TERMS OF BUSINESS 

 I only contract on the basis of the following conditions and those other conditions set out in my “Notes for Clients and Terms and Conditions” a copy of which I make available to all clients at the time they instruct me.

 

 Notarial Charges and Expenses:

  • My charges: These are based upon my current hourly charging rate. There is no VAT payable. Once you have provided me with details and I have identified what you require I will be able to give you a firm indication or an estimate of the likely charges..
  • It will assist me if I can see any document(s) and any instructions sent to you,   I will charge separately for copying, postage, telephone calls and similar disbursements.
  • Payments on your behalf:
  • I may have to pay legalisation fees to the Foreign and Commonwealth Office and/or a Foreign Embassy and/or (particularly if the documents are needed urgently) to agents to present those documents to those parties.  There may be translation or interpreter’s fees.  Other payments (including travelling expenses, company search fees, telephone, postage and telegraphic transfer fees) may also be required.  Where appropriate your approval of these will be obtained and you will be asked to make payment in advance of any such amounts being incurred. 

Basis of charging:

  • If it is a simple matter of witnessing a document, a fixed fee will be charged.  If there are complications or if I am required to draft or substantially amend or complete a document, or obtain legalisation, the charge will be based upon the time it is necessary for me to spend.  This may include telephone calls made or received, letters/emails sent and received, time spent in interview, on drafting, and on preparing the necessary entries in my notarial register.
  • Special factors which might result in an increase in the charge include:
  • complexity or novelty;
  • extended drafting or preparation and/or foreign language issues
  • the number and importance of the documents;
  • the transaction value and/or the extent of the liability I may assume to a third party;
  • if the work has to be done away from this office; and
  • special urgency, which may require me to drop other work to deal with your matter – or if the work unavoidably has to be dealt with outside of office hours.
  • Payment: My notarial charges are normally payable upon signature of the document requiring notarisation and I reserve the right to retain any completed document until payment has been received.

Notarial Records:

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 so that I can refer back to it and/or issue further certified copies if required to do so in the future.

Client’s Money:

I will not normally hold client’s money but in exceptional circumstances if I am asked to to do so I will hold it in accordance with the relevant Notaries’ Practice and Accounts Rules paying interest when required to do so by the Rules.  To comply with the obligations under the Criminal Justice Act 1993, the Proceeds of Crime Act 2002 and the Money Laundering Regulations 1993, 2001, 2003 and 2007, I reserve the right to ask for evidence of the source of any funds provided to us or involved in the transaction.

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 involves obtaining evidence or proof from sources independent of the client.  In order to do that I require the client’s full co-operation.  If I am unable to secure such verification and as a result have 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.  I will not accept liability if this is the case.

Ceasing to Act

In some circumstances, I may consider that I have to stop acting for the client, for example, if the client cannot give clear or proper instructions on how I am to proceed.  I reserve the right to cease 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 my bill.

Complaints:

My notarial practice is regulated by the Faculty Office of the Archbishop of Canterbury:

The Faculty Office, 1, The Sanctuary, Westminster, London SW1P 3JT

Email: faculty.office@1thesanctuary.com

Website: www.facultyoffice.org.uk

If you have complaints about my work please do not hesitate to contact me, and if the matter cannot be immediately resolved I will refer your complaint to the Notaries Society of which I am a member, who have a Complaints Procedure which is approved by the Faculty Office.

Alternatively, you can complain to the Notaries Society direct.  Please write (but do not enclose any original documents) with full details of your complaint to:

Secretary of The Notaries Society, Old Church Chambers, 23 Sandhill Road, St James, Northampton   NN5 5LH

Email: secretary@thenotariessociety.org.uk

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 eight weeks from the date of making the complaint to me, make your complaint direct to the Legal Ombudsman (whose contact details are set out below) if the matter has not been resolved to your satisfaction:

Legal Ombudsman, Baskerville House, Centenary Square, Broad Street, Birmingham B1 2ND  

Tel: 0300 555 0333

Email: enquiries@legalombudsman.org.uk

Website: www.legalombudsman.org.uk

Limitation of Liability:

My aggregate liability whether in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses, including interest thereon if any, arising in connection with my notarial services and suffered or incurred, directly or indirectly, by you (together with such other parties as we have specifically agreed may rely upon my notarial services on the terms hereof) shall be limited to the amount of my notarial charges paid by you in connection with the notarial act in question.

 
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Terms of business

Notary Public Norwich Norfolk

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