Richard Arney – Notary Public - Terms & Conditions of Business
1. HOURS OF BUSINESS: My office hours are 09:00 to 17:00 from Monday to Friday. In appropriate cases, I can sometimes arrange to see you outside my usual office hours or away from the office. In such cases I would charge a reasonable fee for travelling time plus the cost of my travel.
2. RESPONSIBILITY: A Notary’s first duty is to the transaction as a whole. Notarial acts are relied upon by third parties, foreign governments and officials worldwide and the addition of a notarial seal adds authority to such documents. I therefore have a duty to others as well as yourself to ensure correct formalities are observed. Unless otherwise agreed in writing, a Notary’s responsibility is limited to the notarial formalities and does not extend to advice on or drafting of documentation or in relation to substantive legal input on the matter under consideration. I do not give advice on foreign law or whether a particular document will be accepted in a foreign jurisdiction.
3. FEES: I am not registered for VAT so there is no VAT on my fees. My present hourly rate is £200 and my minimum fee is £100 plus expenses. I reserve the right to increase these rates in respect of extremely urgent work or work done outside ordinary office hours. I will have given you a quotation separately based upon the information that you provided at the outset. If that information was misleading or incomplete then I reserve the right to increase my charge appropriately for the extra work necessary to complete the transaction.
4. EXPENSES: You are responsible for all payments which I make on your behalf. Typical examples are legalisation fees paid to the Foreign and Commonwealth Office (FCO) or an Embassy, legalisation agents’ fees, Companies Registry fees, courier fees and special delivery postage charges. However I shall not incur these expenses without first obtaining your consent to do so.
5. PAYMENT: My charges are normally payable on presentation (usually at the meeting) by cash, card or by immediate BACS transfer. Notarised documents will not normally be released until all fees and disbursements have been paid in full. In the case where legalisation is required (and you ask me to arrange this) my fees must be paid in full before I send them to be processed to the FCO or embassy.
6. DOCUMENTATION TO BE PREPARED: I may need more than one appointment to finalise the matter, particularly if it is necessary for me to prepare all or some of the documentation.
7. PROOF OF IDENTITY: Identification of individuals and proof of residential address is required. This is usually by way of a current passport, photo card driving licence or national identity card and a recent utility or other bill or bank statement (less than 3 months old).
8. COMPANY DOCUMENTS: If you act on behalf of a company, I will need to establish that it exists and that the signatory has authority to represent it. I generally conduct my own checks at the Companies House. In some cases I may ask you to produce a certificate of incorporation, good standing certificate or other similar evidence. For most company work a board resolution will be necessary authorising the signatory and/or the transaction.
9. WRITTEN TRANSLATION: In cases where I do not have knowledge of the language in which the document is written, official translations may be required before I can notarise the document. Translations by a friend or relative are not normally acceptable. You will be responsible for any such fees.
10. NON-ENGLISH SPEAKERS: If the person signing the document cannot speak sufficient English an interpreter may be required. It is NOT acceptable for a friend or relative to interpret. You will be responsible for any such fees. In such cases I strongly suggest seeking a notary who does speak the person’s first language if at all possible.
11. LIABILITY: I carry professional indemnity liability cover of £1,000,000 which is the minimum level of cover specified by the Master of the Faculties. I therefore limit the level of my liability to you to £1,000,000 unless you are injured or die as a result of my negligence, in which case my liability is without limit.
12. COMPLAINTS: I aim to provide all clients with an efficient and high standard of service. However, in the unlikely event that you should wish to complain, then you should follow the complaints procedure set out below. Notaries are regulated by the Faculty Office of the Archbishop of Canterbury:
If you are dissatisfied about the service you have received, please contact me as soon as possible. If I am unable to resolve the matter then you may complain to the Notaries Society of which I am a member.
The Society 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. 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,
Old Church Chambers, 23 Sandhill Road, St James, Northampton NN5 5LH
Tel: 01604 758908 32
If you have any difficulty making a complaint in writing, please do not hesitate to call the Notaries Society or the Faculty Office for assistance. 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 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, P.O. Box 6806, Wolverhampton, WV1 9WJ
Tel: 0300 555 0333
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.
13. RECORDS: At the end of the matter, I will usually keep a formal entry of the main details of your transaction together with copies of the notarised document. I will also keep copies of your identity documents.
14. DATA PROTECTION: I use the information you provide primarily for the provision of my services to you and for related purposes including updating and enhancing client records, analysis to help me manage my practice. I am also required in many cases to certain keep records by law and regulatory rules. These are normally kept indefinitely and may be in paper or electronic format or both.
15. MONEY LAUNDERING: Notaries are obliged under the anti-money laundering legislation to take measures to protect against fraud and forgery. To ensure that I comply with this you acknowledge and agree that I may make all such enquiries as I deem necessary or appropriate in order to comply with my duty, and you will provide me with such documents and information as I may request.
Your failure to do so will entitle us to terminate any engagement that I have with you and I will cease acting for you forthwith.
15. EQUALITY AND DIVERSITY: I am committed to promoting equality and diversity in all of its dealings with clients and third parties.
17. THE RELEVANT LAW: 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 by the English courts.
For and on behalf of: ………………………………………………… (Company name, if appropriate)