Terms and Conditions

Why do you need to see a Notary?

You have been told to see a Notary Public because you have a document that needs to be used abroad in a Foreign Jurisdiction.

Seeing a Notary is never a mere rubber-stamping exercise. The international duty of a Notary involves a high standard of care.

This is not only towards you the client but also to anyone who may rely on the notarised document and to Governments or officials of other countries.

Such people and organisations are entitled to assume that a Notary will ensure full compliance with the relevant requirements both here and abroad; and can rely on the Notary’s register and records.

Great care is essential at every stage to minimise the risks of errors, omissions, alterations, fraud, forgery, money laundering, the use of false identity and to comply with any other specific requirements.

Appointments

I offer appointments during business hours and occasionally outside of business hours in exceptional circumstances. I am also prepared to make home visits or visit corporate clients at their place of business. If the notarial appointments take place outside of my office I will make an additional charge to cover travelling time and expenses. Occasionally I may not be able to see you within the time frame you require, or I may decide that I am not able to act for you in which case I will advise you that that is the case and will provide you with the necessary information to locate an alternative notary.

Due to the nature of the work, there will not be a formal written contract. The contract is created when I accept your instructions. The meaning and limits of your instructions will be discussed at our first meeting. My fees will be agreed upon in our initial discussions by telephone or email. Documents will not be released until fees are paid in full. Any funds will be held in accordance with the Notaries Accounts and Practice Rules. Notaries have to comply with money laundering regulations and may need to see evidence of your source of funds.

The Notary should normally witness your signature in person, so please do not sign the document in advance of your appointment with me.

Documents sometimes require one or perhaps two witnesses in addition to the Notary.

This is common for some South African property documents; Indian Powers of Attorney and some American documents.

The witnesses have to witness your signature in the presence of the Notary so they will need to be present at the meeting.

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I can sometimes provide witnesses by advance arrangement (which may incur an additional fee) but if this is not possible you can bring the required number of witnesses with you provided that: -

i) They are over 18.

ii) They are independent to the transaction.

iii) They bring suitable proof of identity.

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Documents I may need to see in advance

I may need to see copies of the following documents in advance of our appointment:

The documents to be notarised (ideally in editable format, in particular if a public form document requiring redrafting or amendment);

Any instructions which you have received about what has to be done with the documentation to be notarised;

Your evidence of formal identification by way of the original of your current passport or, if not available, a current driving licence (with photo), national identity card, or other Government-produced photo identification, as well as evidence of your current address in the form of a utility bill, credit card or bank statement showing your current address.

You must also bring any other means of ID which may be referred to in the documentation which refers to you.

I may also ask to see further evidence of identity such as Marriage/Birth Certificates Grants of Probate etc. and will advise you if this is necessary.

In a case where the name on the documentation is different from names you or others are currently using, or there has been a variation in the form of spelling of any name, please provide as appropriate Certificates of Birth, Marriage; Divorce Decree; or Change of Name Deeds or Statutory Declarations showing all the different name variations.

Language

It is essential that you understand what you are signing.

If the document is in a foreign language which you or I do not understand sufficiently, or is drafted in public form in a language with which I am not sufficiently familiar, I may have to insist that a translation be obtained. If I arrange for a translation, a further fee will be payable and I will provide you with details of this. Furthermore, if neither you and I understand each other because of a language difficulty, we may have to make arrangements for a competent interpreter to be available at our interview and this may involve a further fee.

Corporate documents

If a document is to be signed by you on behalf of a company, a partnership, a charity, society or other corporate entity, there may be further requirements.

Please be prepared for these and please telephone me to discuss any point of difficulty before attending the appointment.

I shall need to see:

Evidence of identity of the signatory representing the entity (as listed above).

Evidence of the signatory’s authority to execute the document on behalf of the entity, either by law or in the form of an appropriate board resolution, power of attorney or signed minutes of the entity as appropriate.

