Terms of Business

  1. I may agree with you a fixed fee for straightforward transactions, however, I reserve the right to adjust this if the matter becomes more complicated or time-consuming. I may also vary the hourly rate in urgent cases or matters undertaken outside normal office hours or at the weekend. My fees do not include VAT as I am not VAT registered as a notary. My minimum fee is £60.

  2. When my work is charged on time basis the fees will be based on the time spent on all work undertaken on your matter from start to finish calculated at the current rate of £200 per hour. This may include the following: preliminary details and advice, preparation (such as checking and dealing with documents, drafting, completing or correcting the documents, binding the documents securely and dealing with any special requirements of the foreign country), attendances, drafting, phone calls, correspondence (including emails, letters and faxes), copying documents and completing the notarial register and protocol. Letters, phone calls and e-mails are charged at a unit time-cost of 6 minutes per item unless recorded as longer.

  3. You may be required to pay disbursements (such as courier fees, company searches and postage) and legalisation or translation fees where applicable. You will be required to pay for these in advance, but your consent will be sought before any such fees are incurred.

  4. If you give instructions on behalf of another person, company or organisation I will treat you as responsible for my fees unless or until the other person confirms that that person is my client.

  5. My fees are payable on presentation of an invoice, before any completed documents are given to you. I reserve the right on the conclusion of the work, unless I agree otherwise, to retain and hold all documents until I have been paid.

  6. My responsibility as a Notary Public is to the document itself and to establish that you have sufficient capacity to understand what the document is intended to achieve. I have to be satisfied as to your identity, your legal capacity, your authority and your understanding and approval. I shall try to ensure that the document, in the manner of its execution, its form and substance, will achieve its purpose; I must be satisfied that it is your voluntary act and that no fraud, violence or duress are involved and that other stipulated formalities either under English or foreign law are observed. I can refuse to undertake the matter if I am not satisfied with any one of those things.

  7. Where I need to qualify any certificate I give or statement I make because I am unable to obtain independent verification I accept no liability whatsoever if as a result of the qualification the document is not accepted for the purpose it is intended.

  8. I am not providing legal advice in respect of the document and you are advised to obtain your own legal advice. Unless I am instructed to prepare documents on your behalf, if you produce a document to me it is your responsibility to ensure that the document is fully filled in or completed except for any signatures which will have to be done in my presence.

  9. As a Notary Public I am required to write details about you and the transaction in my Register and keep copies of identification documents and the notarised documents in my Protocol. Other than as required by my professional rules I will not allow access to a copy of your document and will not discuss the detail of the work I have undertaken without your consent.

  10. I accept no liability for the actions of third parties who I instruct to act on your behalf such as consular agents and couriers. Documents sent by post or by courier are sent at your risk.

  11. Any Apostille and Embassy Legalisation turnaround time estimates are subject to the requirements and procedures of the Foreign Commonwealth Office and Embassies/Consulates. Estimated times of completion and receipt for documents cannot be guaranteed and can be affected by factors out of our control such as Embassy closures/delays, factors beyond our control and other acts of God. I will always seek to keep you informed of any unexpected delays that can affect the completion of your documents.

  12. To the extent that I am permitted by law to do so, but no further, I limit my liability to you to the amount of my account for notarial services. In no case shall my liability to you exceed £1,000,000.00, which is my current level of professional indemnity insurance cover.

  13. I am not liable for any loss or damage arising as a direct or indirect result of the supply of services being prevented, hindered, delayed or rendered uneconomic by reason of circumstances beyond my control, including but not limited to Act of God, war, riot, strike, lock out, trade dispute or labour disturbance, accident, breakdown of machinery, fire, flood, storm or difficulty or increased expense in obtaining information or services of any description.

  14. My contract with you is governed by English Law and any disputes relating to my services shall be resolved by English Courts.

REGULATION AND COMPLAINTS PROCEDURES

  1. My notarial practice is regulated by 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
    Old Church Chambers
    23 Sandhill Road
    St James
    Northampton.  NN5 5LH

    Telephone : 01604 758908
    Email secretary@thenotariessociety.org.uk

    If you have any difficulty in making a complaint in writing please do not hesitate to call 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 eight 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
    Baskerville House, Centenary Square,
    Broad Street, Birmingham B1 2ND

    Telephone : 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 six months from the conclusion of the complaint process.