TERMS OF BUSINESS

VISITING A NOTARY PUBLIC AND MY TERMS OF BUSINESS

Why do you need a notary?

It is almost always the case that you have been asked to see a notary because you have a document that needs to be used abroad. 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 the client but also to anyone who may rely on the document and to Governments or officials of other countries. These people are entitled to assume that a Notary will ensure full compliance with the relevant requirements both here and abroad; and to 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 so on.

I offer appointments on Wednesdays during business hours and on other days, at my discretion, outside business hours. I am also prepared to make home visits or visit corporate clients at their place of business. If the notarial appointments take 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 advise you that that is the case and will provide you with the necessary information to locate an alternative notary.

2. Signatures

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 mistakes if, as long before the appointment as possible, you can let me have the originals or photocopies of:

The documents to be notarised;
Any letter or other form of instruction which you have received about what has to be done with the documents;
Your evidence of identification.

4. Identification

I will need you 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 national identity card

If neither of the above are available, at least two of the following:

A current government or police issue 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 council tax bill;

You must also bring any other means of ID which may be referred to in the papers sent to you as being required such as a foreign Identity Card. I may also ask to see further evidence of identity or proof of address (eg such as marriage certificates/ official correspondence etc) and will advise you of this if necessary.

5. Proof of names

In a case where the name on the document is different from the name you are currently using, or there has been a variation in the form of spelling of the name over the years, please provide as appropriate Certificates of Birth/ Marriage or Divorce Decree or Change of Name Deed showing all the different name variations.

6. Advice on the document

If you bring a document to me for authorisation as a Notary, I will advise you as to the formalities required for completing it. However, I will not be attempting to advise you about the transaction itself and you should seek legal advice elsewhere first if this is required.

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 into the English language, both documents being attached to my certificate.”

8. Oral Interpreter

If 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 are further requirements. Please be prepared for these and telephone with any point of difficulty before attending on the appointment.

In each case I shall need to see:

Evidence of identity of the authorised signatory (as listed above); and
A copy of the current letterhead (showing the registered office if it is a company); and
A Letter of Authority, Minute, Resolution or Power of Attorney, authorising the signatory to sign the document.

In addition for companies: in all instances I will be carrying out various searches eg at Companies House, London Gazette etc because I need to see the Certificate of Incorporation and of any Change of Name, a copy of the Memorandum and Articles of Association, Details of Directors and Secretaries and satisfy myself that the company is in existence etc. The cost of carrying out such searches will be reflected in the fees charged.

Additionally, partnerships, clubs, etc: a Partnership Agreement or relevant Trust Deed or Charter or Constitution/Rules will need to be produced.

10. Notarial charges and expenses:

Details of my charges are set out below:

My notarial fees are based on my hourly rate of £250.

Please note that if I have to make payments (known as disbursements) on your behalf such as Legalisation, Translation or Interpretation 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 the necessary disbursements. I do not charge VAT on my fees.

For more complicated or time-consuming matters the fee will be based on my hourly rate of £250 subject to a minimum fee of £100, plus disbursements. The fee charged may include time spent on preliminary advice, drafting and preparation time, making and receiving telephone calls, correspondence written and received in all formats, arranging legalisation and record keeping.

Legalisation Disbursements: some documents require legalisation before they will be accepted for use in the receiving jurisdiction by obtaining an apostille through the UK Foreign and Commonwealth Office and, for some countries, additional legalisation is required through the relevant embassy or consulate. My Notarial Agent’s fees will be added to the legalisation fees.

Payment can be made by card or bank transfer to:

Christiane Colbon Notary Public

Account number: 20419568

Sort code: 30 99 50

Cheques payable to Christiane Colbon Notary Public are also acceptable.

Payment of my fee and disbursements is due when the document has been prepared. I will retain the document pending payment in full and in particular clearance of any cheque by my bank.

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 documents are required to be notarised, additional translations or legalisations are needed to meet the requirements of the receiving jurisdiction, third party fees are adjusted to reflect external factors such as fuel price changes and so on. I will notify you of any changes in the fee estimate as soon as possible.

11. Typical Stages of a notarial transaction

Each notarial matter is different and the requirements and timescales will vary greatly according to whether the client is a private individual or a company and in particular according to the processing times of third parties such as the Foreign and Commonwealth Office, legalisation agents, translating agencies, couriers, etc.

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, powers of attorney, board minutes 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 would 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 all notarised documents in accordance with the requirements of the Notarial Practice Rules 2019.

12. Notarial Records and Data Protection

When I carry out my 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 and which will include evidence of identity. I may retain a copy of the notarised documentation with that record. My practice is a registered with the Information Commissioner’s Office with reference no C1160427.

Personal data received from clients is held securely and is not capable of being accessed externally. Data collected as part of notarial records is used solely for the purposes of meeting our professional legal responsibilities as Notaries Public. For full details of my Privacy Policy please see my website: www.ccnotary.co.uk.

13. Insurance

In the interests of my clients I maintain professional indemnity insurance at a level of at least £1,000,000 per claim.

14. 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 me 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.

15. Termination by me

I reserve the right to terminate my engagement by you if I have good reason to do so, for example, if you do not pay a bill 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.

16. Complaints

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

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 the service you have received please do not hesitate to contact me.

If we are unable to resolve the matter you may then complain to the Notaries Society of which I am a member, and which has 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, P O Box 7655, Milton Keynes MK11 9NR.

Email secretary@thenotariessociety.org.uk Tel :01908 803527

If you have any difficulty in making a complaint in writing please do not hesitate to call the Notaries Society/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 8 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.

Email : enquiries@legalombudsman.org.uk

Website : www.legalombudsman.org.uk

If you decide to make a complaint to the Legal Ombudsman, you must refer your matter to the Legal Ombudsman within one year from the act/ omission or within one year from when you should reasonably have known there was cause for complaint.

I hope that these notes are of help to you in understanding what is expected of each of us.

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