NOTARY PUBLIC NORTH WEST LONDON

TERMS OF BUSINESS

These Terms of Business, together with my Data Protection Policy and Privacy Notice displayed on my Website (together referred to as “these Terms”), apply to all notarial and legal matters plus any ancillary and incidental services which I carry out. Your instructions or (as the case may be) your continuing instructions, will amount to your acceptance of these Terms.

1. Notary Services

I provide the services of a Notary Public, carrying out all permitted notarial activities including, where appropriate, arranging legalisation and despatch of documents to their final destination.  A key role of a Notary is to maintain and keep records. My Privacy Policy and Data Protection Policy Pages on my Website set out how I will handle your data.

2. My Notarial Work for You

2.1 You/the Client will provide clear instructions and full and accurate information to enable me to carry out your instructions.

2.2 Indiciative details of my charges are set out below. However, I always request sight of the documents where possible (together with any related instructions sent to you), before providing a specific quote.

2.3 My aim is that your document(s), as executed and formalised, will be acceptable in the recipient country. However, I will not be liable if asked to follow particular instructions regarding the requirements of the recipient country, from external advisors or other professionals instructed by you directly or to whom you direct me.

2.4 Although I may be able to provide general guidance on likely requirements for the authentication of your document(s), I will not advise on foreign law, nor on your transaction or the contents or legal effect of the document(s) you sign. If you require legal advice on your document(s), you must consult your own legal adviser specialising in the law of the jurisdiction to which the document(s) will be sent.

2.5 If you ask me to draft a document for use abroad, I can give no warranty that the document will be accepted in the receiving jurisdiction. I will, where possible, liaise with any foreign lawyer you have instructed and will rely on them to advise on the correct form of the document and on any formalities attaching to its execution.

2.6 I need to be satisfied as to your identity and residential address (See: “What identification is required when seeing a Notary Public?” on the FAQ's ’ page of my Website), your legal capacity, your authority (eg when acting on behalf of a corporate body, an estate or trust or as an attorney under a Power of Attorney) and your understanding, approval of and intention to become bound by the document(s).

2.7 Proof of names:  In cases 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. 

2.8 I must be satisfied that you sign voluntarily, that no fraud or duress is involved, and that other required formalities either under English or foreign law are observed.

2.9 Where you represent a Company, a Partnership, Trust or Association, I will need to check the existence, constitution and any registration of that body and your authority to represent it. For UK Companies, I can check the registration and directorship online. UK Companies with more than one director will need an authorising Board Resolution. In the case of foreign companies, I would generally need to see an extract from the relevant commercial register. I will confirm what I need to see before you attend the appointment

2.10 If I am not satisfied with regard to any of the above aspects, I may decline to undertake the matter, or issue a restricted certification.

2.11 Written Translations:  If the document is in a foreign language which you or I don’t understand sufficiently, a translation may be required. If I obtained a formal translation, this would incur an additional fee and I would provide you with details of this. If you obtained 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.”

2.12 Oral Interpreter:  If you and I cannot understand each other because of a language difficulty, we may have to arrange for a competent interpreter to be available at our interview and this may involve a further fee.

3. Time Scale for the Work

3.1 Appointments generally take no more than one hour. However, the time your matter takes from start to finish will depend on a number of variables, like the number of documents involved and whether the client is a private individual or a company. Typical key stages of the work will include:

• Taking instructions;
• Receiving and reviewing the documents to be notarised, together with any instructions you may have
    received from the receiving country;
• Liaising with your legal advisors or other bodies to obtain the necessary documentation to deal with
    your document(s) (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;
• Where a document is to be certified, checking with the issuer that the document/award is genuine (re academic awards, the time taken will depend on the speed of response of the relevant academic institutions or the centralised system for degree verification, which could take about 3 weeks);
• Obtaining translations, if appropriate;
• Meeting with the signatory to verify their identity and understanding of the document(s),
    checking they sign of their own free will and ensuring that the document(s) is/are executed
    correctly;
• Drafting and affixing or endorsing a notarial certificate to the document(s) with signature, seal and
     stamp;
• Arranging for the legalisation of the document(s), as appropriate; Arranging for the electronic storage of copies of all notarised documents in accordance with the Notarial Practice Rules:
• Recording details of the documents and their requirements on my Notarial Register

3.2 Legalisation: Following notarisation, some documents will need to be ‘legalised’ (the process of confirming the authenticity of the English Notary’s signature and seal or of the signature of the Official who signed the document) in order to be accepted in the destination country. This is by way of an Apostille from the UK Foreign, Commonwealth & Development Office (FCDO) and sometimes also specific Country Embassy Legalisation I can assist with these processes through Legalisation Agents, subject to an appropriate handling fee. I will pass on their estimated timeframe for completion of the legalisation. Obtaining an Apostille through my Legalisation Agents currently takes 2 working days plus postage and delivery time. Applications made direct to the FCDO take longer.

