General Information
The main duty as a Notary Public is to authenticate documents and facts which are then to be used outside this country. This can cover property transactions, administration of the estates of deceased persons, commercial transactions in other countries, and immigration. We typically see clients in the office (Basingstoke and Farnborough) but are available to attend elsewhere if necessary.
Procedure
One function as a Notary is to ensure that, as far as possible, documents and persons are genuine. It has been a matter of course for Notaries to verify identity by sight of passport and at least one item with current address therein, for example, a current full driving licence or recent utility bill. If a transaction is by a limited liability company, this will also need to be supported by similar evidence of the appearing officers of the company and also resolutions authorising the transaction.
Unlike our practice as Solicitors, we are not here to advise on the effect of the documents. It is up to you to obtain advice, very often from the foreign lawyer who is acting. We will want to know if you understand the type of transaction, and if the document is in a foreign language, it will probably need to be translated. It is clearly not acceptable for any client to enter into a document in a foreign language that they do not understand. Some foreign Notaries/agents prepare documents in English and their own language alongside.
We are required to keep records of documents we have authenticated. Copies of our records can be made available for a fee to the parties to the transaction and to anyone else who has legitimate reason for needing to see copies, and this can include the Courts, tax officials and the Police.
Fees
Our fees are based on the amount of time it takes me to complete the matter, including recording it. The current charging rate is £350 an hour, plus VAT. It would be unusual for a transaction to take less than twenty minutes, but our team will inform you what the fees are likely to be when we have seen what is involved. We usually work on a fixed fee basis where the minimum fee for individuals is £150 plus VAT and the minimum fee for companies is £300 plus VAT. Fees for home visits to individuals or to company premises start from £350 plus VAT. We always endeavour to charge you a fixed fee, but if needs be, we charge an hourly rate of £350 plus VAT.
In addition to the fixed fee, there may be some fees payable to third parties, such as the Foreign Office, Consuls, or Registrars. These fees are called disbursements and will have to be paid in advance.
Legalisation
A number of countries wish to be sure that our Notaries are properly authorised to act as a Notary. This procedure is called legalisation. For most countries this means applying to the Foreign Office Legalisation Office in Milton Keynes for an Apostille under The Hague Convention. Some countries also require documents to be legalised by their consulates in London. We can advise you on the fees chargeable because they do vary considerably according to the country involved.
Complaints Procedure
1. Our notarial practice is regulated by the Faculty Office of the Archbishop of Canterbury:
Address: The Faculty Office, 1 The Sanctuary, Westminster, London, SW1P 3JT
Telephone: 020 7222 5381
Email: [email protected]
Website: www.facultyoffice.org.uk
2. If you are dissatisfied about the service you have received, please do not hesitate to contact your Public Notary.
3. If we are unable to resolve the matter, you may then complain to the Notaries Society, of which we are members, which has a designated Complaints Procedure approved by the Faculty Office. This procedure is free to use and is designed to provide a quick resolution to any dispute.
4. In that case, please write (but do not enclose any original documents) with full details of your complaint to:-
Address: The Secretary of The Notaries Society, PO Box 876, Chichester, PO19 9ZH
Email: [email protected]
Website: https://www.thenotariessociety.org.uk/pages/complaints
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.
5. 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 8 weeks 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:
Address: Legal Ombudsman, PO Box 6167, Slough, SL1 0EH
Telephone: 0300 555 0333
Email: [email protected]
Website: www.legalombudsman.org.uk
6. If you decide to make a complaint to the Legal Ombudsman, you must refer your matter to the Legal Ombudsman within one year from the act/omission or within one year from when you should reasonably have known there was cause for complaint.
*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.
For more information on our Notary service please go to our Services page: Notary Public.
