Terms of Business
- Basis of the retainer – I contract only on the basis of these conditions
- Fees and Disbursements – I charge fees based on the type and number of documents and the urgency of the matter. I charge a minimum fee of £105. I also charge out of pocket expenses, for example fees payable to the Foreign Office, Foreign Embassies or agents dealing with the legalisation of documents; postage and courier charges. My bill must be paid on presentation, and documents will not be released until it has been paid.
- Money Laundering Provisions- I operate a money laundering procedure as required by law. If I have any suspicions, information will be revealed to the appropriate authorities. You must provide satisfactory proof of identity.
- Verification of Facts – Part of the notary’s role is to check the facts in the documents she notarises for her clients, and this sometimes involves obtaining evidence or proof from sources independent of the client. In this I need the Client’s full cooperation. If I have to add disclaimers to the document to make it clear that there are facts which I have not been able to verify the document may become useless or of less benefit to the Client and I will not accept liability if this is the case.
- Foreign Law – I do not advise on foreign laws and accept no liability for the legal content of documents to be used abroad, whether prepared by foreign lawyers or by other advisors. If you instruct me to notarise documents prepared for use abroad you should obtain advice from the foreign lawyers or advisors who have prepared them as it is their responsibility to ensure that they comply with relevant foreign laws.
- Storage of Documents – I will store without charge to the Client a copy of every notarial act as a permanent record. I will not always keep a full copy of the Client’s own document but I reserve the right to do so.
- Professional Indemnity and limitation of Liability- I maintain professional negligence indemnity insurance providing cover in the sum of £1,000,000. No liability for loss to clients not covered by the limits of my professional indemnity insurance can be accepted. All liability arising out of legal actions instituted within the jurisdiction of the United States of America or Canada is excluded.
- Jurisdiction – English law shall be the applicable law in relation to any dispute in relation to these terms and conditions, and the English courts shall have sole jurisdiction.
- 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.firstname.lastname@example.org 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, who 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 PO Box 7655 Milton Keynes MK11 9NR
Email email@example.com 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 6 months 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: firstname.lastname@example.org 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 six months of receiving a final response to your complaint and
- Six years from the date of act/omission; or
- Three years from when you should reasonably have known there was cause for complaint (only if the act took place more than six years ago)
- 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.