Visiting a Notary and my Terms of Business

Introduction

1. Why a notary? It is almost always the case that you have been asked to see a notary because you have a document that needs to be used abroad. 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 the client but also to anyone who may rely on the document and to Governments or officials of other countries. These people are entitled to assume that a Notary will ensure full compliance with the relevant requirements both here and abroad; and to 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 so on.

I have availability during business hours but ever more due to Client demand undertake notarial assignments at their office, place of business or residential address. Appointments are strictly by arrangement.  I may not be able to see you within the timeframe you require, or I may decide that I am not able to act for you in which case I will tell you that that is the case and will provide you with the necessary information to locate an alternative notary.

2. Signatures: The Notary should normally witness your signature. Please do not sign the document in advance of your appointment with me.   If the appointment is at your home address and that is within the Greater Manchester area there will be no additional costs applied.

3. Papers to be sent to me in advance: It will save time, expense and mistakes if, as long before the appointment as possible, you can let me have the originals or photocopies of:

• The documents to be notarised;
• Your evidence of identification.
• Any letter or other form of instruction which you have received about what has to be done with the documents;

4. Correspondence:
My correspondence is predominantly conducted by means of e-mail. Where you have provided your e-mail address I shall take it that I can use that address to send you, unencrypted, all material of whatever nature associated with your enquiry or instructions. Unless you direct me otherwise I may also send such unencrypted material to other persons to whom I may have to refer in connection with the matter. I take reasonable steps to ensure that outgoing communications do not contain malicious software but it is to be your responsibility to carry out checks before accepting emails and opening attachments.

5. Identification: I will need you to produce by way of formal identification the original of (in preferred order):

• Your current passport (or, if not available);
• A current new driving licence (with photo) or national identity card.

If neither of the above are available, at least two of the following

• A current government or police issue certificate bearing a photo or other formal means of identification;
• A utility bill, credit card or bank statement showing your current address which should not be
  more than 3 months old, or council tax bill;

You must also bring any other means of ID which may be referred to in the papers sent to you as being required such as a foreign Identity Card. I may also ask to see further evidence of identity such as marriage certificates etc and will advise you of this if necessary.

6. Proof of names: In a case where the name on the document is different from the name you are currently using, or there has been a variation in the form of spelling of the name over the years, please provide me as appropriate with Certificates of Birth, Marriage or Divorce Decree or Change of Name Deed showing all the different names that you use. If there has been a change of name, then I will need to see a copy of the Deed Poll or Statutory Declaration which dealt with it.

7. Advice on the document: If you bring a document to me for authorisation as a Notary, I will advise you as to the formalities required for completing it. However, I will not be attempting to advise you about the transaction itself and I am unable to advise on foreign law.

8. Written Translations: It is essential that you understand what you are signing.

• If the document is in a foreign language which you do not understand sufficiently,
  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.
• 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.”

9. Oral Interpreter: If you and I cannot 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.

10. Companies, Partnerships etc: If a document is to be signed by you on behalf of a company, a partnership, a charity, club or other incorporated body, there are further requirements on which I may have to insist. Please be prepared for these and telephone with any point of difficulty before attending on the appointment.

In each case:

1. Evidence of identity of the authorised signatory (as listed above).
2. A copy of the current letterhead (showing the registered office if it is a company).
3. 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, which may have an effect on the level of fees charged.

Additionally, partnerships, clubs, etc:  A Partnership Agreement; or relevant Trust Deed; or Charter; or Constitution/Rules.

11. Notarial charges and expenses: Details of my charges are set out below. Please note that if I have to make payments on your behalf such as legalisation fees, translator or interpreter fees, or other costs such as travelling expenses, your approval to these will be obtained and you are normally required to make payment in advance of any such amounts.