4. Hours of Business

I can be contacted by email, text or telephone at any time to arrange a convenient appointment, either during normal office hours (09:30 to 18:30 Monday to Friday) or outside these hours, if the matter is urgent (which would be reflected in my notarial fee). In appropriate cases I can arrange to see you away from my office. Travelling time plus the cost of my travel will be charged in accordance clause 5.5 below.

5. Fees

5.1 I am registered with HMRC for VAT under VAT Registration No. 387 7968 09. VAT is payable on my services at the rate of currently 20%.

5.2 As stated above, I request sight of the documents where possible (together with any related instructions sent to you), before providing a specific written quote for notarial fees and disbursements. However, my minimum notarial fee is normally £70 plus VAT (excluding disbursements) for  a single, short, straightforward document signed by one person. Additional signatories may be charged at £25 plus VAT per additional person. Where there are multiple documents, I will consider a reduction. Identity documents are charged at £50.00 plus VAT and £35 plus VAT for each additional identity document. Certificates of life for overseas pensions are generally charged at £65 plus VAT for the first visit then £40 plus VAT for future visits for the same form of Life Certificate.

5.3 For all other types of documents, or where I am asked to draft a document, I will either specify a fixed notarial fee, based upon the complexity of the matter and the total time I estimate it will take (including preliminary advice, making the appointment, drafting, preparation, correspondence, telephone calls, arranging legalisation, travelling or waiting time and the time needed to make my Notarial Record) or I will charge on the basis of my professional time spent, at the hourly rate of £250.00 plus VAT plus disbursements.

5.4 I reserve the right to revise my fee estimate (including for disbursements) if unforeseen or unusual issues arise, I am required to carry out additional work, the matter proves more difficult or complex than initially envisaged, or there is special urgency requiring me to drop other work to deal with yours, or if the work unavoidably has to be dealt with outside office hours. I will notify you in writing of any changes in my fee estimate as soon as possible.

5.5 A disbursement of £65 plus VAT per hour or part of an hour, will be charged for attending appointments outside my office within my local area and £75 plus VAT for attending appointments outside my local area, but within Greater London.

5.6 If my work is terminated before completion, I will charge you a fair and proportionate amount for any work actually carried out.

6. Disbursements

Miscellaneous costs such as Apostilles, Consular fees (see clause 3.2 above), Agents’ charges, postage costs, Bank charges and substantive photocopying or printing costs will be passed on to you at cost. A handling fee will be charged for arranging legalisation. I may request such costs to be paid to me in advance.

7. Payment

7.1 All fees and disbursements must be discharged in full, by cash or online payment to my bank account by completion of the notarisation and prior to my releasing the completed documentation, unless I have agreed for my fees to be paid  following submission of my VAT Invoice. I will not accept cash payments in excess of £500.00.

7.2 Should all or part of an invoice remain unpaid, I reserve the right to charge interest at the interest rate prescribed by the Late Payments of Commercial Debts (Interest) Act 1998.

7.3 Even if another person has agreed to pay or is responsible for paying all or part of my fees and costs, I may address my invoices to you as the instructing party and you will, in all cases, be responsible for paying them. Irrespective of who pays my invoice, my duty of care is owed to you alone as the instructing party, unless I agree otherwise.

8. Records

At the end of the matter, I will make a formal entry of the main details of your matter in my Notarial Register and will keep copies of the notarised document(s) and proof of your identity, in accordance with the Notaries Regulations.

9. Data Protection
My practice is a registered with the Information Commissioner’s Office. Your personal data is held securely and is not capable of being accessed externally. Data collected as part of notarial records is used solely for the purposes of meeting the Notary’s professional legal responsibilities. For full details of my Privacy Policy and data processing terms please see My Privacy Policy and Data Protection Policy Pages on my Website.

