1. WHY DO YOU NEED A NOTARY?
You have been told to see a Notary or Notary Public (the Terms are interchangeable) because you have a document that needs to be used abroad in a Foreign Jurisdiction.
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 you the Client but also to anyone who may rely on the Notarised document and to Governments or Officials of other Countries.
Such people and organisations are entitled to assume that a Notary will ensure full compliance with the relevant requirements both here and abroad; and can 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 to comply with any other specific requirements.
Can be during my normal business hours of 09.00 – 17.30 Monday to Friday, but I can be flexible as I fully appreciate the urgency of many Notarial matters. I am therefore prepared to make home visits or visit corporate clients at their place of business. However, if the Notarial Appointment takes 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 in which case I will try and provide you with the necessary information to locate an alternative Notary.
The Notary should normally witness your signature. Please DO NOT sign the document in advance of your appointment with me.
3. PAPERS TO BE SENT TO ME IN ADVANCE
It will save time, expense and avoid error if, as long before the appointment as possible, you can let me have the originals or photocopies of:
- The documents to be notarised including any Exhibits or Attachments to Affidavits or Statements;
- Any letter or other form of instruction which you have received about what has to be done with the documentation by me as a Notary;
- Your evidence of identification.
You will have to produce by way of formal identification the original of (in preferred order):
- Your current passport (or, if not available);
- A current driving licence (with photo) or a national identity card.
If neither of the above are available, at least TWO of the following:
- A current Government or Police issued Certificate bearing a photo or other formal means of identification;
- A Utility bill, Credit card or Bank statement showing your current address which should not be more than 3 months old;
- Or current Council Tax bill.
You must also bring any other means of ID which may be referred to in the papers that have been 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/Birth Certificates Grants of Probate etc. and will advise you if this is necessary.
5. PROOF OF NAMES
In a case where the name on the Documentation is different from names you or others are currently using, or there has been a variation in over the years in the form of spelling of any name, please provide as appropriate Certificates of Birth, Marriage; Divorce Decree; or Change of Name Deeds or Statutory Declarations showing all the different name variation.
6. ADVICE ON THE DOCUMENT
If you produce Documentation to me to deal with as a Notary I will advise you as to the formalities required for completing it. However, I cannot advise you about the transaction connected with such Documentation. It is up to you to obtain external Legal Advice as to the Transaction.
7. WRITTEN TRANSLATIONS
It is essential that you understand what you are signing.
- If the document is in a Foreign language which you do not understand sufficiently, I may have to insist that a translation be obtained. If I arrange for a translation, a further Fee will be payable and I will provide you with details of this.
- If you arrange for 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, from the **** Language in to the English Language both Documents being attached to my Certificate.”
8. ORAL INTERPRETER
If neither 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.
9. 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 may be further requirements.
Please be prepared for these and please telephone me to discuss any point of difficulty before attending the Appointment.
In each case I shall need to see:
- Evidence of identity of the Authorised signatory (as listed above).
- A copy of the current letterhead (showing the Registered Office if it is a Company).
- A Letter of Authority, Certified Minutes, Board Resolution or Power of Attorney, authorising signatory to sign the Document.
IN ADDITION FOR COMPANIES:
In all instances, I will be carrying out various searches for example at Companies House, the London Gazette etc., because I need to see the Certificate of Incorporation and of any Certificates of Change of Name, The Memorandum and Articles of Association, Details of Directors and Secretaries and satisfy myself that the Company is in existence etc.
The cost of such searches will be reflected in the Fees charged.
IN ADDITION FOR PARTNERSHIPS, CLUBS, ETC.:
A Partnership Agreement; or relevant Trust Deed; or Charter; or Constitution/Rules etc. will need to be produced.
10. NOTARIAL FEES AND EXPENSES
Details of my Fees are set out below:
My Notarial Fees are based on a current minimum Hourly Rate of £240.00.
Please note that if I have to make payments (disbursements) on your behalf such as Legalisation, Translator, or Interpreter Fees, or other costs such as travelling expenses, you will normally be required to make payment in advance in respect of such disbursements.
If the matter is simple I will endeavour to charge a Fixed Fee to include Disbursements such as Legalisation Notarial Agent and courier fees, travelling expenses, translation costs etc.
I currently do not charge VAT on my Fees.
For more complicated or time-consuming matters my Fee will be based on my minimum hourly rate of £240.00, subject to a minimum fee of £80.00, plus disbursements.
The Fee charged may include time spent on preliminary advice, drafting and preparation time, making and receiving telephone calls, correspondence received in all formats.
