for signing. Every person is capable of legal acts (section 2 of the Legal Capacity and Guardianship Law, 5722-1962), and a person who has not yet reached the age of 18 is a minor (section 3). A minor of any age may sign, but a legal act by a minor requires the consent of the minor's representative (section 4). In most cases the representatives are the parents, who are the natural guardians of their minor children (section 14). An act done by a minor without such consent may be set aside (section 5).
Nor does the law set age thresholds, such as 14 or 16, for acts performed before a notary. The distinction is between three kinds of act: acts for which the parents' consent is sufficient, acts that also require prior approval under the law, and acts that a minor cannot perform at all.
| Notarial act | Minor (under 18) | Source |
|---|---|---|
| Authentication of a signature, an affidavit or an ordinary power of attorney | Possible, with the parents' consent | Sections 4 and 14 of the Legal Capacity Law |
| Sale, transfer, pledge or partition of an apartment; an act whose validity depends on registration; a gift other than a customary one; a guarantee; a transaction with the parents or their relatives | The parents' consent is not enough. Prior approval under the law is also required, and without it the act has no validity | Sections 7 and 20 of the Legal Capacity Law |
| Will | Not possible. A will made by a minor is void | Section 26 of the Succession Law, 5725-1965 |
| Continuing Power of Attorney | Not possible. Only an adult may give a continuing power of attorney | Section 32B(a) of the Legal Capacity Law |
| Certified translation of a minor's document | The minor does not sign anything, so there is no age restriction | Section 7(4) of the Notaries Law |
| Travel abroad by a minor | The parents sign, not the minor | See the dedicated page |
What does the notary check when a minor signs?
The notary first checks that the person before him has capacity to perform the act as far as age is concerned, on the basis of an identity card, a passport or another public document (regulation 4(a) and (b) of the Notaries Regulations). Where the act requires consent or approval under the Legal Capacity Law, the notary will certify it only if one of the following applies (regulation 4(c)):
- He has been shown a public document proving that the consent or approval was given.
- The parents gave their consent before him, when the minor signed.
- He has added a note to the certificate stating that the act requires consent or approval.
The consent or approval is set out in the notarial certificate, and a copy of it is kept in the notary's file. In any event, the notary will not issue a certificate unless satisfied that the minor is acting of his or her own free will and fully understands the significance of the act (regulation 4(d)). It is therefore advisable for the parents to come together with the minor, bringing their identity cards. Details on a minor's travel abroad are on the dedicated page.
Is the document in a language other than Hebrew or English?
A notary does not certify a document in a language he does not know unless it is accompanied by a translation into a language he understands, together with the translator's declaration as to the translator's command of both languages and the faithfulness of the translation (regulation 7(a)). The same rule applies where you do not understand the language of the document: it is first translated for you, and the translator makes a declaration to that effect (regulation 7(b)). In this office, certified translation is between Hebrew and English only, so a document in Russian, French or any other language must be accompanied by a translator.
Checklist by type of notarial act
| Notarial act | What to bring | Details |
|---|---|---|
| Authentication of a signature | Identification; the document, unsigned | Authentication of a signature |
| Notarial power of attorney | Identification; details of the attorney (the person receiving the power); for a real estate transaction: identity card or passport only | Notarial power of attorney |
| Certified Translation | The document, preferably the original; the spelling of names in English as it appears in the passport; no need to attend in person | Certified translation |
| Certified true copy | The original document | Fees |
| Life certificate | Attendance in person and identification; the form from the body requesting the certificate | Life certificate |
| Notarial will | Identification; details of the heirs and of the assets | Notarial will |
| Prenuptial agreement | Both partners, with identification; the draft agreement | Prenuptial agreement |
| Travel abroad by a minor | As set out on the dedicated page | Minor travel |
Can I send someone else in my place?
For authentication of a signature, an affidavit or a life certificate, no: these acts are performed only for a person who appears before the notary. For a certified translation, you do not have to attend in person. If you are unable to come to the office, you can arrange for the notary to come to you, at home, in hospital or at a care home, for an additional fee fixed by regulation.
Related reading: Notary fees | Authentication of a signature | Certified or ordinary translation | Minor travel
Questions and answers
Is a driving licence sufficient identification?
For most notarial acts, yes, provided it is valid and satisfies the notary: it is a public document bearing your photograph. For a power of attorney for a real estate transaction, no: only an identity card or a passport will do.
Do I need to bring a photocopy of my identity card?
No. The notary copies the document himself and keeps the copy on file, as the regulations require.
How much does a notarial act cost?
The fee is fixed by the Notaries (Service Fees) Regulations and is the same at every notary. The current amounts are in the fee schedule and calculator on this site.
Do I need an appointment?
Yes. Arranging an appointment in advance makes it possible to check that you have all the documents, and saves you a second visit.
Not sure which certificate you need? Let's start with a conversation
Tell us which authority the document is intended for and for what purpose, and we will tell you exactly which notarial certificate you need, whether an apostille is required and in what order, and how much it will cost under the regulations.