Notarial Authentication (Witnessing) of Signatures

Signature verification/certification/authentication on a document by a notary is mandated by Israeli law in a number of situations.

These include:

  • An irrevocable power of attorney in favor of a mortgage bank, empowering the bank to register the property to be mortgaged in the borrower’s name, and later also to register the mortgage, in the event that the borrower fails to perform these activities. This enables the bank to guarantee the payment of the mortgage.
  • An irrevocable power of attorney in respect to a new property (e.g. an apartment) in favor of a building contractor, empowering the contractor to undertake all of the registration formalities at the relevant land registration bodies(e.g. registering the building as a cooperative house (bayit meshutaf) in the Land Registry.

 

In view of the tremendous importance of these powers of attorney and because the rights of third parties are dependent on them, they will be irrevocable, meaning that they cannot be cancelled after they have been made. The special notarial stamp and seal on these documents is designed to prevent their forgery. By contrast, in other cases, which do not have such a significant impact on those involved, a regular (non-notarial) power of attorney may suffice, e.g. for the Municipality or cellular phone companies.

  • A power of attorney in favor of a relative or other third party, empowering such other person (the ‘agent’) to act on behalf of the ‘donor’ of the power, whether in general or for a specific purpose – for example:
    • to undertake banking transactions
    • to take any legal steps necessary to collect debts owed to the donor
    • to maintain/operate any business of the donor
    • to enter into binding contracts
    • to perform any other function (e.g. collecting mail) on the donor’s behalf

 

A power of attorney which is not irrevocable can, of course, be cancelled at any time, by giving notice in writing to the relevant institutions where it has been presented or is likely to be presented.

For the purpose of a notarial certification of signature, the signatory must present to the notary means of identification at the time s/he signs the document. Acceptable means of identification include a National Identity Card (teudat zehut) or passport.

The notary is required by law to confirm the identification of the person signing the document; hence the need for original identifying documentation.

To save time, it is recommended to e-mail a clear copy of the identification documents in advance of your visit.

If the client is unable to attend our offices, the notary can travel to his/her place of abode (including his/her home, office or even hospital bed where necessary) for a supplemental fee as prescribed by the law.

 

For further information and a quote, please contact us at:

Simon M. Jackson – Notary, Legal & Translation Services
0737-40-60-40 / 0545-742-374
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By Simon Jackson

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Posted in: Service - Notary Services

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