Terms of Business for Notarial Practice
FEES: Please call me for a quotation. These will depend on the nature and number of documents and whether I am required to notarise documents which have been prepared by other lawyers or whether I am to prepare the document for you as well. Als0 the fees depend upon the requirements of the recipient countries, e.g. some countries will require the Identity Documents to be notarised in addition to the document itself. I do operate first come, first served service, so there is no additional charge for urgent documents. However, there is additional charge for seeing the clients at their premises or out of hours. You will be advised of the fees before I undertake any work. Usually, once I have taken the details, I will be able to give you an exact figure for the fees. Please note that if there are additional documents that need to be notarised to those already agreed upon, then additional charge for those additional documents will be made. Please note that my fees are subject to VAT.
DISBURSEMENTS: The disbursements, if any, will have to be paid in addition to my fees. The usual disbursements are for legalisation. Sometimes the notarised documents have to be legalised at either or both of the Foreign, Commonwealth and Development Office (formerly the Foreign and Commonwealth Office) and consulate/Embassy of country where the documents is to be used. The Foreign, Commonwealth and Development Office (formerly the Foreign and Commonwealth Office) charge £30.00 plus postage for the postal service. However, if the document is urgent, the FCDO provides Premium Service and the cost of this is £75.00 plus the courier fees. Other examples of disbursements are the legalisation agents’ fees, Companies Registry fees, couriers’ fees and special delivery postage charges. However I shall not incur these expenses without first obtaining your consent to do so and these will have to be paid in advance. If you prefer, you can deal with the legalisation yourself but you will not be able to use the FCDO Premium Service as this is not available to the member of the Public.
PAYMENT OF FEES AND DISBURSEMENTS: My charges are normally payable on the signing of the document or on the receipt of the notarised document. If I render a bill in respect of the work, payment will be due when you receive the bill.
YOUR OWN PROFESSIONAL ADVISERS: It is not my responsibility to give you legal advice concerning the document. My role is to be satisfied that you understand the content of the document and that you intend to be bound by it. You are advised to seek first the advice of your own independent legal or other competent professional adviser who practises in, or is skilled in the law of the jurisdiction to which the document will be sent.
MY RESPONSIBILITIES: As a Notary Public, I have to be satisfied as to your identity (you will need to produce your current passport/photo-card and counterpart driving licence and recent utility bill and bank statements), 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 involve and that other stipulated formalities either under English or foreign law are observed. If I am not satisfied about any one of those things I can refuse to undertake the matter.
1. FOREIGN, COMMONWEALTH & DEVELOPMENT OFFICE (formerly FOREIGN & COMMONWEALTH OFFICE) AND/OR CONSULAR LEGALISATION: Some countries require a document to be legalised. This the process by which a state agency confirms that my seal and signature are those of an English notary. The Foreign, Commonwealth and Development Office (formerly the Foreign and Commonwealth Office) attach an apostille to the document. Sometimes the document then has to go to the London Embassy for the country to which the document will be sent. The Embassy will then attach its own certificate to the document. Your lawyer will probably advise you of the need for legalisation. If not, you should ask him about it. I shall be able to obtain the necessary legalisation and shall discuss with you time scale and whether we should use legalisation agents or couriers if speed is required. However you can deal with legalisation yourself if you wish.
2. REGISTER & PROTOCOL: At the end of the matter, I make a formal entry of the main details in my register and I keep copies of the notarised document and proof of identity in my protocol.
3. My liability: I carry professional indemnity liability cover of £2 million pounds which is more than the minimum level of cover specified by the Master of the Faculty. I therefore limit the level of my liability to you to £2 million pounds.
4. The relevant law: The law which governs my contract with you is English Law and it is agreed that any dispute relating to my services shall be resolved by the English courts.