The international duty of a Notary involves a high standard of care. This is not only towards the client but also to anyone who may rely on the document and to governments or officials of other countries. These people are entitled to assume that a Notary will ensure full compliance with the relevant requirements both here and abroad, and to rely on the Notary’s register and records. Great care is essential at every stage to minimise the risks of errors, omissions, alterations, fraud, forgery, money laundering, the use of false identity, and so on.
The Notary should normally witness your signature. Please do not sign the document in advance of your appointment with me.
It can save time, expense, and mistakes if, as long before the appointment as possible, you can let me have the originals or photocopies of:
For out of office appointments the presumption is that the client provides to me the document/s requiring notarisation. If you wish me to bring a printed version of the document this must be agreed before the meeting.
I will need you to produce by way of formal identification the original of (in preferred order):
In a case where the name on the document is different from the name you are currently using, or there has been a variation in the form of spelling of the name over the years, please provide me with, e.g. Certificates of Birth, Marriage, or a Divorce Decree. If there has been a change of name, then I will need to see a copy of the Deed Poll or Statutory Declaration, which dealt with it.
If a document is to be signed by you on behalf of a company, a partnership, a charity, club or other incorporated body, there are further requirements on which I may have to insist. Please be prepared for these and telephone with any point of difficulty before attending your appointment with me.
In each case: Evidence of identity of the authorised signatory (as above) and a Letter of Authority, Minute, Resolution or Power of Attorney, authorising you to sign the document.
Additionally, for companies, I will need to see the Certificate of Incorporation and of any Change of Name, a copy of the Memorandum and Articles of Association and details of Directors and Secretaries (as applicable).
For partnerships, clubs, etc, I will require to see the Partnership Agreement; or relevant Trust Deed; or Charter; or Constitution/Rules.
I will always verify such details with the appropriate public registers for which there will be a small additional charge.
If you bring a document to me for authorisation as a Notary, I will advise you as to the formalities required for completing it. However, I shall not be attempting to advise you about the transaction itself.
It is important that you understand what you are signing.
If you and I cannot understand each other because of a language difficulty, we may have to make arrangements for a competent interpreter to be available at our interview and this may involve a further fee.
When I carry out my work for you, I am required to make an entry in a formal register, which is kept by me. I retain a record of the notarised documentation. In the case of “Public” documents I will keep a full copy or counterpart original bearing your signature and identification documents.
I am a registered data controller under the Data Protection Act. Personal data received from clients is held securely and is not capable of being accessed externally. Data collected by me as part of my record is used solely for the purposes of meeting my legal responsibilities as a law practitioner exercising a public function. And will not be shared with external third party entities. I am registered with the Information Commissioner’s Office (ICO).
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.
If a client uploads a document notarised by me onto ChatGPT or other AI platform, they are liable for any spread of data which may occur as a consequence.
In the interests of my clients, I maintain professional indemnity insurance at a level of at least £1,000,000.00 per claim.
You may terminate your instructions to me at any time by giving me reasonable written notice. All fees and disbursements incurred up to the date of termination will be charged. I reserve the right to terminate my engagement at any point e.g. if you fail to settle your fees on account, or if a quote is obtained and the assignment turns out to be more complex or involves more documents than initially declared.
My notarial practice is regulated by the Faculty Office of the Archbishop of Canterbury:
The Faculty Office, 1 The Sanctuary, Westminster, London, SW1P 3JT
Tel: 020 7222 5381
Email: Faculty.office@1thesanctuary.com
Website: www.facultyoffice.org.uk
If you are dissatisfied about the service you have received or the way I am handling your personal data, 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 six 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 6167, Slough, SL1 0EH
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 (LO) you must refer your matter to the LO 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 have reasonably have known there was cause for complaint (only if the act or omission took place more than six years ago).
*Certain kinds of commercial entities are not eligible to make complaints to the LO. Please refer to the LO Scheme Rules or consult the Faculty Office.
Regulated through the Faculty Office of the Archbishop of Canterbury