Terms of Business

, iCcCcThe service provided by me is that of a Notary Public carrying out all permitted notarial activities including, where appropriate, arranging legalisation of documents and sending them to their final destination. An essential part of a notary’s role is to maintain and keep records. You can view details of how I handle your data on this website (see my Data Protection Privacy Notice and Data Protection Policy).

Price

The fee for this transaction will be based on my hourly rate of £230 subject to a minimum fee of £100 plus disbursements. I will give a written quote when I have all the necessary information. Any estimate is for guidance only and is not binding. 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.

Some documents require legalisation before they will be accepted for use in the receiving jurisdiction by obtaining an apostille through the UK Foreign and Commonwealth Office and, for some countries,  additional legalisation is required through the relevant embassy or consulate. The cost of legalisation in this matter, including agent’s fees and postage to and from the legalising authority, together with any cost of forwarding to a third party will be calculated when you have provided the relevant details.

My fees are not subject to VAT.

Payment can be made by cash, cheque made payable to me or by bank transfer to: BKHolland, sort code: 60-13-16, account: 44049943.

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.

Service information

Each notarial matter is different and the requirements will vary according to whether you are a private individual or a company. Some of the typical key stages are likely to include:

1. Receiving and reviewing the documents to be notarised together with any instructions you may have received.
2. 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.).
3. Checking the identity, capacity and authority of the person who is to sign the document.
4. If a document is to be authenticated, 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.
5. 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.
6. Drafting and affixing or endorsing a notarial certificate to the document.
7. Arranging for the legalisation of the document as appropriate.
8. Arranging for the storage of copies of all notarised documents in accordance with the requirements of the Notarial Practice Rules 2019.

Redress

I am insured under a professional indemnity policy for £1,000,000.00.

Complaints and Regulatory Information

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

Address: 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:

Address: The Secretary of the Notaries Society, Conker Cottage, High St, Haversham,  MK19 7DT
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 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.

Address: Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ
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 of receiving a final response to your complaint and
• Six years from the date of act / omission; or
• Three years from when you should reasonably have known there was cause for complaint (only if the act or omission took place more than six years ago)

The act or omission, or when you should have reasonably known there was cause for complaint, must have been after 5th October 2010.

[NB – * 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.]

General

1. I accept no responsibility for the actions of those who may be instructed to assist in the completion of your transaction (for instance translators, consular agents, couriers, etc.) so you will need to take action against such parties should they fail in any way to carry out instructions.

2. I require your full cooperation if I am to carry out verification / authentication of information and will refuse to act or will add qualification to my notarial certificate if this is not provided. I accept no liability if I have had to qualify a certificate because of a failure to provide adequate and/or appropriate information, which may reduce the benefit of the document.

3. I will need you to produce your passport, driving licence or other formal proof of residence as I have to be satisfied as to your identity, capacity, authority and understanding of the transaction. I may have to insist on a translation. I must also be satisfied that your act is voluntary and no violence, fraud or duress are involved. I cannot, and do not, give legal advice concerning the document(s) for use abroad so you must seek advice from an independent adviser practising in the law of the relevant jurisdiction.

4. You may terminate your contract with me at any time by giving me reasonable notice in writing; all fee and disbursements up to the date of termination will be payable. Where the Consumer Contracts Regulations 2013 (“CCR”) apply (contracts agreed after a meeting or by remote communication) you have a cancellation period of 14 days after continuing to give me instructions or signing my retainer letter, whichever is the earlier. If you cancel within the cancellation period by giving me a clear statement I will reimburse all payments received from you by the same method you used within 14 days. If you asked me to begin work within the cancellation period, you can still cancel, but you must pay for the work which I have performed and that amount will not be reimbursed.