Terms of Business
My terms of business are regulated by the Faculty Office, the regulator of the Notary Public profession.
Fees
My regulator gives guidance on professional fees to ensure that notarial work is carried out to a proper standard. I charge in accordance with these guidelines.
Notarisation fees are generally calculated on the basis of time spent working on your documents, at hourly rates typical of senior commercial lawyers in London. The minimum fee for a single transaction is £90 plus a basic instruction fee of £30.00. With regard to more complex transactions, I charge an hourly rate of £350 per hour. I do not charge VAT.
My professional fee is calculated based on time spent on the documents, and varies depending on the nature, number and complexity of the documents, plus a basic instruction fee. There may also be charges for legalisation, translation, interpretation, courier fees and other services as required in a specific matter.
I do not issue a price list as this could be misleading due to the many different elements which must be taken into consideration. However on receiving specific details I do estimate my fees and costs in advance of undertaking work. I will always agree a fee with you before commencing work which you will have to pay for; this may be prior to our meeting or when we meet if that is necessary. If a fee cannot be agreed I will not commence work or bill you.
Identification of Clients
A notary can only certify what he can prove to be true and this includes the identity of clients. Since the implementation of the Terrorism Act 2000 and in accordance with the Proceeds of Crime Act 2002 and Money Laundering Regulations 2007 I am obliged to positively identify my clients. I must hold sufficient evidence on my files of the identity and the address of all my clients before I undertake any work.
Private individuals
For each person whose signature I am to certify, and for any other person who is considered as my client I require one of the following photographic proofs of identity:-
- passport
- full photo card driving licence (but not a provisional (L) Licence)
- national identity card
- Armed Forces identity card (with photo and signature)
- firearms license (with photo and signature)
- other government issued Photo ID.
I also require proof of residence, which can be any of the following original documents:
- Bank statement or letter (not credit card statement or bill)
- Utility bill (not mobile phone bill, but can include council tax bill or statement if party is addressee and property being taxed is at the same address)
- Letter from a government department such as HM Revenue and Customs
- Letter of confirmation from a lawyer, accountant, banker or doctor
Corporate clients
I need evidence of the due incorporation of the company or entity. For UK registered companies I normally obtain information direct from Companies House and will therefore require you to provide the correct registered name and company number before our meeting so that I may carry out these checks before me meet.
Depending upon your matter I may require evidence of matters not registered at Companies House- such as board resolutions authorising an Appearer to engage in the matter which is the subject of our instructions from you. Please forward copies of such documents and bring the originals to our meeting so I may make certified copies for my file at that time.
Each individual signatory must be identified as per private individuals above.
Procedure
Do not sign any documents until you are with the Notary.
Please read the documents before making an appointment. If the documents you are signing refer to other documents being attached, these must be attached. e.g. if it says ‘… a copy of the death certificate is attached, marked “A”. ‘, there must actually be a copy death certificate for each document. If documents refer to attachments which are not there, please contact the person who sent you the papers and ask them to send the attachments.
Bring with you any letter from your lawyers that explain what they want you to do with the documents or how they should be signed and witnessed.
Please ensure that the documents are prepared using your full name as it appears in your passport or other ID.
Make an appointment. You can usually be seen at short notice, but an appointment helps me to see you more quickly.
Fill in the blanks in documents before you see the Notary. Documents cannot be witnessed if incomplete or where schedules are not completed (except for the date or the place where you will sign). Neither can we witness just the back page of a longer document. You must bring all pages of the document.
Check with your lawyers how many originals of each document they want you to sign as notarising multiple copies will increase your costs.
Please contact me on +44 7593 957875 or email me at notarypublic@josephinefarrell.com, for enquiries. If possible, please scan and e-mail documents to me so that I look at the documents and give you an estimate of the cost.
How long does it take?
If the notary has all the information he requires, it would normally be possible to carry out the notarial certification the same day or by the next day at the latest. For more complicated matters, a further day or two may be required. Where we are carrying out legislation, the length of time required will vary as the consulates of the various countries take different amounts of time to process the documents.
Payment
I expect clients to settle my fees on or before completion of the work unless there is agreement to the contrary.
I currently accept Debit or Credit Card payment at our meeting or direct electronic bank payment to arrive by the time we meet. I will only accept cash by prior agreement.
