terms & conditions

Typical Stages of a notarial transaction:

Each notarial matter is different, and the requirements and timescale will vary greatly according to whether the client is a private individual or a company, and in particular according to the processing times of third parties such as the Foreign and Commonwealth Development Office (FCDO), legalisation agents, translating agencies, couriers etc.

Some of the 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 document (e.g. information from Companies House or foreign registries, powers of attorney 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 would 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 all notarised documents in accordance with the requirements of the Notarial Practice Rules 2019.

Identification:

I will need to confirm your identity before I can notarise any documents for you or your organisation. I will therefore require electronic copies of all of the required documents as set out below, as soon as possible, and will additionally need to see the originals of these documents at our appointment.

For all clients, I will require:

• The documents that are to be notarised (including official translations) – please do not sign before the appointment, as I will need to witness your signature.
• Photographic evidence of your identity. This can include:
  
  • Your current passport; and/or
  • Your national identity card.
• Proof of your current address. This can include:
  
  • A valid driving licence;
  • A gas, electricity or other bill (mobile phone bills will not be accepted) dated within the last three months; and/or
  • A bank statement dated within the last three months.
• If the name on your document is different from the name you are currently using, or there is a variation in the form of spelling of the name, please provide, as relevant, documents showing the different names you use. These can include, as follows:
  
  • Birth Certificates;
  • Marriage Certificates or Divorce Decrees;
  • Change of Name Deed

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For clients representing a company, partnership, charity or club, there are additional requirements.

In each case, I will require:

• Evidence of identity (as above)
• A copy of the current letterhead (showing the registered office if it is a company).
• A letter of authority, minute, resolution or Power of Attorney authorising you to sign the document.

Additionally, Companies:

• Certificate of Incorporation and of any Change of Name, a copy of the Memorandum and Articles of Association, details of directors and secretaries. In all instances, I will be carrying out various company searches.
• If the company was incorporated outside the UK, evidence that the company is properly constituted in the country of constitution. This evidence can be supplied by the company’s accountant or legal representative.

Additionally, Partnerships, clubs etc:

• A Partnership Agreement or relevant Trust Deed; or Charter; or Constitution/Rules.

If you have any questions or queries regarding the above, please do not hesitate to contact me.

Responsibility

The international duty of a Notary involves a high standard of care, as Notarial acts are to be relied upon by clients, third parties and Governments or officials of other countries. My responsibility, therefore, is limited to advice on the formalities required for completing a document brought before me for notarisation. I will not be advising on or drafting documentation, or providing substantive legal input on the matter under consideration. I will not be providing foreign law advice.

Working Hours

I am available for appointments during normal business hours (9am to 5pm on Mondays to Fridays). However, I am able to offer appointments out of hours and on weekends – please note that this will incur an additional fee.

Appointments

Appointments will usually take place at my home address. However, I am also able to provide home visits or office visits – please note that I may charge an additional fee for travel expenses.

To save time, expense and mistakes, I will require the following to be sent to me in advance of the appointment:

• The documents to be notarised, as well as any official translations;
• Any letter, email or other form of instructions that you have received about what has to be done with the documents, as well as the contact information of whomever has provided this information;
• All identification documents as set out above.

Fees

If the matter is simple, I will endeavour to charge a fixed fee to include disbursements.

For more complicated or time-consuming matters, the fee will be based on my hourly rate of £250 per hour, subject to a minimum fee of £100. This fee may include preliminary advice, drafting and preparation time, making and receiving telephone calls, correspondence written and received in all formats, arranging legalisation and record-keeping.

I am not registered for VAT.

Disbursements:

You are responsible for all payments in respect of any expenses that I may incur on your behalf. Examples include:

• Fees incurred in dealing with the Foreign, Commonwealth & Development Office, and any Embassies, in the process of Apostille and Legalisation.
• Companies House search fees
• Agents fees
• Translation fees
• Travel expenses
• Courier fees
• Transmission fees/postage or special delivery costs

I will notify you in advance of all such disbursements prior to incurrence.

Payment:

Please note that I will require payment of my fee, including all disbursements, in advance of the appointment. Invoices will be issued through Xero.

Translations:

For documents that are not in English, I will require an official translation to be provided. If I arrange for a translation, a further fee will be payable as a disbursement, and I will provide details of this in advance.

If you arrange for a professional translation, the translator should add his/her name, address, relevant qualification and a certificate stating “Document X is a true and complete translation of Document Y, to which this translation is attached.”

Termination/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 applies (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 this document, 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 extra 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.

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Termination by me:

I reserve the right to terminate my engagement by you if I have good reason to do so, for example, if you do not pay a bill 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.

Liability:

I carry a professional indemnity cover of £1,000,000, which is the minimum level of cover specified by the Master of the Faculties. I therefore limit my liability to you to £1,000,000, unless you are injured or die as a result of my negligence, in which case my liability is without limit.

Regulatory Information:

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: www.facultyoffice.org.uk

Complaints:

If you are dissatisfied about the service you have received, please do not hesitate to contact me directly.

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

P.O. Box 7655

Milton Keynes

MK11 9NR

Email: secretary@notariessociety.org.uk

Telephone: 01908 803 527

Finally, even if you have your complaint under the Notaries Society Approved Complaints Procedure, you may at the end of that procedure, or after a period of 8 weeks 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

Telephone: 0300 555 0333

Email: enquiries@legalombudsman.org.uk

Website: www.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 from the conclusion of the complaint process.