Some documents require Legalisation before they will be accepted for use in the receiving Jurisdiction.
This is achieved by obtaining an Apostille through the British Foreign and Commonwealth Office and in addition some countries, require Consular Legalisation through the relevant Embassy or Consulate.
My Notarial Agents Fees will be added to the Legalisation Fees.
My Fees for this matter are set out below:
Payment can be made by Card or if by Cheque or Bank Transfer made payable to:
Christopher Vaughan Notary Public Office Account
Account Number: 70547483
Sort Code: 08-90-73
IBAN: GB12 CPDBK 089073 70547483
Bank id Code: CBBK GB22
Payment of my Fee and Disbursements are due when the Document has been prepared, which I may retain pending payment in full.
Occasionally 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 Documentation is required to be Notarised;
- Additional Translations or Legalisation are needed to meet the requirements of the receiving Jurisdiction;
- Third party fees are adjusted to reflect external factors such as fuel price changes
I will endeavour to notify you of any changes in the fee estimate as soon as possible.
12. 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 Corporate body.
Some of the typical key stages are likely to include:
- Receiving and reviewing the documents to be Notarised together with any instructions you may have received;
- Liaising with your legal advisors or other bodies to obtain the necessary documentation to deal with the Notarisation process (e.g. information from Companies House or Foreign Registries, obtaining Powers of Attorney Board Minutes Letters of Authority etc.);
- Checking the identity, capacity and authority of the person who is to sign the document;
- If a document is to be certified, checking with the issuing authorities that the document/award is genuine. In the case of Academic Awards, this might entail checking with the appropriate Academic Institutions;
- Meeting with the signatory to verify their identity and to ascertain that they understand what they are signing and that they are doing so of their own free will and ensuring that the document is executed correctly;
- Drafting and affixing or endorsing a Notarial Certificate to the document
- Arranging for the Legalisation of the document as appropriate;
- Arranging for the storage of copies of Notarised documents in accordance with the requirements of the Notarial Practice Rules 2019.
13. NOTARIAL RECORDS AND DATA PROTECTION
When I carry out work for you, I am required to make an entry in my Notarial Register, which is kept by me as a permanent record of the transaction which will include evidence of your identity.
I may retain a copy of the Notarised documentation with that record; but pursuant to The Notarial Practice Rules (unless the Document is in Public Form), I am not obliged to.
My practice is a registered with the Information Commissioner’s Office. Reference Number Z3634288
To comply with the Notarial Practice Rules and in interests of my Clients:
- I maintain Professional Indemnity Insurance at a level of £1,000,000 per claim Underwritten by Tokio Marine HCC.
- I am a member of The Notaries Guarantee Limited which provides Fidelity Insurance at a level of £1,000,000 per claim
15. 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.
16. TERMINATION BY ME
I reserve the right to terminate my engagement with you if I have good reason to do so, for example, if you do not pay my Fees 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.
17. COMPLAINTS & REGULATOR
My Notarial Practice is Regulated through the Faculty Office of the Archbishop of Canterbury:
The Faculty Office
1, The Sanctuary
London, SW1P 3JT
If you are dissatisfied about the service you have received, in the first instance please contact me.
If we are unable to resolve the complaint you can give details of your complaint to The Faculty Office.
If you have any difficulty in making a complaint in writing, please do not hesitate to call the Faculty Office for assistance.
Finally, even if you have your complaint considered by The Faculty Office you may at the end of that procedure, or after a period of 6 months from the date you first notified me that you were dissatisfied, make your complaint to the Legal Ombudsman*, at:
P O Box 6806
Wolverhampton, WV1 9WJ
If you decide to make a complaint to the Legal Ombudsman you must refer your matter to the Legal Ombudsman within six months of the conclusion of the complaint process.
The act or omission, or when you should have reasonably known there was cause for complaint, must have been after 5th October 2010.
*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.
- My hourly rate is a minimum of £240
- I have a minimum Fee of £80.00 per transaction
- Legalisation charged by the Foreign and Commonwealth Office is £30.00 (£75.00 in London same day Premium Service) per Document
- Consular Legalisation e.g.: UAE, Egypt, China and Taiwan charged at the current rate published on their websites
- My Notarial Agent charges £48.00 for up to 3 Documents. Each additional Document is £6.00 for Delivery to FCO Milton Keynes
- Additional charges for same day Premium Service Legalisation in London
- Courier – DHL charges dependent on weight, but normally £45 to Europe and USA, and £55 to the rest of the world
- Documents sent through the Post Office are charged at the current Postal Rates
- Other Disbursements e.g.: travelling translators charged at an agreed Rate