Following the engagement of the notary public
What is involved will depend upon the particular transaction. I, The Notary Public will personally attend my client; determine the client’s needs and requirements; establish identity and legal capacity; consider any documents already prepared or create those appropriate to the transaction; supervise the signing and witnessing of documents; administer any relevant supporting Oath or Statutory Declaration; countersign in my own name and apply my seal as required; where called for, arrange for my signature and seal to be verified by the Foreign and Commonwealth Office and any Consular Office of the country where the document is ultimately to be used. I records all aspects of the transaction in my Register and keeps electronic copies of all relevant papers for future reference.
My responsibilities
As a Notary I am independent from any solicitors practice in whose offices I may conduct business from time to time, (see supervision and complaints below). I have a responsibility to my clients, my professional regulatory body and to any person anywhere in the world who may rely on my certificate and my independence. Accordingly I am obliged to deal with matters in a strictly formal manner. I cannot witness documents with blank spaces (other than dates in specific cases) neither can I attest any document where I cannot verify the facts it contains. If I cannot satisfy myself absolutely as to your identity and the capacity in which you appear before me I cannot act at all.
Please note that I do not guarantee the effectiveness of legal documentation prepared by myself or anyone else.
Unfortunately, I cannot guarantee the time taken by the United Kingdom Foreign & Commonwealth Office, nor any foreign diplomatic or consulate body to deal with legalisation or any other required formality. If you have a deadline, please inform me of the details as soon as possible.
I take no liability for any losses arising from the delay of the completed document. I do not guarantee the accuracy of any translations of documents.
I do not give legal advice in relation to the law in foreign jurisdictions. If you require such advice please contact your own lawyer or ask me to instruct a lawyer on your behalf.
Please note that as a notary I do not give legal advice. If you require legal advice please inform me in advance in writing as what is required and a separate appointment will be made with an appropriate solicitor at your cost.
Data protection
I must keep your personal information and details of your matter confidential except in certain circumstances.
- To carry out an identity check to satisfy my legal obligations and to obtain confirmation of facts which I am to certify such as but not limited to:
- Checking your passport and other identification with verification services and money laundering programmes.
- Checking your qualifications with the issuing authority
- Checking with the authors of documents presented by you for notarisation.
- To obtain translations through a third party I will pass your documents to them as your agent.
- To obtain further legalisation I may pass documents to;
- The Foreign & Commonwealth Office
- The Relevant foreign embassy or their agents
- Legalisation agents who attend the above premises on my behalf.
- To satisfy my legal duty to make a report to the National Crime Agency (NCA) where I know or reasonably suspect that a transaction on your behalf may involve money laundering or terrorist financing. Please note that I cannot tell you that I have made a report;
- To deal with questions from my regulator or indemnity insurers
- When ordered to do so by a Court with proper authority
If you do not wish me to use or disclose your information in one of the above circumstances you should tell me immediately; please note I may then refuse to act for you.
A more detailed statement of how I comply with the General Data Protection Regulations is set out below at Annex 1
Supervision and complaints
My notarial practice is regulated by the Faculty office of the Archbishop of Canterbury whose details appear on all my letters and whose full contact detail are set out in the enclosed leaflet.
I trust that all our dealings will run smoothly and that if there are any small problems we can quickly settle these directly between ourselves. However if you do have concerns which you feel cannot be resolved this way my regulator’s specified complaints procedure is set out below.
The Notary Society – Informal Complaints procedure
1. Purpose
The Notaries Society – Informal Complaints Procedure
1.1. The Notaries’ Society intends that this procedure will enable the resolution of all complaints made against Notaries (other than complaints of ‘serious notarial misconduct’ which are dealt with by the Faculty Office and complaints against Scrivener Notaries).
Making a complaint
2.1. Initially complaints should be made in writing to the Notary concerned.
2.2. If no acceptable response is received from the Notary the complaint should be sent in writing to the Secretary of The Notaries’ Society at the following address:-
C J Vaughan, The Secretary, The Notaries’ Society, PO Box 7655, Milton Keynes, MK11 9NR
2.3. The Secretary will need to be given details of the original complaint and of any response from the Notary together with copies of any documents or correspondence.
3. Action by the Secretary
3.1. The Secretary will prepare copies of all of the papers and deliver them with his own report (if necessary) and a summary to the President and the Vice President of The Notaries’ Society.
4. Conclusion
4.1. The President and Vice President will consult together and will propose a conclusion which in their judgment is fair to both parties. A written record of the conclusion will be sent to the Secretary who will then inform both parties.
5. Effect of conclusion
5.1. It is expected that the parties will abide by the conclusion. However, while the conclusion may be expected to be a major factor in any further proceedings, it cannot remove the right of either party to pursue their case either to the Faculty Office or the civil courts as may be appropriate.
