Fees

The cost of my notarial services is based upon time spent at my hourly rate of £240 per hour with a minimum fee of £90 with the right to vary the rate in respect of work which is particularly complex, carried out urgently or out of usual business hours at your request, in which case an uplift percentage will apply to charges but not disbursements (disbursements are expenses incurred on your behalf such as apostille and legalisation fees, postage, courier fees etc).

Where services are offered in the capacity of Commissioner for Oaths for documents for use within England & Wales, the statutory fixed fee (£5 per document plus £2 per exhibit) will apply plus a fee for the time spent dealing with the transaction based on my hourly rate.

Fixed Fees

In most instances, I will be able to offer a fixed fee. Where a fixed fee is agreed with you, I reserve the right to renegotiate my fee or charge at my hourly rate if matters develop unforeseen complications such as additional or more complex documents, or more people involved in the transaction or if you require additional services from me. Where a fixed fee is agreed but you withdraw your instructions or the work is not completed at your request, I will charge based up the amount of time already incurred.

Expenses incurred on your behalf

You are responsible for all expenses incurred on your behalf, such as (but not limited to) fees due to the Foreign Commonwealth and Development Office (FCDO) or foreign embassies, courier’s fees, translation fees, legalisation agent’s fees, Companies House charges, special postage charges or search fees in registries where needed.

Complete Instructions

By instructing me you agree that you have provided full and complete information relevant to the documents that are to be notarised and the underlying transaction. If you have been advised of any specific wording or process to be used in relation to the documents to be notarised, this should be provided to me.

Payment

Payment of fees is due upon instruction unless otherwise advised.

Data Protection

I am required by law to retain details of the transaction including a copy of the Notarial Act and copies of your personal identification documents in some circumstances indefinitely. It is my policy to retain all such documentation for all Notarial Acts indefinitely. You have been provided with a copy of my Data Protection Policy in relation to retention of personal and special category personal data. Agreement to this forms part of the contractual agreement between us.

Consumer Rights

Where you act a consumer, you have certain legal rights to cancel, where a contract is classed as an “off-premises” contract. This includes a 14 day “cooling off period” within which you are able to cancel your instructions. Should you require me to undertake the notarial services before the expiration of this 14 days period, you will be required to waive these rights in writing prior to any services being provided.

Calculation of Time

Time will be charged as recorded including all work on the matter from start to finish, including preliminary details and advice, preparation, liaison with you or others on your behalf, attendances, drafting time, phone calls, correspondence (including e-mails, copying, faxes and letters) and completion as professionally required of my register and protocol. Letters, phone calls and e-mails are charged at multiples of unit time-cost of 6 minutes per item, with a minimum charge of 6 minutes.

Preparation

This includes (non-exhaustively) all checking or work upon any document presented by you, taking instructions either from you or written by you or others, consideration, drafting, liaising with foreign or local legal advisers, liaising with other advisers or agents, preparation of documents, completion of part prepared documents, binding and or sealing of any document and time taken in ensuring compliance with requirements of England and Wales and any foreign jurisdiction.

Professional Advice

My responsibility is to the integrity of the Notarial Act performed by me on your behalf. My obligation to you is confined to ensuring you understand the nature and purpose of the content of the document concerned and that you intend to be bound by it. It is not my responsibility to provide legal advice as to the effect of the document, in relation to this, you must place reliance upon such advice as may be provided by your own professional advisers either here or in the foreign jurisdiction concerned.

Integrity of the Act

In order to discharge my obligation, I have to be satisfied as to your identity, your capacity, understanding and intent legally to perform it and, in some circumstances, I shall have to insist upon there being a translation. While I shall endeavour to ensure your document in its form and content is fit to achieve its purpose, I am not liable to you if it does not. I must also be satisfied the act is your voluntary act, that there is no fraud, violence or duress involved. If I am not satisfied as to any of the matters referred to in this paragraph, I am obliged to refuse to complete the matter.

Digital and/ or Remote Notarisation

Where you have instructed me to deal with a notarial act by digital / remote/ online notarisation via video-conference, you confirm that you have taken advice from suitable advisors and/ or confirmed with the recipient of the notarial act that this method of notarisation is acceptable in the relevant jurisdiction for the intended purpose. You also agree that I will not be liable in the event that the notarial act is not acceptable on the basis of it having been notarised digitally/ remotely and that my fees will still be due.

Use of Technology, Devices and Artificial Intelligence

To the extent that I use any automated decision-making technology, including artificial intelligence, in the course of my services, I do not rely upon the same without human intervention. Before using any new technology including artificial intelligence, I carry out an appropriate risk assessment to ensure that your rights are not adversely affected by the same.

Anti-Money Laundering, Proceeds of Crime and Anti-Terrorism Legislation

I am required by law to ensure that I assess each transaction in relation to the possibility of money laundering, proceeds of crime and terrorism. To enable me to do this I will need to check your identity, address, the source of funds, destination of funds and the nature of the transaction. I am not able to simply “certify your signature” on a document.

Foreign, Commonwealth and Development Office and/or Consular Legalisation

Some countries require a document to be “legalised”. This is the process by which the relevant state agency confirms that my seal and signature are those of an appropriately qualified and authorised Notary Public for England and Wales. The Foreign and Commonwealth Office attach an apostille to the document. Sometimes the document then has to go to the Embassy/ Consulate / High Commission (Embassy) of the country to where the document will be sent.. The Embassy will then attach its own certificate to the document. The FCO and Embassies charge fees for their involvement and you are responsible for payment of such fees. Your lawyer may advise you of the need for legalisation. If not, you should ask him or her about it. I will usually be able to obtain the necessary legalisation, providing you have provided the funds to enable me to do so, and I shall discuss with you the timescale and whether I should use legalisation agents or couriers if speed is required. However, you may arrange legalisation yourself if you wish.

Record Keeping

All notaries are required to maintain a record of notarial acts they complete. I shall also retain a copy of any notarised document and evidence of your identity in my protocol.

Liability

To the extent that I am permitted by law to do so, I limit my liability to you to the amount of my account for professional services. In no case shall my liability to you exceed £1,000,000.00. If you request that I post or arrange for the courier of documents on your behalf you accept that I am not responsible for their loss, or other direct or indirect losses that you may incur, as a result of them going missing, being damaged or being delayed whilst in transit.

Relevant Law

The relevant law governing my contract with you is the law of England and Wales; any dispute shall be decided by the courts of England and Wales.