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VISITING A NOTARY PUBLIC AND MY TERMS OF BUSINESS


1. 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 business hours in exceptional circumstances. 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 timeframe you require, or I may decide that I am not able to act for you. If so, I will inform you and if appropriate will provide you with the necessary information to locate another Notary.

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

3. Identification: I will need you to produce by way of formal identification the original of (in preferred order):

If neither of the above are available, at least two of the following

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.

4. 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 Decree of Divorce or Change of Name Deed demonstrating 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

5. 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.

6. Written Translations: It is essential that I am able to confirm that you understand what you are signing.

7. 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.

8. 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 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: In all instances I will be carrying out various company searches, which will 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.

9. 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:

In suitable cases 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. VAT is payable on my fees at the current rate of 20%.

For more complicated or time-consuming matters the fee will be based on my hourly rate of £250 subject to a minimum fee of £250, plus disbursements/VAT. 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. Indicative fees for some common transactions are listed in the Appendix.

Disbursements: 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.

Payment can be made by cash or cheque made payable to Ablitts Notaries or bank transfer We cannot at present accept card payments. Payment of my fee and disbursements is due when the document has been prepared which I may retain pending payment in full.

Sometimes 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, where amendments are required or correspondence has to be entered into with foreign lawyers, additional translations or legalisations are needed to meet the requirements of the receiving jurisdiction, third party fees are adjusted to reflect external factors and so on. I will notify you of any changes in the fee estimate as soon as possible.

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

11. 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 the relevant section of this website.

12. Insurance: In the interests of my clients I maintain professional indemnity insurance at a level of £2,000,000.00 per claim.

13. 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 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.

14. 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.

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

In case of complaints please refer to details published on my website or request a printed or emailed copy.

APPENDIX

Typical fees for some matters. VAT at the standard rate (currently 20%) should be added:

Administering Oaths and Declarations

£50.00

Exhibits to Oaths etc

£12.50 per Exhibit

Copy passports and other ID documents

£40.00 each

Spanish Powers of Attorney:

Single signature

£125.00

Additional signatures

£30 .00 each

Copy passports attached

£12.50 each

English Language Deeds:

First Document

£100.00

Successive documents

£50.00 each*

Additional signatures:

£30.00 each on first document

£15.00 each on successive documents*

*(Note – successive documents includes duplicates, but some allowance may be made in appropriate cases)

Land Registry ID1 forms:

(For individuals)

£75.00 each