Notarial Terms & Conditions

Work

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 offer appointments during business hours and occasionally outside of business hours, in exceptional circumstances. I am also prepared to make home visits or visit corporate clients at their place of business. If the notarial appointments take place outside of my office, my charges will reflect the travelling time and expenses. 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 that that is the case and will provide you with the necessary information to locate an alternative notary.

Signatures

The Notary should normally witness your signature. Please do not sign the document in advance of your appointment with me.

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

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 none 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.

Please also bring your National Insurance Number

I subscribe to an on-line ID verification service and, upon receiving your identity documents, I will undertake an online search to verify your identity.

Should it not be possible to meet you in person we will need to arrange a short Skype, Facetime or equivalent online meeting to establish your identity. We will arrange a convenient time with you to do this once we have received your instructions or as the matter progresses.

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.

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 provide advice to you in respect of the transaction itself and I will not owe you any duty of care in connection with the underlying transaction.

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 arrange 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, 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 at the appointment.

In each case: 

• Evidence of identity of the authorised signatory (as listed 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, which may influence the level of fees charged.

Additionally, partnerships, clubs, etc:

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

Notarial charges and expenses

Details of my charges are set out on my Pricing Page. 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.

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 and Commonwealth 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 registered with the Information Commissioner’s Office (ICO Number: ZA797517). 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. For full details of my Privacy Policy and data processing terms please see the Notary Privacy Policy Page.

Insurance

In the interests of my clients I maintain professional indemnity insurance at a level of at least £1,000,000.00 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 off premises or by a form of distance communication such as by telephone or email) 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.

Complaints

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 

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

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 7655

Milton Keynes MK11 9NR

Email secretary@thenotariessociety.org.uk

Tel: 01604 758908 

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. 

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 6 months 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 

A complaint to the Legal Ombudsman must be made: 



• Within six months of receiving our final response to your complaint
  and 
• No more than one year from the date of the act or omission being complained about; or 

• No more than one year from the date when you should reasonably have known that there was cause for complaint. 

*certain kinds of commercial entities are not eligible to make a complaint to the Legal Ombudsman – please refer to the Legal Ombudsman Scheme Rules or consult the Faculty Office.