The Notarial Practice of Peter Harris

Terms and Conditions of Business

By signing these terms and conditions, the Client certifies that he has read them and agrees to be bound by them

1. General.

This notarial practice is run from the premises of Hand Morgan and Owen, Solicitors, of which I am a partner, but it is entirely separate and independent from that firm.
The nature of the notary's work is to certify documents and facts mainly but not exclusively for use outside the United Kingdom.
I shall carry out this function on request, provided that the person requesting this service (“the Client”) agrees to, and signs, these terms and conditions.

2. Scope of work

I may refuse to carry out any particular request for my services if it appears to me that the purpose for which the work is required is an improper one, or if it would contravene UK law, or if it not possible for any reason to do what is being requested.
My duty to ensure that the Client's instructions do not contravene any laws is a continuing one, and if having accepted instructions it appears to me in the course of carrying out work that the Client's purpose is not lawful, I may refuse to continue to act.
I am also required to be satisfied that the client has the necessary capacity, understanding and intention to enter into the transaction.
It is the Client's duty to provide me with full and clear instructions. If I am not given proper instructions I shall decline to act.
My overriding duty is to the transaction in hand, and only secondarily to the Client.
Subject to these limitations, I shall be prepared to comply with any reasonable request for  my notarial service.

3. Instructions

It is the duty of the Client to provide me with full and complete instructions. These should be provided in good time before the work is commenced, and should include all relevant background information, any relevant documentation, and any instructions from the foreign jurisdiction (for example, from a foreign lawyer).
The Client must particularly bear in mind the need to give as much notice as possible where legalisation is required.

4. Fees.
 
The basis of the charge for notarial work is the time a particular job takes me to complete. My current charging rate is £180 per hour. There is a minimum charge of £75.
The guidelines for Notaries' charges state that charges should be fair and reasonable having regard to all the circumstances of the case, so, in addition, certain factors may increase the charge. These including value, importance, speed, complexity or special skills.
The charge will include (where relevant) preparation, drafting, correspondence, attendances, travelling.
In addition, it may be necessary to make payments to third parties for services. These are known as “disbursements”. It is not possible to list all of these, since they vary according to the requirements of particular circumstances, but examples are: legalisation fees, translators' fees, agents' fees.
I reserve the right to ask for a payment on account of the charge before I commence work, and I shall normally require that payment for disbursements be made in advance.

5. Estimates

Except in the most routine cases, it is impossible to know in advance what or how much work will be necessary to complete a matter, given the variety of circumstances which may arise. I am however willing to provide guidance as to likely or possible cost for work upon request. This will be based on the information the Client gives me. Such estimates are not binding or fixed, but may vary if a job takes longer, or is more complex, than anticipated.
Variations in the client's instructions, including requests for additional work or unexpected developments may increase costs, as may the actions of third parties, such as failure to cooperate.

6. Payment of fees

Fees are normally due immediately on completion of the work. I shall not release documentation until I receive payment.
If, exceptionally, I agree to raise an invoice, it must be paid within seven calendar days from the date of the invoice.
In the event that payment is not made, either on completion of the work, or the expiry of seven days from the date of any invoice, I reserve the right to decline to carry out further work and/or to exercise a lien on any papers, documents, moneys or securities of the client which are in my possession until payment in full has been made.
Interest shall be payable on any unpaid charges or invoice unpaid for more than 7 days at 5% above the base rate of Lloyds Bank plc in force from time to time.
If further work is requested, then I may ask for payment of any outstanding charges immediately before carrying out such further work.

7. Payment by Third Parties

The Client is liable for all fees incurred under these terms and conditions. Where it is agreed that an invoice shall be submitted for payment to a third party, the Client shall remain liable for those fees, and if after the expiry of seven days from the submission of the invoice to the third party, it remains unpaid, the Client shall immediately discharge it.

8. Legalisation

The process of notarising a document or act may require a process additional to the certification by the Notary. This may involve the confirmation by the Foreign and Commonwealth Office of the Notary's signature, and in some cases the further confirmation by the Embassy or Consulate of the country to which it is intended that the document shall go. This process is known as legalisation. Where it is required, the process can take some time, and involves costs extra to those which the Notary charges for certifying the document itself.
The foreign lawyer who draws up your document may well give you instructions for the legalisation needed. If not you should ask him to give you his requirements.
If you wish me to arrange for legalisation, you should let me know.

9. Termination of retainer

The Client may terminate instructions at any time in writing.
I shall terminate the retainer if the Client fails to provide proper instructions, or if it appears to me that the client has become insolvent, or if it appears to me that the instructions have or may become unlawful in any respect. 
In the event of termination by either party, payment will become due immediately for all work done to that time. In addition, I may exercise a lien as set out in paragraph 6 above.

10. Confidentiality

I am required to comply with the Data Protection Act 1998, and I also have a professional duty of confidentiality. However, I am also obliged to release information to certain third parties by law. For example:

For regulatory purposes

For insurance purposes

To comply with money-laundering rules

To third party service providers (eg translators)

Under the requirements of the transaction itself (eg to foreign embassies or consulates, or to the UK Foreign and Commonwealth Office)

To persons who might reasonably require such information, for example, where a document is in Public Form and a copy is required by a foreign authority.

This list is not exhaustive, and there may be other occasions on which I may be obliged to release information without being able to consult you. By signing these terms and conditions you consent to my releasing information concerning you to third parties for proper purposes and without consulting you.

11. Quality of Service

It is my aim to provide Clients with a high quality service. If you have any cause for dissatisfaction you should contact me as soon as possible.

12. Money laundering compliance

I am obliged to comply with UK and EU money-laundering requirements, and it may be necessary for me to release information to the UK authorities to comply with these rules.

13. Identity

It is an essential part of the notarial process that I should obtain full information as to your identity on each occasion you instruct me. I must have such evidence before I commence work, and I may require more evidence if at any stage of the transaction it appears to me that any doubt has arisen as to who you are.

I shall need one or more of the following items:

As to your identity:

passport

driving licence (photocard)

armed forces identity card (with photograph)

firearms licence (with photograph)
other officially-issued ID with photograph

As to address

bank statement (not printed from the internet)

Inland Revenue assessment or other tax form

utility bill (not for a mobile phone)

letter of confirmation of residence from a person of good standing (eg solicitor or other lawyer, doctor, banker or accountant)

If there is any doubt as to what would be satisfactory identification evidence, I shall be happy to give guidance upon request.

14. Companies

Additional matters arise when dealing with companies, which do not normally apply when acting for individuals. It is the client's duty to inform me if he is acting in a representative capacity because this may affect the terms on which I deal with the matter.

I confirm that I have read and understand and agree to the above terms and conditions

Dated the                                            day of                                          200
______________________________________
(Signed)

Print name_____________________________