Terms of Business
Introduction & Key Points
Why Choose a Notary?
A notary is often required when a document needs to be used abroad. The role of the notary involves a high standard of care, not only for the client but also for any parties relying on the document, including foreign governments and officials. These individuals are entitled to trust that the notary will ensure full compliance with all applicable requirements, both domestically and internationally, and rely on the notary’s records. Great care must be taken to avoid errors, fraud, alterations, and other risks.
I offer appointments during business hours and occasionally outside of regular hours in exceptional cases. I am also available for home visits or corporate client visits at their location. Additional charges may apply for travel time and expenses for off-site appointments. There may be times when I am unable to meet your required timeline or when I am unable to assist you. In such cases, I will inform you promptly and provide guidance to find an alternative notary.
Signatures
The notary should generally witness your signature. Please refrain from signing any documents before your appointment.
Documents to Provide in Advance
To save time and avoid errors, please provide me with the following in advance of your appointment:
- The documents to be notarized.
- Any instructions or letters regarding what needs to be done with the documents.
- Proof of identification.
Identification Requirements
You must present formal identification, preferably in this order:
- Current passport, or if unavailable
- A valid driving license (with photo) or national identity card.
If neither of the above is available, please provide at least two of the following:
- A government or police-issued certificate with a photo or other formal ID.
- A utility bill, credit card or bank statement (dated within the last 3 months) or a council tax bill.
Additionally, bring any other required identification mentioned in the documents you received, such as a foreign identity card. I may also ask for further identification, such as marriage certificates, if necessary.
Proof of Name
If the name on the document differs from the one you are currently using, or if there have been variations in your name, please provide relevant documents such as:
Birth, marriage, divorce certificates, or deed polls showing all names used.
Document Advice
I will provide guidance on the formalities for completing a document, but I will not offer legal advice regarding the transaction itself.
Written Translations
You must fully understand the content of any document you are signing. If the document is in a foreign language and you do not understand it, I may require a translation. If I arrange the translation, an additional fee will apply. If you provide a translation, the translator must include their name, address, qualifications, and a statement certifying the accuracy of the translation.
Oral Interpreter:
If there is a language barrier, we may need to arrange for a competent interpreter to be present during the meeting, which may involve an additional fee.
For Companies, Partnerships, and Other Entities
If signing on behalf of a company, partnership, charity, or other entity, additional documentation may be required, including:
- Proof of identity of the authorized signatory.
- A copy of the company’s letterhead.
- A letter of authority, resolution, or power of attorney authorizing you to sign.
For companies, additional documents may include:
Certificate of incorporation and change of name, if applicable.
Memorandum and Articles of Association.
Director and secretary details.
For partnerships, clubs, etc., relevant documents such as partnership agreements or constitutions may be required.
Notarial Charges and Expenses
Fees for notarial services are outlined below. If I need to pay third parties (e.g., legalisation fees, translation costs), I will obtain your approval and typically request payment in advance.
Charges
For simple matters, I will aim to provide a fixed fee, covering disbursements like legalisation, postage, and translation costs. For more complex matters, my fees will be based on an hourly rate of £250plus VAT, with a minimum fee of £80 plus VAT, plus any disbursements. The fee includes time spent on advice, preparation, communication, and record-keeping.
Payment can be made by cash or bank transfer, and is due when the document is prepared. I may retain documents until full payment is received.
If unforeseen issues arise, such as additional documents or changes in fees, I will notify you promptly.
Typical Stages of a Notarial Transaction
The steps involved in notarial transactions may vary, but typical stages include:
- Reviewing the documents and instructions.
- Liaising with legal advisors or other authorities as necessary.
- Verifying the identity and authority of the signatory.
- Confirming the authenticity of documents with issuing authorities, where required.
- Ensuring the signatory understands the document and is signing voluntarily.
- Preparing and affixing the notarial certificate.
- Arranging legalisation if needed.
- Storing copies of notarized documents in compliance with regulations.
Notarial Records and Data Protection
I am required to maintain a permanent record of notarial work. Your personal data is securely stored and used only for notarial services. My practice is registered with the Information Commissioner’s Office, and I comply with data protection laws.
1. Your instructions
Clear instructions are required. You must provide copies of any relevant documents and bring the originals to the appointment.
2. Fees
I will provide a fixed fee where possible, or fees will be based on the complexity, time, and urgency of the matter. The minimum fee is £80 plus VAT, payable in advance. I may retain documents until fees are paid.
3. Payments to third parties
You must prepay any third-party fees (e.g., legalisation or apostille fees).
4. Quality of service
I strive to provide efficient service. If dissatisfied, please let me know immediately. Details on how to make a complaint are available on the website.
5. Communications
I use email for communication. By providing your email, you consent to this.
6. Termination
You may terminate the agreement at any time with written notice. Fees will apply for work completed before termination. You have a 14-day cooling-off period to cancel under the Consumer Contracts Regulations 2013. If work begins during this period, you will be responsible for a proportional fee.
7. Anti-Money Laundering compliance
I must comply with anti-money laundering laws and require identification verification.
8. Responsibility and limitations on liability
I do not offer legal advice, and I am not responsible for actions or omissions by others. My liability is limited to £2,000, and I will not be liable for indirect losses.
9. Confidentiality, Records and Data Protection
I will respect the confidentiality of your information and comply with data protection regulations. Records are kept securely.
10. Law and Jurisdiction
These terms are governed by English law, and the courts of England have exclusive jurisdiction in all matters related to our relationship.
11. Professional Indemnity Insurance
The Notary maintains Professional Indemnity Insurance in accordance with the regulatory requirements of the Faculty Office of the Archbishop of Canterbury.
Professional indemnity cover is maintained at all times with a minimum indemnity limit of £1m for any one claim, or such higher amount as may from time to time be required by the Faculty Office.
12. Use of Technology, Devices and Artificial Intelligence
- 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.
- 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.