Notaries Public prepare, authenticate and certify signatures and documents for use overseas. Notaries are qualified lawyers and members of the third and oldest branch of the legal profession in England and Wales. They are also the smallest branch of the profession with only approximately 1,000 practising in England and Wales. English and Welsh notaries can trace their origins back to the times of the occupation of Britain by the Romans. They are effectively civil law lawyers working in a common law jurisdiction and provide a bridge between the civil law jurisdictions and the common law jurisdiction of England and Wales. Please note that our notary does not currently provide an e-notarisation service.
If the document is not in English and does not come with a translation, the document may need to be translated into English before it can be notarised. We can arrange for documents to be translated into English from any language and will provide you with a fixed quote for the work.
Most documents of a legal nature that are to be sent abroad need to be notarised. If you have been told that a document needs to be notarised, you will need to engage the services of a notary public. Solicitors and barristers are not authorised to notarise documents.
Our prices start from £150 + VAT. This is dependent on the scope of work.
This is the fee for our standard notarial service. For more complex transactions, the fee may be higher, but we will always advise you of a fixed price before starting work. An extra charge will be made if you want us to visit your premises. Fees are payable on notarisation of the documents.
Chris Wright, Partner at Legal Clarity (Solicitor & Notary Public).
VISITING A NOTARY PUBLIC AND MY TERMS OF BUSINESS
Why a Notary?
The service provided by me is that of a Notary Public carrying out all permitted notarial activities including, where appropriate, arranging legalisation of documents and sending them to their final destination.
It is almost always the case that you have been asked to see a notary because you have a document that needs to be used abroad. Seeing a Notary is never a mere rubber-stamping exercise. 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.
I offer appointments during business hours and occasionally outside of business hours in exceptional circumstances. I am also prepared to make home visits or visit corporate clients at their place of business. If the notarial appointments take place outside of my office, I will make an additional charge to cover travelling time and expenses. Occasionally I may not be able to see you within the timeframe you require, or I may decide that I am not able to act for you in which case I will advise you that that is the case and will provide you with the necessary information to locate an alternative notary.
The Notary should normally witness your signature. Please do not sign the document in advance of your appointment with me.
It will save time, expense and mistakes if, as long before the appointment as possible, you can let me have the originals or photocopies of:
I will need you to produce by way of formal identification the original of (in preferred order):
and
You must also bring any other means of ID which may be referred to in the papers sent to you as being required such as a foreign Identity Card. I may also ask to see further evidence of identity such as marriage certificates etc and will advise you of this if necessary.
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 as appropriate with Certificates of Birth, Marriage or Divorce Decree or Change of Name Deed showing all the different names that you use. 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 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 will not be attempting to advise you about the transaction itself. It is not my responsibility to give you legal advice concerning the document. My role is to be satisfied that you understand the content of the document and that you intend to be bound by it. You are advised to seek first the advice of your own independent legal or other competent professional adviser who practises in, or is skilled in, the law of the jurisdiction to which the document will be sent.
It is essential 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.
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 on the appointment.
In each case:
Additionally, companies: Certificate of Incorporation and of any Change of Name, a copy of the Memorandum and Articles of Association, Details of Directors and Secretaries. In all instances I will be carrying out various company searches, which may have an effect on the level of fees charged.
Additionally, partnerships, clubs, etc: A Partnership Agreement; or relevant Trust Deed; or Charter; or Constitution/Rules.
Details of my charges are set out below. Please note that if I have to make payments on your behalf such as legalisation fees, translator or interpreter fees (known as "disbursements"), or other costs such as travelling expenses, your approval to these will be obtained and you are normally required to make payment in advance of any such amounts.
Charges: If the matter is simple, I will endeavour to charge a fixed fee to include disbursements such as legalisation fees, postage, consular agent fees, courier fees, travelling expenses, translating costs and so on. I do not charge VAT on my fees. My minimum fee is £150.
For more complicated or time-consuming matters the fee will be based on my hourly rate of £300 subject to a minimum fee of £250, plus disbursements. The fee charged may include time spent on preliminary advice, drafting and preparation time, making and receiving telephone calls, correspondence written and received in all formats, arranging legalisation and record keeping.