Charges:

If the matter is straightforward I will endeavour to charge a fixed fee for the cost of my own work. This will be not less than £85.00. There is no VAT payable on the cost of my work. To give effect to even a simple transaction there may have to be outlay with others. I will give particulars of all outlay relevant to the particular instrument. That outlay could be the cost of obtaining Foreign and Commonwealth Development Office legalisation and or other legalisation, consular agents fees, courier fees, translating costs etc. Where there are options these will be considered, discussed and agreed. The aim is to make it clear to a Client from the outset what the cost of my work will be, what the outlay with others will be and the total sum to be provided for.

There will be more complicated matters perhaps involving research and investigation with agencies, undertakings and other professionals where the cost of my work is less predictable. If I cannot fix the cost of my work at the outset I shall say so. In those instances of complicated and or time-consuming matters the cost of my work will be based on my hourly rate of £275.00. There stands to be outlay with others also to be provided for.

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 additional documents are required to be notarised, additional translations or legalisations are needed to meet the requirements of the receiving jurisdiction, third party fees are adjusted to reflect external factors such as fuel price changes and so on. I will notify you of any changes in the fee estimate as soon as possible.

My Clients’ increasingly would have me undertake the notarial assignment at their office, place of business or residential address. I do not in these instances charge to travel to a Client address in Greater Manchester

Payment can be made by BACS, by cheque, or by cash. I do not accept payment by credit card.

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

12. Typical Stages of a notarial transaction: I aim to complete assignments in a timely manner and within the timeframe customary to the nature of the assignment.   Each notarial matter is different and the requirements and timescales 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, legalisation agents, translating agencies and couriers, etc, 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 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

13. Notarial Records and Data Protection:  When I carry out my work for you, I am required to make an entry in a formal register, which is kept by me as a permanent record. I will retain a copy of the notarised documentation with that record.  My practice is registered with the Information Commissioner’s Office. 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. My Data Protection Policy and Data Protection Privacy Notice are set out in full on separate pages of my web-site.
You are referred to my Data Protection Policy and my Data Protection Privacy Notice.

14. Money Laundering Compliance:  I am required by law to comply with anti-money laundering procedures. In the event of any suspicion of money laundering information will be made known to the appropriate authorities. I may be obliged to disclose without informing you in advance.

15. Insurance:  To comply with the Notarial Practice Rules and in interests of my Clients I maintain Professional Indemnity Insurance at a level of £1,000,000 per claim underwritten by Allianz Insurance Plc.

I am a member of The Notaries Guarantee Limited which provides Fidelity Insurance at a level of £1,000,000 per claim.

16. Use of Technology, Devices and Artificial Intelligence:
(1) To the extent that I use any automated decision-making technology, including artificial intelligence, in the course of my services, I do not rely upon the same without human intervention.
(2) Before using any new technology including artificial intelligence, I carry out an appropriate risk assessment to ensure that your rights are not adversely affected by the same.
My Artificial Intelligence Policy is set out in full on a separate page of my web-site.
You are referred to that policy.

17. 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 (“the CCR Regulations”): Where the CCR Regulations apply, most usually 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.
The CCR Regulations may be found here. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

18.  My Disclosure and Barring Service:  My Disclosure and Barring Service identification number is P0000J1BSRX.

19. 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 do not give me the co-operation which I am reasonably entitled to expect.

20. Governing Law and Jurisdiction: The terms and conditions of our arrangement and the provision of these Terms of Business shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts in the case of any dispute. If any provision of these terms is held by any court or other competent authority to be void or unenforceable in whole or part, these terms shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.

Complaints and Regulatory Information:

1. 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

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

3. 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.

4. 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 1023
Ipswich IP1 9XB
Email: secretary@thenotariessociety.org.uk

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

5. 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 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
Tel: 0300 555 0333
Email:  enquiries@legalombudsman.org.uk
Website: www.legalombudsman.org.uk

6. If you decide to make a complaint to the Legal Ombudsman, you must refer your matter to the Legal Ombudsman within one year from the act/omission or within one year from when you should reasonably have known there was cause for complaint.

I hope that the foregoing is of help to you in understanding what is expected of each of us.