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Notary Terms & Conditions

1. HOURS OF BUSINESS

My office hours are Tuesday & Wednesdays 9.00 am to 5.00 pm (but this may vary from week to week). 


2. RESPONSIBILITY

As a Notary my first duty is to the transaction as a whole. Notarial acts are relied upon by clients, third parties and foreign governments and officials worldwide. Unless otherwise agreed in writing, a Notary's responsibility is limited to the Notarial formalities and does not extend to advice on/or drafting of documentation or in relation to substantive legal input on the matter under consideration. I do not give foreign law advice. 


3. FEES

My fee for the work that you have asked me to undertake for you is £                     Together with (if applicable) £                administration fee. 


4. DISBURSEMENTS

Y(?U are responsible for all payments which I make on your behalf. Typical examples are legalisation fee paid to the Foreign & Commonwealth office and/or the Embassy, Legalisation agent's fees, Companies Registry fees and special delivery post charges. However I shall not incur those expenses without first obtaining your consent to do so. There are no anticipated disbursements iô€€‹ relation to the work that you have asked me to undertake for you or; 

The disbursements for the work that you have asked me to undertake are £                being the Apostile fee to the Foreign & Commonwealth Office and £                postage charges. 


S. PAYMENT

My charges are payable at the initial meeting by cash of credit/debit card payment. Notarised documents will not normally be released until all fees and disbursements have been paid in full.


6. DOCUMENTS

I may need more than one appointment to finalise the matter, particularly if it is necessary for me to prepare all or some of the documentation.


7. PROOF OF IDENTITY

Identification of individuals and proof of residential address is required. This is usually by way of a current Passport, Photographic Driving Licence or National Identity card and a utility bill which is no more than 3 months old. 

If you act on behalf of a Company I will need to establish that it exists and that the signatory has authority to represent it. I generally conduct my own checks at Companies House. In some cases I may ask you to produce a Certificate of Incorporation, Good Standing Certificate of other similar evidence.


8. WRITTEN TRANSLATION

In cases where I do not have knowledge of the language in which a document. is written, official translation may be required before and/or after execution of the documentation.


9. LIABILITY

I carry Professional Indemnity Liability cover of £1,000,000 which is the minimum level of cover specified by the Master of the Faculties. I therefore limit the level of my liability to you to £1,000.00 unless you are injured or die as a result of my negligence, in which case my liablllty is without limit.


10. REGULATION

Notaries are regulated through the Faculty Office of the Archbishop of Canterbury, The Faculty Office, 1 The Sanctuary, Westminster, London, SWl 3JT. Tele: 0207 222 5381. 

Email: facultv.office@lthesanctury.com Their website is at www.faculty.office.org.uk


11. COMPLAINTS

I aim to provide all clients with an efficient and high standard of service. However, in the unlikely event that you should wish to complain, then you should follow the complaints procedure set out below.


a. If you are dissatisfied with the service you have received please do not hesitate to contact me. You can make contact by email, telephone or by letter. My aim (subject to annual leave an􀀏 the like) would be to acknowledge your complaint within a week. At that time I would also inform you as to how long I believe it would take to investigate and deal with your complaint. I am required to resolve your complaint within 8 weeks.



b. If I am unable to resolve the matter then you may complain to the Notaries Society of which I am a member. They have an informal Complaints Procedure which is approved by the Faculty Office. The procedure if free to use and is designed to provide a quick resolution to any dispute. If you decide to use their complaints procedure you will need go write to them (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@thenotatiessocietv.org.uk Tele: 01604 758908. If you have any difficulty in making a complaint in writing, please do not hesitate to telephone the Notaries Society/The Faculty Office for assistance.


c.    If you have your complaint considered under the Notaries Society's approved complaints procedure, you may at the end of that procedure, or after a period of 8 weeks from the sate you first notified me that you were dissatisfied, make your complaint to the Legal Ombudsman if you are not happy with the result (unless you are a commercial entity in which case you should refer to the Legal Ombudsman Scheme Rules or consult the Faculty Office to see if you are eligible to do so) at The Legal Ombudsman, PO Box 6806, Wolverhampton, WVl 9WJ. Tele: 0300. 555 03333. 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 them within 6 months from the conclusion of the complaint process.



12. RECORDS

At the end of the matter a formal entry of the main details of your transaction together with copies of the notarised documents may be kept. In particular, when Notaries are requested to certify documents such as public deeds, the above details will also be kept in their Notarial protocol.


13. DATA PROTECTION

I use the information you provide primarily for the provision of my services to you and for related purposes including updating and enhancing client records, analysis to help me manage my practice, statutory returns and legal aid regulatory compliance.


14. MONEY LAUNDERING

Notaries are obliged under the Money Laundering Legislation to take measures to protect against fraud and forgery. To ensure that I comply with this you acknowledge and agree that I may make all such enquiries as I deem necessary or appropriate in order to comply with my duty and you will provide me with such documents and information as I may request. Your failure to do so will entitle me to terminate my engagement and cease acting for you forthwith.


 15. EQUALITY AND DIVERSITY

I am committed to promoting equality and diversity in all of my dealings with clients and third parties. 


16. THE RELEVANT LAW

The law which governs my contract with you is English Law and it is agreed that any dispute relating to my services shall be resolved by the English Courts.


17.PRIVACY NOTICE

Your attention is drawn to the privacy notice which appears on my website at www.mps.notary.co.uk


18. INFORMATION COMMISSIONER'S OFFICE

ICO Number is ZA431616


19. Confirmation is hereby given that the quotation/fees are accepted.


SIGNED .................................................................................................................

DATED .................................................................................................................

For and on behalf of .................................................................................................................


ANNEXURE 

APPLICATION FOR PRACTISING CERTIFICATE 2018/19 

MARTIN PHILLIP SMITH - NOTARY PUBLIC 

Steps taken to make myself aware of the Money Laundering, Terrorist Financing and Transfer of Funds (Payer Information) Regulations 2017 (the Regulations) 


Steps I have taken and changes I have made:

• I have completed a risk analysis for my practice, as required by Regulation 18

• I have considered the requirements in Regulation 21 for

o an independent audlt

o the screening of employees

o the appointment of a board-level individual responsible for compliance with the Regulations and have determined that, given the size and nature of my business and the fact I am in sole practice with no employees these are currently not required but I will be screened every five years, by Disclosure and Barring Service searches. 

• I have documented and adopted an Anti-Money Laundering Policy

• I have documented procedures in place where I identify my clients and their source of wealth and funds, and I keep records of the same where I am instructed to undertake legal services within the meaning of Regulation 12 of the Regulations

• I undertake a risk analysis when I take on a new client or a new matter for a current client, and document the same where I am instructed to undertake legal services within the meaning of Regulation 12 of the Regulations

• I repeat the risk analysis I have undertaken on any client where I am instructed to undertake legal services within the meaning of Regulation 12 of the Regulations, where a period of three years has expired since my last instruction, or where the identity, beneficiaI ownership or circumstances of the client have changed

• I have procedures in place for identifying politically exposed individuals, high-risk industries, high-risk territories and sanctioned individuals or entities

• I refer to the Legal Sector Affinity Group Anti-Money Laundering Guidance for the Legal Sector regularly and have a printed copy to hand at my office

• I plan to repeat training on the Regulations annually, or on an ad hoc basis if there are legislation changes in the meantime.

I do not have any staff working at my Notarial Practice. 

I do not hold client's money at any time In respect of any transaction. The only time I receive monies from clients is for payment of my fees.