Companies: In all instances, I will be carrying out various searches for example at Companies House, the London Gazette etc., because I need to see the Certificate of Incorporation and of any Certificates of Change of Name, The Memorandum and Articles of Association, Details of Directors and Secretaries and satisfy myself that the Company is in existence and not subject to restriction or sanction etc.

The cost of such searches will be reflected in the fees charged.

Partnerships/clubs etc: A Partnership Agreement, relevant Trust Deed or Charter or Constitution/Rules etc. will need to be produced.

Notarial fees and disbursements

Details of my fees are set out below:

My notarial fees are based on a current minimum hourly rate of £360.00 subject to a minimum fee of £90.

Please note that if I have to make payments (disbursements) on your behalf such as legalisation, courier, postage, translation, Companies House or General Register Office fees, or other costs such as travelling expenses, you will normally be required to make payment in advance in respect of such disbursements.

If the matter is straightforward I will endeavour to charge a fixed fee to include all charges and disbursements.

I currently do not charge VAT on my fees.

For more complicated or time-consuming matters my charges will be based on my minimum hourly rate of £360.00, subject to a minimum fee of £90.00, plus legalisation fees and disbursements.

The fee charged may include time spent on preliminary advice, drafting and preparation time, making and receiving telephone calls, emails and written correspondence.

Legalisation disbursements: Some documents require legalisation before they will be accepted for use in the receiving jurisdiction.

This is achieved by obtaining an Apostille through the British Foreign and Commonwealth Office and in addition some countries, require Consular Legalisation through the relevant Embassy or Consulate.

Legalisation costs and disbursements will vary depending on volume and timescale and I will advise on these as accurately as possible at the outset of the transaction.

Payment of my fees and disbursements are due when the document has been prepared, which I may retain pending payment in full.

Occasionally unforeseen or unusual issues arise during the course of the matter, which may result in a revision of my fee estimate.

Examples of this could include where:

· The client or receiving jurisdiction request or provide additional documents requiring notarisation or the client has not supplied all documents required to be notarised at the time of the fee estimate;

· Additional work such as translation, legalisation or redrafting is needed to meet the requirements of the receiving jurisdiction;

· Third party fees are adjusted to reflect external factors.

I will endeavour to notify you of any changes in the fee estimate as soon as possible.

Postage: If I need to post documents on your behalf, the documents will be sent by standard first class post unless otherwise instructed by the client. The client will be responsible for any additional postage costs over and above standard first class post. Please note that any documents posted by me on behalf of the client are posted at the client’s risk. If a document is therefore lost in the post, the Client will be responsible for any costs and disbursements incurred in the preparation and completion of any new\replacement document required.

Client’s money: I do not hold client’s money on account except where fees have been paid on account of third party costs such as for translations and legalisation.

Typical key stages of a notarial transaction

Each notarial matter is different and the requirements will vary according to whether the client is a private individual or a corporate body.

Some of the typical key stages are likely to include:

Receiving and reviewing the documents to be notarised together with any instructions you may have received;

Liaising with your legal advisors or other bodies to obtain the necessary documentation to deal with the notarisation process (e.g. information from Companies House or Foreign Registries, obtaining Powers of Attorney Board Minutes Letters of Authority etc.);

Checking the identity, capacity and authority of the person who is to sign the document;

If a document is to be certified, checking with the issuing authorities that the document/award is genuine. In the case of Academic Awards, this might entail checking with the appropriate Academic Institutions;

Meeting with the signatory to verify their identity and to ascertain that they understand what they are signing and that they are doing so of their own free will and ensuring that the document is executed correctly;

Drafting and affixing or endorsing a notarial certificate to the document

Arranging for the legalisation of the document as appropriate;

Arranging for the storage of copies of notarised documents in accordance with the requirements of the Notarial Practice Rules 2019.

Notarial records and data protection

When I carry out work for you, I am required to make an entry in my notarial register, which is kept by me as a permanent record of the transaction which will include evidence of your identity.

