Terms of Business

1. My Fees

My fees are calculated on the basis of the time I will spend on your matter.

Wherever possible, I will give you a fixed fee at the outset.  If it later proves to be more complicated or extensive, or if legalisation is required, I reserve the right to increase the fixed fee accordingly, or to charge an hourly rate. My minimum fee is £85, and my current hourly rate is £250.

2. VAT

I am not currently registered for VAT.

3. Disbursements

I may need to make payments on your behalf in relation to your instruction.  The most common such disbursements are Foreign and Commonwealth Office / Foreign Embassy fees, legalisation agents’ fees, Company Registry fees, couriers’ fees and special postage charges.  In relation to foreign language documents, a translation may also be required.

You will be responsible for all such payments I make on your behalf, but I will not incur those expenses without first obtaining your consent.

4. Payment

My charges are normally on the signing of the document or the receipt of the notarised document.  If I render an invoice in respect of the work, payment will be due when you receive my invoice.  In either case, I reserve the right not to release the document until payment has been made in full in cleared funds.

I may ask you for payment on account of disbursements, and fees and expenses charged by third parties, in relation to your document.

5. Legalisation

Some countries require a document to be legalised.  Legalisation is the process by which a state agency confirms that my seal and signature are those of an English Notary.

If legalisation is required, your document will be sent to the Foreign and Commonwealth Office, who attach a certificate called an “apostille”.

Some countries also require their own consular legalisation, which involves your document then also being sent to that country’s London Embassy, where a further certificate will be attached to the document.

I can arrange the necessary legalisation of your document.  I will be happy to discuss with you the time scale involved, and whether we should use legalisation agents or couriers if speed is required.  However, you can deal with legalisation yourself if you wish.

6. My responsibilities

As a Notary, I have to be satisfied as to your identity, your legal capacity, your authority, and your understanding and approval in relation to your document.

I must also be satisfied that the document concerned is your voluntary act, that no fraud, violence or duress are involved, and that the relevant stipulated formalities, under English or foreign law, are observed.

If your document is wholly or partly in a foreign language, I may insist on a translation.

I will try to ensure that the document will achieve its purpose, in its form, substance and manner of execution.

If I am not satisfied about any one of those things, I can refuse to undertake the matter.

7. What I am not responsible for

It is not my responsibility to give you legal advice about your document.  You are advised first to seek the advice of your own independent legal or other competent professional adviser who practises in, or is skilled in the law of, the jurisdiction to which the document is to be sent.  My role is to be satisfied that you understand the content of the document, and that you intend to be bound by it.

8. Register and Protocol

At the end of the matter, I will make a formal entry of the main details in my Notarial Register.

I will keep copies of the notarised document, and proof of identity documents, in my Protocol.

9. My liability

I carry professional indemnity liability cover of £3million, which is more than the minimum level of cover specified by the Faculty Office. I therefore limit my liability to you to £3million, unless you are injured or die as a result of my negligence, in which case my liability is unlimited.

10. Data Protection

I am registered with the Information Commissioner as a Data Controller under the provisions of the Data Protection Act 2018.

I will hold personal and/or sensitive personal data which you provide to me, for the purposes of complying with my legal obligations in providing Notarial services to you.

11. Relevant law

My contract with you is governed by the law of England and Wales.  Any dispute regarding my services shall be subject to the jurisdiction of the Court of England and Wales.