Disbursements: Some documents require "legalisation" before they will be accepted for use in the receiving jurisdiction by obtaining an apostille through the UK Foreign Commonwealth & Development Office and, for some countries, additional legalisation is required through the relevant embassy or consulate. Legalisation is the process by which a state agency confirms that my seal and signature are those of an English notary.
Payment can be made by cash/cheque made payable to "Chris Wright" or bank transfer (bank details can be provided on request). I do not take debit or credit card payments. Payment of my fee and disbursements is due when the document has been prepared which I may retain pending payment in full.
Occasionally unforeseen or unusual issues arise during the course of the matter which may result in a revision of my fee estimate. Examples of this could include where additional documents are required to be notarised, additional translations or legalisations are needed to meet the requirements of the receiving jurisdiction, third party fees are adjusted to reflect external factors such as fuel price changes and so on. I will notify you of any changes in the fee estimate as soon as possible.
Each notarial matter is different, and the requirements and timescales will vary greatly according to whether the client is a private individual or a company and in particular according to the processing times of third parties such as the Foreign Commonwealth & Development Office, legalisation agents, translating agencies and couriers, etc. Some of the typical key stages are likely to include:
When I carry out my work for you, I am required to make an entry in a formal register, which is kept by me as a permanent record. I will retain a copy of the notarised documentation with that record. My practice is a registered with the Information Commissioner’s Office. Personal data received from clients is held securely and not capable of being accessed externally. Data collected as part of notarial records is used solely for the purposes of meeting our professional legal responsibilities as Notaries Public. For full details of my PRIVACY POLICY and data processing terms please see my website: https://www.legalclarity.co.uk/notary-birmingham
In the interests of my clients, I maintain professional indemnity insurance at a level of at least £1,000,000 per claim; this is the minimum level of cover specified by my regulator, the Master of Faculties. Therefore, I limit the level of my liability to you to £1,000,000, unless you are injured or die as a result of my negligence, in which case my liability is without limit.
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.
Consumer Cooling Off Cancellation Period –Consumer Contracts Regulations 2013 ("CCR"): Where the CCR apply (typically where you are an individual consumer and my contract with you was concluded either at or following a meeting with you or by a form of distance communication) you have a cancellation period of 14 days after the date you sign my retainer letter or the date on which you continue to give me instructions, whichever is earlier.
You can cancel your contract within the cancellation period by giving me a clear statement and I will reimburse all payments received from you by the same method that you used, at no cost to you, without undue delay, and not later than 14 days after the day on which you inform me of the cancellation.
If you ask us to begin work during the cancellation period, you can still cancel but you must pay me an amount in proportion to the work which I have performed, and this proportion will not be reimbursed to you.
I reserve the right to terminate my engagement by you if I have good reason to do so, for example, if you do not pay a bill or comply with my request for a payment on account or you fail to give me the co-operation which I am reasonably entitled to expect.
My notarial practice is regulated through 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
P O Box 876
Chichester
PO19 9ZH
Email secretary@thenotariessociety.org.uk
If you have any difficulty in making a complaint in writing, please do not hesitate to contact 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 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:
Legal Ombudsman
P O 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, 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.
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.
I use email wherever possible. Where you have provided me with an email address, e.g., by sending an e-mail, I will assume that I may use that address for the sending of unencrypted, sensitive or confidential correspondence or documents to you. I may also, during the course of a matter, send unencrypted, sensitive or confidential information to other persons involved, unless specifically requested by them or you not to do so. All e-mails sent by me and attachments thereto should be scanned for viruses by the recipient.
The terms and conditions of our arrangement and the provision of these Terms of Business shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts in the case of any dispute. If any provision of these terms is held by any court or other competent authority to be void or unenforceable in whole or part, these terms shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.
Your instructions or, as the case may be, your continuing instructions will amount to your acceptance of these terms of business.
I hope that these notes are of help to you in understanding what is expected of each of us.
What is Personal Data?
How do we use your personal data?
The legal basis for our processing of personal data for the purposes described above will typically include:
Cookie statement
What exactly are cookies?
The cookies placed on our website
Cookie consent and opting out
Disclosure of personal data
International transfer of your personal data
Retention of personal data
Security of personal data
Data subject rights