6. Additional notes
6.1. The President and the Vice President may ask for further information from either or both of the parties before they can reach a conclusion.
6.2. If the nature of the complaint indicates that there may have been ‘notarial misconduct’ the Secretary shall be directed to send the papers to the Faculty Office and no conclusion on the complaint will be made by The Notaries’ Society until after the Faculty Office has considered the papers and decided that ‘serious professional misconduct’ is not in issue.
6.3. The President and Vice President are not bound to give reasons for their conclusion.
6.4. The Society will not be responsible for any loss or damage that may arise as a result of any action or conclusion under this procedure.
6.5. The Notaries’ Society cannot consider any complaint if it is or becomes the subject of any Court proceedings.
6.6. Original documents and correspondence should not be sent to the Secretary unless specifically requested.
6.7. The expression ‘President and Vice President’ shall include such other members of the Council of The Notaries’ Society as shall be nominated by either the President or the Vice President to act in their place.
6.8. Complaints in respect of notarial matters should not be referred to the Office for the Supervision of Solicitors.
Formal Complaints procedure
1. My notarial practice is regulated by the Faculty Office of the Archbishop of Canterbury:
The Faculty Office 1, The Sanctuary Westminster London SW1P 3JT Telephone 020 7222 5381 Email faculty.office@1thesanctuary.com Website www.facultyoffice.org.uk
2. If you are dissatisfied about the service you have received please do not hesitate to contact me.
3. If we are unable to resolve the matter you may then complain to The Faculty Office who will refer the complaint to be considered by one or several independent notaries. This procedure is free to use and is designed to provide a quick resolution to any dispute.
4. In that case please write (but do not enclose any original documents) with full details of your complaint to the Faculty Office. If you have any difficulty making a complaint in writing, please do not hesitate to call The Faculty Office for assistance.
Finally, even if you have your complaint considered under the Complaints Procedure, you may at the end of that procedure or after a period of eight weeks from the date you first notified me that you were dissatisfied, make your complaint to the Legal Ombudsman*, if you are not happy with the result:
Legal Ombudsman PO Box 6806, Wolverhampton WV1 9JW Tel : 0300 555 0333 Email: enquiries@legalombudsman.org.uk Website: www.legalombudsman.org.uk
1. If you decide to make a complaint to the Legal Ombudsman, you must refer your matter to the Legal Ombudsman within six months from the conclusion of the complaint process. *certain kinds of commercial entities are not eligible to make a complaint to the Legal Ombudsman – please refer to the Legal Ombudsman Scheme Rules or consult the Faculty Office.
Fees
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Data Protection
I am required by my regulator to keep records of the notarised documents. My practice is registered with the Information Commissioner’s Office. Personal data received is held securely. Data collected as part of notarial records is used solely for the purposes of meeting our professional legal responsibilities. My ICO number is ZB761020.
Termination/ Your Right to Cancel
You may cancel your instructions to me within 14 days by giving me a clear statement and I will reimburse all payments made by you using the same method that you used, at no cost to you, without undue delay, within 14 days. (Consumer Cooling Off Cancellation Period –Consumer Contracts Regulations 2013 (“CCR”))
If you ask me to begin work during the cancellation period, you can still cancel but you must pay me an amount for the work which I have performed, and this proportion will not be reimbursed.
I reserve the right to terminate my engagement if I have good reason to do so.
Redress
I maintain professional indemnity policy of at least £1,000,000.00 per claim
Complaints and Regulatory Information
My practice is regulated through the Faculty Office of the Archbishop of Canterbury:
The Faculty Office 1, The Sanctuary Westminster London SW1P 3JT Telephone 020 7222 5381 Email Faculty.office@1thesanctuary.com Website www.facultyoffice.org.uk
If you are dissatisfied about my service, please do not hesitate to contact me. If we are unable to resolve the matter, you may complain to the Notaries Society of which I am a member. Please write (without enclosing any original documents) to: -
The Secretary of The Notaries Society P O Box 1023 Ipswich IP1 9XB Email secretary@thenotariessociety.org.uk
Finally, even if you have your complaint considered under the Notaries Society Procedure, you may, after 8 weeks, complain to the Legal Ombudsman, within one year.
Legal Ombudsman P O Box 6806 Wolverhampton WV1 9WJ Tel: 0300 555 0333 Email: enquiries@legalombudsman.org.uk Website: www.legalombudsman.org.uk