Guidance Notes and Terms of Business

  1. It will usually be necessary to meet you to deal with your documents. You will need to come to my office. By prior arrangement and in exceptional circumstances I may agree to meet you elsewhere, but I reserve the right to charge an additional fee for travelling time and travel expenses etc.
  2. It will assist me greatly if before our meeting you sent me either the original document or an emailed version of it, together with any specific instructions that you may have received from lawyers or others in the country to which the document is to be sent. I will need to know if any documents are not in English and whether any signatory does not speak English. Please also tell me if any signatory suffers any form of disability or impairment of sight or hearing so that proper arrangements can be made.
  3. At our meeting you will need to bring with you the original documents together with your identity documents, your passport or photocard driving licence and an original document such as a bank statement or utility bill dated within the last 3 months and showing your residential address. It is part of my function as a notary to satisfy myself as to your identity.
  4. For companies I will need to see the identity documents of the person who appears before me on behalf of the company and also original documents confirming the authority of that person to represent the company, for example signed minutes of a meeting confirming a Board Resolution, a Power of Attorney or the articles of association of the company.
  5. Please be aware that by law I have to observe money laundering rules and if I have any suspicions as to the bona fides of the transaction that you are asking me to undertake I have a legal duty to inform the appropriate authorities without notice to you.
  6. Certain countries require the document produced by me to be legalised with an Apostille which is obtained from the Foreign and Commonwealth Office in Milton Keynes. The Foreign and Commonwealth Office currently charges £30.00 per document. I arrange for an agent to attend on your behalf to deal with obtaining the Apostille. This tends to be quicker than sending the document by post.
  7. Notaries do not merely “rubber-stamp” documents. All notaries must exercise a high degree of care and diligence in notarising documents as they are to be relied upon by clients, third parties and foreign governments. I am therefore bound by my duty as a notary to guard against error, omission fraud or forgery and this duty takes precedence over everything else, even though delay may have financial implications for you. Sometimes, for example I need to verify independently the facts stated in a document. If this cannot be done I may have to add a qualification to my certificate which may render it less effective in the receiving jurisdiction. No liability is accepted in such a case.
  8. I may refuse to accept instructions, for example if I suspect fraud or violence has been used to coerce a signatory or if I am not satisfied that the signatory understands the nature of the document that they wish to sign.
  9. I can accept payment of my fees by cheque or in cash. Please note that I do not have a facility for accepting debit or credit card payments. Payment may be made by BACS or CHAPS to my bank account. I can supply details on request.
  10. I store without charge copies of notarial acts made by me. I do not always keep full copies of your documents but reserve the right to do so. My practice is registered with the Information Commissioner’s Office. I may be required to make copies of documents available to all who have a proper right to see them.
  11. My registered office address is 6 Earls Court Priory Park East, Hull HU4 7DY but Ialso practice from 112 King Street, Cottingham, East Yorkshire, HU16 5QE at Jane Brooks Law. My notarial business is conducted entirely separately to that of Jane Brooks Law and all notarial matters are kept confidential from that firm. I may request your permission to introduce the services of Jane Brooks Law to you for general legal services. Please tell me if you do not consent.
  12. Except so far as excluded by the Unfair Contract Terms Act 1977, my liability for any loss, injury or damage of any nature whatever, whether direct or consequential, including (without limitation) in respect of negligence or breach of duty of care is limited to £750,000.00 in respect of any one claim or series of related claims.
  13. You shall and you hereby agree to indemnify me and my affiliates and their officers, employees, agents and subcontractors (each an “Indemnified Party”) from and against any claims, losses, demands, actions, liabilities, fines, penalties, reasonable expenses, damages and settlement amounts (including reasonable legal fees and costs) incurred by any Indemnified Party arising out of or in connection with any breach by you of the warranties included in paragraphs 8 & 9 of my Data Protection Privacy Notice which is set out on this site.
  14. My practice is fully insured through HCC International, Walsingham House, 35 Seething Lane London EC3N 4AH, United Kingdom Tel 020 7702 4700 Fax 020 7626 4820.
    • English law shall be the applicable law and the English courts shall have exclusive jurisdiction in the event of any dispute.
    • In the event that you have a complaint please see the following details of the formal complaints procedure overseen by the Notaries Society:

     

    COMPLAINTS PROCEDURE

    • 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.office@1thesanctuary.com
      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,
    Old Church Chambers, 23 Sandhill Road,
    St James
    Northampton NN5 5LH.
    Email : secretary@thenotariessociety.org.uk  Tel : 01604 758908

    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
    PO Box 6806
    Wolverhampton WV1 9WJ
    Tel : 0300 555 0333
    Email: enquiries@legalombudsman.org.uk
    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 or omission 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.

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