Terms of Business
M E LEGISTER LL.B
5-6 The Shrubberies
London E18 1BG
Tel: 0208 989 3000 Fax: 0208 989 9000 E-mail address: email@example.com
TERMS AND CONDITIONS OF NOTARIAL RETAINER
Unless otherwise expressly agreed in writing between the parties, the Notary’s services and the fee charged are based on the following terms:
- The client will make to the Notary full and frank disclosure of all relevant facts and circumstances.
- The Contract with the Client is governed by the Laws of England and Wales and is subject (except in the case of proceedings undertaken by the Notary to protect the integrity of the Notary’s act) to the exclusive jurisdiction of the English Courts.
- It is the responsibility of the Client to ensure in good time that the document meets requirement of content, form and legalisation outside England and Wales. Although the Notary will seek to comply with the requirements of the applicable foreign law, the Notary is not liable for the consequences of any defect or omission in the content, form of legalisation requirements of any document for use abroad.
- The duty of care owned by the Notary to the client and to the public does not include liability for economic loss, or for consequential loss.
- Unless the Notary agrees otherwise in writing, the liability of the Notary for Notarial services for each separate transaction (comprising one or more documents for which one charge is made by the Notary) shall not exceed his professional indemnity insurance limit for the time being in force.
- Notaries charge for the time, skill and responsibility of their work, and may make a supplementary charge for transaction value, availability and other relevant factors. The full cost of the Notary ‘s service is to be paid by or for the Client and is payable before documents are issued - unless credit terms have been previously agreed.
For the notarisation of one document and one person signing the charge will be from £70 but not exceeding £80.
In the event that the Notary is asked to obtain an apostille from the Foreign and Commonwealth Office an additional charge of £25 will be made to cover postage correspondence and administration to the Notary.
All the above charges assume that the document produced by the client is in a fit state ready to be executed and requires to further work or drafting by the Notary other than the preparation of the relevant Notarial certificate.
For more complicated notarial transactions involving the preparation of “bespoke” documentation the charge will be levied on a time spent basis and or will be agreed in advance with the client wherever possible.
The normal current rate is a charge of £200.00 per hour.
Please note there may be additional fees to be paid to the Foreign & Commonwealth Office or an Embassy.
- Where the Notary is required to notarise a document in a foreign language the Notary is under a professional duty to ensure that he himself understands the nature and effect of the document, as does the person signing it. Consequently, if the Notary is not familiar with the language in which the document is written the Notary may well require a proper translation of the document to be prepared before he is prepared to notarise the same. Furthermore, if the person appearing in front of the Notary is unfamiliar with the English language the Notary may well insist upon a translator being present during the notarisation process and in either event the additional costs of the translator and translation as appropriate shall be borne by the client.
- In the event that the Notary is asked to, and agrees to, arrange for an apostille under the Hague Convention to be placed on any documentation, the Notary undertakes to despatch the documentation to the Foreign and Commonwealth Office by Post as quickly as reasonably possible but cannot under any circumstances be responsible for the length of time taken for the document to be returned by the Foreign and Commonwealth Office or for its loss in transit to or from the Foreign and Commonwealth Office. The client understands and accepts that any estimate of date of return given by the Notary is simply an estimate based on the Foreign and Commonwealth Office’s past performance and is no guarantee of a similar performance in the matter in hand. The Fees charged by the Foreign and Commonwealth Office are £30.00 per document plus £5.50 for postage.
Clients are advised that another method of Apostilisation exists. The document can be sent by the Notary in the Document Exchange or Postal System to Notarial Agents based in Milton Keynes who will present it on behalf of the client at the Legalisation Office returning it by post/document exchange as soon as apostilled. This latter method normally takes approximately one week (which cannot be guaranteed) and the Agents fees will have to be paid in advance by the client. These are currently £30.00 for a single document. Two or more documents attract a higher fee and the client will be advised of these in advance.
- In the event that the Notary is asked to despatch the notarised document (bearing an apostille or otherwise) he will do so by ordinary pre-paid post unless he is specifically requested to arrange some other method of delivery and in any event, the Notary cannot be held responsible in any way should the document fail to reach its destination.
- For the avoidance of doubt the client acknowledges that he/she is contracting with the Notary in his capacity as a Notary practicing on his own account at M E Legister, Notary Public and not in his capacity as a Solicitor of the Senior Court and that the Notary’s membership of Huggins & Lewis Foskett Solicitors is irrelevant for the purposes of the Contract between the Notary and the client and that furthermore the sole regulatory authority with jurisdiction in relation to the matter I which the client has consulted the Notary is the Faculty Office of the Archbishop of Canterbury as follows:
1. My Notarial practice is regulated by the Faculty Office of the Archbishop of Canterbury:
2. If you are dissatisfied about the service you have received please do not hesitate to contact me.
3. 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.
4. 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
Northampton NN5 5LH
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.
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 eight 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:
Birmingham B1 2ND
Tel: 0300 555 0333
6. If you decide to make a complaint to the Legal Ombudsman you must refer your matter to the Legal Ombudsman within six months from the conclusion of the complaint process.