Notary Public Terms of Business:
Except in the case of complex matters we will agree with you beforehand a fixed fee. If however at the appointment the matter proves to be more complicated or there are more documents or people involved than first indicated or legalisation is required, we reserve the right to agree an amended fee with you.
Our present hourly rate is £275. We reserve the right to vary the rate, in respect of extremely urgent work or work done outside ordinary office hours or at the weekend.
We are currently not registered for VAT
You are responsible for all payments which we make on your behalf. Typical examples are legalisation fees paid to the Foreign and Commonwealth Office and/or an Embassy, legalisation agents’ fees, Companies Registry fees, couriers fees and special postage charges. Any of these can change without warning even after an estimate or indication of fees have been given. In particular, consular legalisation fees can change abruptly and arbitrarily. However, we shall not incur these expenses without first obtaining your consent to do so.
Our charges are normally payable on the signing of the document or on the receipt of the notarised document. If we render a bill in respect of the work, payment will be due when you receive the bill.
This includes all work undertaken on your matter from start to finish including preliminary details and advice, preparation, attendances, drafting, phone calls, correspondence including emails, faxes, copying documents and the completion of our register and protocol. Letters, emails and phone calls are charged at a minimum of six minute units or otherwise at the time taken.
Includes checking and dealing with any documents presented by you, any instructions accompanying the documents, consideration and drafting of documents before, during or after attendances, attending to any amendments or completing any blanks in the documents, binding the documents securely and dealing with any special requirements or formalities of the foreign country.
Your Own Professional Advisers:
It is not our responsibility to give you legal advice concerning the document. Our role is to be satisfied that you understand the content of the document and that you intend to be bound by it. You are advised to seek first the advice of your own independent legal or other competent professional adviser who practices in, or is skilled in the law of the jurisdiction to which the document will be sent.
We have to be satisfied as to your identity, your legal capacity, your authority and your understanding and approval; in certain instances we may insist on a translation; we will try to ensure the document, in the manner of its execution, its form and substance will achieve its purpose; we must be satisfied that it is your voluntary act and that no fraud, violence or duress is involved and that other stipulated formalities either under English or foreign law are observed. If we are not satisfied about any of those things we can refuse to undertake the matter.
Foreign and Commonwealth office and/or Consular Legalisation:
Some countries require a document to be legalised. This is the process by which a state agency confirms that our seals and signatures are those of English notaries. The Foreign and Commonwealth Office attach an Apostille to the document. Sometimes the document then has to go to the London Embassy for the country to where the document will be sent. The Embassy will then attach its own certificate to the document. Your lawyer will probably advise you of the need for legalisation. If not, you should ask him about it. We are able to obtain the necessary legalisation and shall discuss with you time scale and whether we should use legalisation agents or couriers if speed is required. However, you can deal with legalisation yourself if you wish.
Register and Protocol:
At the end of the matter, we make formal entries of the main details in our register and keep copies of the notarised document and proof of identity in our protocol.
The Relevant Law:
The law which governs our contract with you is English Law and it is agreed that any dispute relating to our services shall be resolved by the English courts.
Confidentiality and Data Protection:
We use the information provided by you primarily for the provision of notarial services to you.
Our use of that information is subject to your instructions, the Data Protection Act 1998 and our duty of confidentiality. Please note that our work may require us to disclose information to third parties such as translators, expert witnesses and other professional advisors and you consent to such disclosure. You have a right of access under data protection legislation to the personal data that we hold about you.
Subject as noted above, we shall keep confidential all information you pass to us (unless the information is in the public domain, or we are or become aware of it from another source, or we are required by law to disclose it) and all reports, advice and recommendations produced by us as a result of your instructions.
You shall keep confidential any methodologies and technology used by us to carry out work on the matter. Where you have provided us with personal information you consent to our use of this in our working relationship. You also consent to sharing of that information with our associated legal practice of Tollers LLP Solicitors. We may also use this information to contact you by email, telephone or post to provide you with information which we believe may be of interest to you. If you would like us to stop using your personal information for such purposes then please notify us. We may also provide this information to any successor firm carrying on our business.
You authorise us to communicate with you and third parties in connection with your matters by email and acknowledge that, by its nature, email may not be a confidential medium and accordingly we shall have no responsibility for the confidentiality of information transmitted by email.