NOTARIAL TIME & FEES

OUTLINE: These notes are not exhaustive but a preliminary guideline only.

They interrelate with my accompanying web page TERMS OF ENGAGEMENT -General Notes for Guidance re: NOTARIAL APPOINTMENTS.

1. MY FEES: My present hourly rate is £250.00. My present minimum fee for a brief matter is normally £80.00. I reserve the right to vary the rate, particularly in respect of extremely urgent and/or onerous or unusual matters.

2. V.A.T.: I am registered for VAT in the tax year 2016-2017. VAT is payable on my fees.

3. DISBURSEMENTS: Additionally the client is responsible for all disbursements, including such of the following as are applicable: (1) legalisation fees payable to the Foreign & Commonwealth Office and/or Embassies etc; (2) translators'/interpreters' fees; (3) Companies Registry fees; (4) Agents; (5) travelling expenses where applicable; (6) couriers' and/or other transmission costs.

4. PAYMENT: Notarial charges are normally payable upon signature/release of the notarised documentation, although subsequent work may remain to complete the matter.  We accept cash and cheques supported by a banker's card. We also accept major credit and debit cards but there is a surcharge of 1.5% if payment is made by these means. In case the payment is not made when documents are delivered we will apply the Late Payment of Commercial Debts (Interest) Act 1998 which applies an interest of 8% above base rate".

5. SPECIAL FACTORS may affect fee rate e.g. (1) complexity, difficulty or novelty; (2) skill, labour, specialised knowledge and responsibility; (3) time; (4) number and importance of documents prepared or perused; (5) place and circumstances in which the business or any part is done; (6) value of any money or property involved; (7) importance of the matter to the client; (8) urgency, disruption, dislocation/rearrangement of other work; (9) work unavoidably undertaken out-of-office hours.

6. PLACE OF ATTENDANCE: Your personal attendance at my office is usually essential where my own photocopying and experienced secretarial facilities are available as required. In exceptional cases justifying attendance at your own address - e.g. in the event of incapacitation - special arrangements can be made but this inevitably increases time and expense.

7. TIME: Quite often, one appointment suffices; but fuller details emerging at the appointment may necessitate one or more further meeting(s), possibly the same day in cases of real urgency.

8. TIME CHARGE: this applies to all work undertaken from start to finish including preliminary details and advice, preparation, attendances, drafting, phone calls, correspondence, emails faxes, legalisation and terminal work including the Notarial Register and Protocol.

9. PREPARATION includes:

9.1 the consideration and/or drafting and/or engrossment of documents before, during or after interviews;

9.2 checking and dealing with (a) any instructions accompanying the documents; (b) missing data; (c) vital accuracy of names/addresses and any variations; (d) any special requirements/formalities of the foreign country;

9.3 obtaining all requisite verifications.

10. URGENCY: Urgency and/or expense must not override essential accuracy and validity.

11. YOUR OWN PROFESSIONAL ADVISERS:

11.1. Have you taken advice about this matter from your own (a) English lawyer(s) and/or (b) relevant foreign lawyer(s), and/or (c) other competent professional advisers, here or there?

11.2. Are you taking the potentially huge risk of relying on documents prepared by another party or its adviser(s), without yourself taking independent legal or other competent professional advice?

11.3. Do you want/expect/hope that the notary will do this for you? You may find that a preliminary meeting with me would be cheap at the price and help to clarify your way forward.

11.4. Are you trying to save time and/or cost by attempting to cut corners? DIY can be a costly recipe for disaster.

12. COMPARATIVE FEES: If you have attended an English notary in the past, you may have been charged less/undercharged. But times and standards have changed, as indicated by these and my accompanying web page GENERAL NOTES FOR GUIDANCE (GUIDE). My fees take into account the recommendations of the Notaries Society (adjusted by my presence in London); these confirm that it should not be assumed that all notaries will, or should, charge the same amount for the same work.

13. STANDARDS: Individual notaries do not write the Rules but have to follow internationally recognised and acceptable procedures. Also, professional requirements in the U.K. have become more stringent and onerous through progressive assimilation with European notarial standards, and global developments affecting notarial practice.

14. STRINGENT RESPONSIBILITIES: Thus, whether you or your agents or other parties wish it or not, the notary as an independent scrutineer has to insist on satisfactory compliance with and/or reliable proof of all appropriate matters, e.g. relating to (1) your identity, (2) your legal capacity/authority, (3) your comprehension and approval, (4) interpretation/ translation, (5) documentary objective, (6) form and substance, (7) voluntary act/undue influence etc. (8) alterations in the document, (9) due signature(s), (10) witnessing, (11) observance of other stipulated formalities at home and abroad, (12) Foreign & Commonwealth Office and/or Consular legalisation.

15. RECIPIENT'S REQUIREMENTS: If the foreign country/authority/party with whom you are dealing stipulates that documents are to be notarised, then they will not settle for less. So it is pointless to try to take short cuts (e.g. sign it before a solicitor or any other official person) - which WON'T be acceptable.

16. RISKS OF REJECTION: If we do not do things by the book, unsatisfactory documents are likely to be rejected by the recipient country/authority and come back to you to start all over again, at greater expense/loss of time to you, and the risk of your missing a vital deadline/contract etc.

