Terms of Business

Introduction & Important Points:

Why a notary?

It is almost always the case that you have been asked to see a notary because you have a document that needs to be used abroad. Seeing a notary is never a mere rubber-stamping exercise.  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 I will make an additional charge to cover travelling time and expenses.  Occasionally I may not be able to see you within the time frame 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 has to 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 neither 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.

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 be attempting to advise you about the transaction itself.

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 make arrangements 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 on the appointment.

In each case:  

1. Evidence of identity of the authorised signatory (as listed above).
2. A copy of the current letterhead (showing the registered office if it is a company).
3. 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 have an effect on 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 below. 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.

Charges:

If the matter is simple I will endeavour to charge a fixed fee to include disbursements such as legalisation fees, postage, consular agent fees, courier fees, travelling expenses, translating costs and so on.

For more complicated or time-consuming matters the fee will be based on my hourly rate of £250 subject to a minimum fee of £60, plus disbursement. 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.

Payment can be made by cash or bank transfer].  Payment of my fee and disbursements is due when the document has been prepared which I may retain pending payment in full.

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.

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 Commonwealth & Development 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 a registered with the Information Commissioner’s Office. 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 my website: https://www.whitehorsenotarypublic.com/privacy-notice/

1. Your instructions

1. You will need to provide me with clear instructions.
2. You will provide me with a copy of any documents and instructions that have been produced for you before our appointment and will bring the originals to the appointment.

2. Fees

1. I will wherever possible provide you with a fixed fee for my work in advance of our appointment. Where this is not possible the fees will be calculated by reference to all relevant matters including the time needed to carry out the work, the value and importance of the matter, its complexity and the urgency.
2. The minimum fee payable is £60.
3. Fees are payable in advance and no later than at the appointment.
4. I reserve the right to retain any documents until I have been paid the full amount of any fees.
5. The fees will need to include payment for any preparatory and drafting work, correspondence, meetings and attendances, travel, administration, record keeping and any other relevant matters.
6. If your instructions are terminated at any time and for any reason, fees will be payable for all work undertaken up to the time of such termination.

3. Payments to third parties

1. If there are fees to pay to third parties and you request me to deal with these on your behalf, you will need to pay me the relevant amounts in advance.
2. This might include, for example, the fee payable for legalisation or to obtain an apostille; if I use an agent or incur other costs in relation to these services, you will be responsible for those amounts also.

4. Quality of service

1. I aim to provide a good and efficient service in all cases. If you are dissatisfied in any way with my services you should let me know immediately.
2. The body that regulates notarial services has prescribed certain information relating to complaints and this is set out in the Complaints Procedure link at the bottom of this website.

5. Communications

1. I use email for communications wherever possible. If you provide me with your email address you will be deemed to have consented to this.

6. Termination

1. You may terminate my retainer 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 or by a form of distance communication) 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.
2. I may terminate my retainer or decline to act any further if you do not comply with these terms of business or if a conflict of interest arises that prevents me from acting under the professional rules that I have to comply with. Another 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.

7. Anti-Money Laundering compliance

1. I am required to comply with all relevant legislation and regulations including the anti money laundering laws.
2. You will be required to provide me with sufficient and appropriate evidence of your identity. You consent to me copying your passport and other identification documents and retaining them as required.

8. Responsibility and limitations on liability

1. I will not provide you with legal advice; my role is that of Notary Public, not Solicitor.
2. I shall have no liability in relation to the actions or omissions of others, including postal services and couriers, agents, government bodies and agencies and your own advisors.
3. The maximum amount of my liability to you shall not exceed £2,000.
4. My retainer is with you and only you; no third party shall have any rights in respect of it.
5. I shall have no liability for any loss of profit, revenue, goodwill or data or for any indirect or consequential loss.
6. I will witness your signature and affix my seal of office at my sole discretion, you should read and understand all the documents that you sign and by signing them you intend to give them legal effect. You also confirm that the contents of the documents are true and authentic and are not part of any illegal act or plan against the laws of any country in the world.
7. If I prepare any document I will solely rely on the information that you give me, please note that you will remain responsible for all errors omission in that information. I am acting as a witness only and I am not a party to any transaction. I do not accept any legal obligation arising out of the notarisation or legalisation of any of the documents and liability and delays omissions errors loss costs claims or damages.
8. You will indemnify me against all claims, losses, costs and expenses connected with this matter unless they arise from my personal fault.

9. Confidentiality, Records and Data Protection

1. I will respect the confidentiality of the information you provide. However, some authorities and other bodies have the right to require me to disclose information to them and I will have to comply with those rights.
2. I am required to keep records of the work I carry out for you.
3. I will use your personal data only in connection with the provision of notarial services and will not pass it to any other person.

10. Law and Jurisdiction

1. These terms of business and the relationship between us will be governed by English law.
2. We agree that the courts of England shall have exclusive jurisdiction in all matters relating to these terms of business and our relationship including contractual and non contractual matters.