1.The Notary in Israel serves you abroad
Notary comes from the Latin word “notarius”, meaning “scribe”. It is “well-known” that the function of the notary is invested with a public and legal character, but what lies behind these notables?
1. It should be remembered that the Notary profession in continental Western Europe—where Continental Roman Law, based on the Napoleonic Code, is in force (for example, in France, Belgium, Switzerland, Luxembourg, etc.)—is a privileged, highly exclusive profession (a sort of guild).
Notaries there have a quasi-public function, and the conduct of their practice is strictly regulated. Even though they are professionally independent and their fees are paid by their clients according to prescribed fixed rates, they act impartially and in accordance with the law and very strict regulations.
Therefore, only notaries are authorized to draw up, under authentic seal:
• All real estate deeds (sale and acquisition of property);
• All deeds related to wills and inheritances (execution of estates);
• All legalizations/authentications of signatures, documents, deeds, and sometimes even statements and declarations of fact.
2. On the other hand, Anglo-Saxon Notaries, especially in the USA, have only a quasi-public function, open to almost everyone: their prerogatives are in fact limited to the legalization of documents or signatures, so that they have almost nothing left of the notary but the title; for a dollar or almost, any document is authenticated, any signature is certified, without any other procedures.
3. In Israel, the function of a Notary lies somewhere between that of a Continental Notary, which is rigid and formal, and that of a American Notary, which is flexible and public. Here, the Notary is independent (any lawyer can become one, under certain conditions, while combining both functions – lawyer AND notary). The key factors remain trust, experience, and uniform regulations.
The Notary’s prerogatives are primarily the legalization of documents, signatures, real estate deeds (purchase, sale, mortgage, etc.), certified copies, life certificates, wills, prenuptial agreements, and certified translations, as detailed below.
The fees for all these services are strictly imposed by the Israeli Ministry of Justice and adjusted in January of each year. On the other hand, in Israel, it is with the hat of a lawyer, and not of a notary, that the jurist deals with real estate deeds, wills and inheritances, basically the drafting and execution of agreements (and often even negotiations of a legal aspect).
B. The Notary in Israel
1. The granting of the title of Notary is governed by the Notaries Law 1976-5719: any lawyer who has practiced for 10 years (under certain conditions), at least a portion of which in Israel, may apply, subject to meeting other conditions regarding their proven integrity and completing a brief training course.
Notaries do not handle matters as such, but continue to do so with their lawyer’s hat on:
• inheritance;
• drafting wills;
• real estate deeds.
2. In Israel, however, only a Notary is authorized to:
• legalize any signature – whether of an individual or a legal entity – on any document (with some exceptions);
• authenticate a document or copy;
• or for certify the accuracy of a translation (indeed, there are no sworn translators in Israel);
• or even for confirm certain declarations, wills, and prenuptial agreements.
The main exception is the signing of a “power of attorney” signed by a client to their lawyer, which can be done in front of the latter without going through a notary.
Also in banks, the power of attorney (their specific form) must be signed in front of one of their agents, not a notary.
Abroad, signature certifications on documents required in Israel must be affixed by:
• The Israeli Consul of the signatory’s country (beware of language issues on all documents);
• Or by a local Notary with an Apostille (again, be careful of the language of the document to be signed);
• Finally, in certain cases (to be checked in advance with the Notary) and subject to any restrictions of local law, before an Israeli Notary visiting that country.
3. The rules that a Notary in Israel must follow in their work are dictated by the Law and its annexes, and are therefore quite rigid, although they are more flexible than in Europe.
4. It is important to emphasize that an Israeli Notary may certify client signatures on documents written in a language unknown to the signatory, as long as the Notary himself is fluent in that language, both in Israel and, where applicable, even abroad.
5. It should also be noted that, to date, the physical presence of the signatory before the Notary is mandatory, with no digital alternative such as video conferencing.
6. For the legalization of signatures, the authentication of documents or copies, the certification of true translations, the confirmation of declarations and wills, and even the issuance of duplicates, fees are set by the Ministry of Justice according to a strict scale (available upon request) and are paid by the interested party.
These fees are available, only in Hebrew, on the “Nevo” website, the official legal literature: https://www.nevo.co.il/law_html/law00/90738.htm
Or, only in Hebrew, on the website of the Israeli Ministry of Justice, in a copy of the January 2025 issue of Gazette 1161.
https://www.gov.il/he/Departments/DynamicCollectors/gazette-official?skip=0&limit=10&FolderType=3&BookletNum= 11611&SearchText=%D7%94%D7%95%D7%93%D7%A2%D7%AA%20%D7%94%D7%A0%D7%95%D7%98%D7%A8%D7%99%D7%95%D7%A0%D7%99%D7%9D
7. All notarial deeds are strictly and chronologically numbered, sealed with the signature and seal of the Notary, as well as with his medallion, to demonstrate conformity and authenticity; an additional original copy (non-payable) is kept by the Notary.
8. In accordance with international conventions (particularly the Hague Convention), any document notarized in Israel will be valid and “applicable” (with certain reservations) also in foreign countries that are signatories to the same convention, if the document bears the Apostille, the stamp of the Ministry of Justice—on the Notary’s deed—and/or the Ministry of Foreign Affairs—on the original or digital document.
See the list of member countries of the Hague Convention, Apostille at:
In Hebrew – https://www.gov.il/he/pages/list_of_countries_that_have_joined_the_hague_convention
In French –
https://www.hcch.net/fr/instruments/conventions/status-table/?cid=41
To verify an already issued Apostille, in English: https://eregister.justice.gov.il/
The Ministry of Foreign Affairs “Apostille” – in English – on Israeli public documents: https://www.gov.il/en/pages/document_verification
In some cases, the Apostille is not even required for the Notarial Act to be recognized in the foreign country.
C. Conclusion
The role of a Notary in Israel therefore differs significantly from that of a Notary in Europe: in Israel, he has two roles, sometimes acting as a Notary, but also retain his role as a lawyer, handling all agreements, real estate, and inheritance matters.
The prerogatives of a Notary in Israel are therefore legalization, authentication, and certification: in short, the seal of trust necessary for the use of certain documents and official acts, both in Israel and abroad.
We remain at your disposal for all notarial acts IL.
© Ms. Sally Zajfman 1996-2025 www.isralegal.com