17. FOREIGN & COMMONWEALTH OFFICE AND/OR CONSULAR LEGALISATION: Some countries require notarised documents to receive further certification (usually termed "an Apostille") by the Legalisation Section of Foreign & Commonwealth Office (since August 2008 located in Milton Keynes near London); and/or legalisation by the relevant High Commission/Embassy/Consulate. At your request, I arrange receipt of apostille by ordinary courier; but clients may if they prefer deal with it themselves in person or by express courier - especially if the matter is extremely urgent.

18. REGISTER & PROTOCOL: At the conclusion, a formal register entry has to be made by the notary as a permanent record; and a photocopy set of the notarised documentation is customarily kept. Frequently, these days, notarial acts in public form are required by "Latin notariat" countries like Spain, Italy, France Portugal, Germany, Poland, Czech Republic, Slovakia or Hungary in which case fully executed set of duplicate originals is required, with the first original to be retained by the notary. In some instances, the notary may retain the original and issue a certified copy.

19. MY LIABILITY TO YOU:

19.1 Under the current law, I am liable if you are injured or die as a result of my negligence. I do not limit that liability in any of the paragraphs of this article 19 or in any other way.

19.2 I assume no liability (whether in negligence or otherwise) for any loss not reasonably foreseeable before my retainer commences, nor any loss of profit, opportunity, goodwill, reputation, business or savings you may make, distress, inconvenience, frustration, anxiety, displeasure, vexation, tension, aggravation, wasted expenditure or data being lost or corrupted, direct, indirect, consequential or punitive damages.

19.3 In case of error or omissions in the notarial act due to my direct responsibility, my liability is limited to: (a) to execute again the notarial act without charges to you or (b) to give you back the 100% (one hundred per cent) of the invoice you paid me due for the notarial act; (c) in the paragraphs (a) and/or (b) above, my limitation of liability excludes all charges and expenses made by you in relationship to, but not limited to: translations/interpreters, consular/diplomatic expenses, legalisation by the Foreign and Commonwealth Office, the time lost in such process, the lost of opportunities or business(es) for which the notarial act was intend to be used. I do exclude my liability, if you took or did not take an independent legal advice in relationship to the content and its meaning of the notarial act and its further use in England or in a foreign country.

19.4 Any liability I assume (including liability for negligence) is limited to £100,000.00 for any event or series of events and £1,000,000.00 for all events in any 12 (twelve) months period.

19.5 I do not assume any liability (including liability for negligence) for the acts or omissions of the providers of postal services, courier services, telecommunications services or for faults in or failures of their networks and equipments, including but not limited to services of:  power, office space availability, communications, transport or strikes, which delay preparation of  the notarial act and/or its delivery to a final destination.

19.6 I do not assume liability for those matters, which were not forecasted or, if forecasted, were inevitable (force majeure).

19.7 Any or all notarial acts, to which the consent was or is given erroneously, fraudulently, maliciously or under intimidation or false pretences will be invalid or void. I reserve a right to refuse to notarise it. In such case, I will not assume any liability towards the notarial act nor to you, except the time spent which shall be paid by you. If I have a suspicion that the notarial act involves any money laundering, I will report it to the appropriate authority, as this obligation is imposed on me by the law under the sanction of imprisonment.

19.8 I do not accept any liability to third parties, even so if I am told or notified of them, according to the Law of Contract (Rights of Third Parties) Act, 1999 regarding privacy of contracts.

19.9 The law that govern this contract is the English Law and all parties agree to submit any difference related to my services to the exclusive jurisdiction of the English Courts.

19.10 No liability will be accepted for any claim first brought in either the USA or Canada.

19.11 Each provision of this paragraph 19 operates separately and is to be read and construed independently of the others.

20. CONFIDENTIALITY: Information passed to us is confidential and will not be disclosed to third parties except as authorised by you or required by law. If on your authority we are working in conjunction with other professional advisers we will assume that we may disclose any relevant aspect of your affairs to them.

21. COMPLAINTS ABOUT MY FEES OR SERVICES:

21.1 My notarial practice is regulated by the Faculty Office of the Archbishop of Canterbury:

The Faculty Office
1, The Sanctuary
Westminster
London
SW1P 3JT

Email Faculty.office@1thesanctuary.com

Website www.facultyoffice.org.uk

21.2 If you have complaints about my work please do not hesitate to contact me, and if the matter cannot be immediately resolved I will refer your complaint to the Notaries Society of which I am a member, who have a Complaints Procedure which is approved by the Faculty Office.

21.3 Alternatively, you can complain to the Notaries Society direct.  Please write (but do not enclose any original documents) with full details of your complaint to:-

Christopher Vaughan

Secretary of  The Notaries Society
Old Church Chambers
23 Sandhill Road
St James
Northampton.  NN5 5LH

Email secretary@thenotariessociety.org.uk

21.4 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 eight weeks from the date of making the complaint to me, make your complaint direct to the Legal Ombudsman (whose contact details are set out below) if the matter has not been resolved to your satisfaction :

Legal Ombudsman
Baskerville House, Centenary Square,
Broad Street, Birmingham B1 2ND

Tel: 0300 555 0333

or enquiries@legalombudsman.org.uk

Website www.legalombudsman.org.uk

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