The role of the Notary Public

It is usually 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 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 and similar risks.

Service hours and location

I recognise that most notarial matters are urgent and therefore I work flexibly across weekdays, evenings and weekends.

I usually meet clients in Chelmsford in Essex or in the City of London. By prior arrangement I can arrange to meet clients at their homes or offices, in which case my fee will include travelling time.

Occasionally 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 advise you accordingly and will provide you with the necessary information to locate an alternative Notary.

Signatures

I will usually need to witness your signature, so please do not sign any documents in advance of your appointment with me.

Documents to be sent to me in advance

Prior to proceeding with any matter I will require you to provide me with:

• copies of the documents to be notarised;

• any email or letter you have received about what has to be done with the documents;

• your evidence of identification.

Identification

I will need you to produce by way of formal identification the original of your current passport or a current photo card driving licence or national identity card.

I may also require proof of address in the form of a current government or police issued certificate or a utility bill, council tax bill, credit card or bank statement showing your current address which should not be more than 3 months old from the date providing it to me.

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.

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 with all relevant legal documents showing the different names that you use (for example Certificates of Birth, Marriage or Divorce Decree or Change of Name Deed).

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.

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.”

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.

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, I will need to see further documents to establish that entity’s identity and status.

• In each case:

  • evidence of identity of the authorised signatory (as listed above);

  • a letter of Authority, Minute, Resolution or Power of Attorney, authorising you to sign the document.

• Additionally for companies:

  • certificate of incorporation and of any change of name;

  • a copy of the memorandum and articles of association;

  • details of directors and secretaries.

• Additionally for partnerships, clubs, etc.:

  • a partnership agreement; or

  • relevant trust deed; or

  • charter; or

  • constitution/rules.

Notarial fees and expenses

Fees

If the matter is simple I will endeavour to charge a fixed fee, plus any disbursements, subject to a minimum of £150 per matter. I do not charge VAT on my fees.

For more complicated or time-consuming matters the fee will be based on my hourly rate of £300 plus any disbursements. The fee charged may include time spent on preliminary advice, drafting and preparation time, making and receiving telephone calls, correspondence written and received in all formats, arranging legalisation and record keeping.

Disbursements

Notarial matters can attract a variety of disbursements such as legalisation fees, postage costs, consular agent fees, courier fees, travelling expenses, translator or interpreter fees, etc.

Some documents require legalisation before they will be accepted for use in the receiving jurisdiction by obtaining an apostille through the UK Foreign, Commonwealth and Development Office and, for some countries, additional legalisation is required through the relevant embassy or consulate.

I will give you a reasonable estimate of any applicable disbursements at the beginning of each matter. I will require your approval and payment in advance before paying any such disbursements.

Method of payment

Payment of all fees and disbursements is required in advance of any appointment unless otherwise agreed in writing. I reserve the right to cancel any appointment or to retain any documents prepared pending payment in full.

Payment can be made by bank transfer using the details at the bottom of my invoice.

Revisions of estimates

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

Typical stages of a notarial transaction

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, Commonwealth and 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.

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 a 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. Please see my privacy notice here.

Insurance

In the interests of my clients I maintain professional indemnity insurance at a level of at least £1,000,000 per claim.

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 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 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.

Regulation

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

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

Tel: 020 7222 5381
Email: Faculty.office@1thesanctuary.com
Website www.facultyoffice.org.uk 

Complaints

Client satisfaction is extremely important to me. If you are dissatisfied about the service you have received please contact me to discuss and I will look to resolve any issues to your satisfaction. 

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 1023
Ipswich IP1 9XB

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

If you have any difficulty in making a complaint in writing please do not hesitate to call the Notaries Society 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 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
PO Box 6167
Slough SL1 0EH

Tel: 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 one year from the act/omission or within one year from when you should reasonably have known there was cause for complaint.

Use of email

In order to deliver my services I may wish to send messages and documents to you by email. Like other means of communication, email is not entirely risk-free and carries with it the possibility (among other things) of corruption, inadvertent misdirection, non-delivery of confidential material, inadvertent deletion is or unauthorised access.

I believe that the use of email delivers worthwhile benefits in terms of speed, accuracy and efficiency of communications, and I recommend that where applicable it should be used in relation to the provision of my services in your matter. Accordingly, I shall unless you notify me to the contrary in writing, regard your acceptance of my terms as including your agreement to the use of email.

Relevant law

The contact between us is governed by English Law and it is agreed that any dispute relating to my services shall be resolved by the English courts.

Acceptance

Your continuing instructions will amount to acceptance of these terms.