Terms of Business

THE WORK OF THE NOTARY PUBLIC

Notaries are principally involved with notarising and authenticating documents for use abroad. In most countries a document notarised or authenticated by a Notary is accepted as totally valid.

The task of Notaries is to complete and make your document acceptable in the country in which it is to be used, subject to our being provided with the document in the necessary format and full details of that country’s requirements.

The oath a Notary takes when he comes a Notary, requires him to exercise his duties faithfully and to the best of his skill and ability, and to make contracts or other documents for or between any parties without adding or altering anything that may alter the substance of the facts set out in the document without the approval of the parties. He, of course, must not make any such contract or document, if undue influence or fraud is involved.

Please note that documents may need to be sent to the Foreign and Commonwealth Office and/or foreign embassies or consulates. Such documents will normally be sent by ordinary post or by the document exchange service ( DX) either directly or to an agent. I cannot accept responsibility for loss resulting from the loss or delay of any documents while in transit in the post or DX.

How does a Notary authenticate or “notarise” a document?

He must always verify the identity and address of the signatory and his or her capacity and intention. In nearly every case he will witness the signature of the individual involved and ensure that the document is signed in accordance with English Law and also in accordance with the legal requirements of the country in which the document is required.

A Notary’s work is all about verifying facts and making checks concerning the contents of the document so that his act is reliable. Those who receive and rely on a Notary’s document will assume that he has checked all the facts in it and has taken responsibility for them, unless he makes it perfectly clear that this is not the case.

Independence and Rules

A Notary is an independent official and must not do anything to compromise this situation. He should not act in matters where he has a personal interest. He is subject to professional rules (including rules on the prevention of money laundering) and standards to ensure the protection of his clients. All Notaries must be properly insured against negligence and dishonestly.

Public Records

The Notary keeps originals or copies of all official documents that he makes, which serve as a permanent public record. The Notary must make these available to all those who have a proper right to see them, including his client and any other parties involved with such documents.

Conflicts of Interest

The Notary has to act independently and impartially. His duty is to the transaction and not to the parties. A Notary may act for both parties to a transaction contract (unlike a Solicitor) but he has a duty to identify potential conflicts of interest if they exist and he should try to resolve them, if possible, by advice or negotiation etc.

Foreign Languages and Communication

Documents that are dealt with by a Notary are normally for use overseas, and may be in a foreign language. If so, the Notary must ensure that both he and the client understand the meaning and effect of the document. Notaries do not normally give advice about the meaning or effect of a document or transaction. It is important that the client shows the Notary any correspondence or advice that he has been provided with by others.

Identification etc

Proof of identity and address is required – this will be a copy of current passport, driving licence (with photograph) and copy utility bill. As necessary, an authority to sign a document on behalf of a company or documentation to prove facts stated in a Notarial document will also need to be produced.

TERMS OF BUSINESS

1. Basis of the Retainer

I act only on the basis of these conditions.

2. Fees and Disbursements

I charge fees based on the time taken for the whole matter (including making the appointment travelling or waiting time and the time needed to make the record) at the rate of £200.00 per hour. I charge a minimum of £50.00. I also charge out of pocket expenses. For example, fees payable to the Foreign Office, Foreign Embassies or agents dealing with the legislation of documents or postage or courier charges. My bills should be paid on presentation and documents will not be released until they have been paid.

3. Verification of Facts

Part of the Notary’s role is to check the facts in the documents he notarises for his clients and this sometimes involved obtaining evidence or proof from sources independent of the client. With regard to this we need the Client’s full co-operation. If I need to add disclaimers to the document to make it clear that there are facts which I have not been able to verify, the document may become useless or of less benefit to the Client and I will not accept liability if this is the case.

4. Ceasing to Act

In some circumstances, I may consider that I ought to stop acting for a Client. For example, if the Client cannot give clear or proper instructions on how I am to proceed, I may decide to stop acting with good reason, for example, if the matter on which I am instructed involves fraud or violence, or if the Client does not pay a bill.

5. Storage of Documents

I store without charge to the Client a copy of any notarial act in the “public” form and of every notarial act in a “private” form as a permanent record. I do not always keep a full copy of a Client’s own documents but I reserve the right to do so.

6. Limitation of Liability

I maintain professional indemnity insurance cover through Allianz Insurance plc limited to £1,000,000 for each claim. Save as provided under the Unfair Contract Terms Act 1977, my liability to the client for any loss, injury or damages of any nature whatever whether direct or consequential including without limitation in respect of negligence or breach of my duty to my clients is limited to £1,000,00 in respect of any one claim or series of related claims. I also maintain fidelity insurance for the sum of £1,000,000 through the Notaries Guarantee Limited.

7. Appointments

I am normally available between 9.00 am – 5.30 pm, Monday to Friday, at the Birmingham office. I also attend our other offices in Stratford upon Avon. I can also attend your offices or home at a mutually convenient time – there will be an extra charge to cover travel.