I may retain a copy of the Notarised documentation with that record; but pursuant to The Notarial Practice Rules (unless the Document is in Public Form), I am not obliged to.

Disclosure of copies of records of notarial acts: You acknowledge and agree that in accordance with the Notaries Practice Rules 2019, a copy of a notarial act in the public form or the record of a notarial act in private form preserved by us may, upon payment of a reasonable fee, be issued by us to any person or authority having a proper interest in the act. In accordance with the Notaries Practice Rules 2019, copies of notarial acts in the public form are preserved indefinitely and records of notarial acts in private form are preserved for 13 years.

My practice is a registered with the Information Commissioner’s Office. Reference Number Z1289568.

Personal data received from clients is held securely and not capable of being accessed externally. Data collected as part of notarial records is used solely for the purposes of meeting our professional legal responsibilities as Notaries Public. Please see my Privacy Notice.

Insurance

I maintain Professional Indemnity Insurance at a level of £1,000,000 per claim. I am a member of The Notaries’ Guarantee Limited which provides Fidelity Insurance at a level of £1,000,000 per claim. My maximum aggregate liability to you for any kind of breach of contract, breach of duty, negligence or other fault on my part, arising out of or in connection with the supply of notarial services, shall be limited to £1,000,000.

Termination and your right to cancel

You may terminate your instructions to me at any time by giving me reasonable written notice. All fees and disbursements incurred up to the date of termination will be charged.

Consumer Cooling Off Cancellation Period –Consumer Contracts Regulations 2013 (“CCR”):

Where the CCR apply (typically where you are an individual consumer and my contract with you was concluded either at or following a meeting with you or by a form of distance communication) you have a cancellation period of 14 days after the date you sign my retainer letter or the date on which you continue to give me instructions, whichever is earlier.

You can cancel your contract within the cancellation period by giving me a clear statement and I will reimburse all payments received from you by the same method that you used, at no cost to you, without undue delay, and not later than 14 days after the day on which you inform me of the cancellation.

If you ask us to begin work during the cancellation period, you can still cancel but you must pay me an amount in proportion to the work which I have performed and this proportion will not be reimbursed to you.

Termination by Me

I reserve the right to terminate my engagement with you if I have good reason to do so, for example, if you do not pay my fees or comply with my request for a payment on account or you fail to give me the co-operation, which I am reasonably entitled to expect.

Complaints and Regulator

My notarial practice is Regulated through the Faculty Office of the Archbishop of Canterbury:

The Faculty Office
1, The Sanctuary
Westminster
London, SW1P 3JT

Telephone: 020 7222 5381 Email: faculty.office@1thesanctuary.com
Website: facultyoffice.org.uk

If you are dissatisfied about the service you have received, in the first instance please contact me. If we are unable to resolve the matter you may then complain to the Notaries Society of which I am a member, who have a Complaints Procedure which is approved by the Faculty Office. This procedure is free to use and is designed to provide a quick resolution to any dispute.

In that case please write (but do not enclose any original documents) with full details of your complaint to :-

The Secretary of The Notaries Society, PO Box 7655 Milton Keynes MK11 9NR

Telephone: 01908 803527 Email secretary@thenotariessociety.org.uk

you have any difficulty in making a complaint in writing please do not hesitate to call the Notaries Society/the Faculty Office for assistance.

Finally, even if you have your complaint considered under the Notaries Society Approved Complaints Procedure, you may at the end of that procedure, or after a period of 6 months from the date you first notified me that you were dissatisfied, make your complaint to the Legal Ombudsman*, if you are not happy with the result:

Legal Ombudsman
P O Box 6806
Wolverhampton, WV1 9WJ

Tel: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Website: legalombudsman.org.uk

If you decide to make a complaint to the Legal Ombudsman you must refer your matter to the Legal Ombudsman within six months of the conclusion of the complaint process.

*certain kinds of commercial entities are not eligible to make a complaint to the Legal Ombudsman – please refer to the Legal Ombudsman Scheme Rules or consult the Faculty Office.