10. Liability

10.1 Each of the persons instructing me on a matter will be jointly and severally liable for the obligations imposed by these Terms.

10.2 No liability for loss (including, but not limited to, damages, costs and interest) to you or other parties, whether in contract, tort (including negligence) or otherwise, is (except in relation to personal injury or death) accepted by me in relation to any matter in excess of my professional indemnity insurance cover, which is currently  £1,000,000.

10.3 No liability for losses or delays is accepted as a result of using the services of third parties.

10.4 Where I agree to send documents to third parties on your behalf, I or my Agents will use either first class, special or recorded post or an international courier, as may be agreed with you. I am not liable for any delay or the failure to deliver or mis-delivery by any postal service or courier company. I cannot pursue postal or courier services for delayed delivery. Any assistance in the case of lost documents will be at my discretion.

10.5 Your rights as a Consumer as defined in the Consumer Rights Act 2015 shall not be adversely affected by these Terms, to the extent prohibited by that Act.

11. Electronic communication

Electronic communication (e-mail) can be used between us and others, but please note that due to the nature of e-mail, I cannot guarantee its confidentiality. If you use e-mail to contact me or if you inform me of your e-mail address, I will assume that you accept this risk and you impliedly allow me to communicate to you by e-mail unless you expressly instruct me not to do so.

11.1 Whatsapp

I prefer not to message by Whatsapp as I need to keep a professional record of our correspondence. In addition, if you are not on my Contact List, your message could be submerged under messages from my Groups and Contacts, so I might not see it. Please therefore use sharonstonenotary@outlook.com which is my dedicated Notary email address.

12. Regulation and Complaints

12.1 My notarial practice is regulated through the Faculty Office of the Archbishop of Canterbury (“the Faculty Office”):

The Faculty Office, 1, The Sanctuary, Westminster, London SW1P 3JT
Telephone: 020 7222 5381
Email: Faculty.office@1thesanctuary.com
Website: www.facultyoffice.org.uk

12.2 I aim to provide all clients with an efficient and high standard of service. However, if you are dissatisfied about the service you have received, please do not hesitate to contact me.

12.3 If I am 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.

12.4 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,
PO Box 1023, Ipswich IP1 9XB,
Email: secretary@thenotariessociety.org.uk

12.5 If you have any difficulty in making a complaint in writing, please do not hesitate to call me/ the Notaries Society/the Faculty Office for assistance.

12.6 Finally, even if you have your complaint considered under Notaries Society Approved Complaints Procedure, you may at the end of that procedure, or after a period of 8 weeks from the date you first notified me that you were dissatisfied, make your complaint to the Legal Ombudsman[1] if you are not happy with the result:

Legal Ombudsman
PO Box 6167
Slough SL1 0EH
Telephone: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Website: www.legalombudsman.org.uk

12.7 If you decide to make a complaint to the Legal Ombudsman, you must refer your matter to the Legal Ombudsman within one year from the act/omission or within one year from when you should reasonably have known there was cause for complaint.

13. Confidentiality
Your affairs will be dealt with in strict confidence. However, the Faculty Office has rights of inspection to ensure good practice and conduct. In addition, under the Notarial Practice Rules, any person with sufficient interest may request and be supplied with a copy of any notarial act. I may also disclose confidential information if required to do so by law or regulation

14. Termination by you/Cancellation Rights for Consumers

14.1 If you are a consumer as defined in the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 (typically where you are an individual consumer and my contract with you was concluded with you or by a form of distance communication), you have the right to cancel this contract within 14 days from the day you instruct me, without giving any reason. To exercise the right to cancel within this period, you must inform me in writing of your decision to cancel this contract. You may use the attached form below, but it is not obligatory.

14.2 If you cancel this contract, I will, not later than 14 days after the day on which you inform me of the cancellation, reimburse to you all payments received from you.

14.3 If you requested me to begin performing services 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.

To: Sharon Stone, 25 Dorset Drive, Edgware, Middlesex, HA8 7NT.
 I/We hereby give notice that I/we cancel my/our contract for notarial services,
Instructed on …………………………….
Name ………………………………………..
Address………………………………………….
Signature………………………………………
Date……………………………………………..

15. Termination by me

I reserve the right to terminate my engagement by you if I have good reason to do so, for example, if your instructions are unclear, 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.

16. Law and Jurisdiction

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 exclusively by the English courts.

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