Terms of Business for Notarial Practice and Complaints Procedure

FEES:        Please call me on 020 3118 2063 or email me on bansalandco@aol.com for a quotation. The fees 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. Also 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 (current rate is 20%). My hourly rate is £275.00 plus VAT but once I have all the information, I will advise you of the exact cost.  E.g. the current fees for a POA for one person for Punjab, India, including preparing and notarising it and notarising the photo-page of your passport, agent's and Apostille fees is £325.00.

 

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 legalisation agents' fees and postage for the postal service. 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.

 

PAYMENT OF FEES AND DISBURSEMENTS: My charges are normally payable on the signing of the 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 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 be legalised at Embassy for the country to which the document will be sent. The Embassy will then attach its own certificate to the document. The procedure and cost varies with each Embassy. However, please note that the Embassies / High Commissions of some countries insist that you attend their offices personally. In these circumstances, I am not able to arrange for the legalisation at the Embassy/High Commission. 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.


COMPLAINTS - NOTARIAL PRACTICE

My aim is to give you an excellent service but if there any problems, please let me know and I will try and resolve any issues that you may have. However, please see the notes below if we are unable to resolve the issue between ourselves.

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

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.

 

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:

 

Legal Ombudsman

P 0 Box 6806

Wolverhampton. WV1 9WJ

Tel: 0300 555 0333

Email: enguiries@legalombudsman.org.uk

Website: www.legalornbudsman.org.uk

               

6.             If you decide to make a complaint to the Legal Ombudsman you must refer your matter to the

Legal Ombudsman :‑

 

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

 

*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.