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.
Papers to be sent to me in advance
Typical Stages of a notarial transaction
Notarial Records and Data Protection
Notaries in England and Wales must adhere to The Notarial Practice Rules 2019 which states that we must provide our notarial clients with information on pricing, services, complaints and regulation. You can find out more about each of these matters below.
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:
If neither of the above are available, at least two of the following
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 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, 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.
➢ Legal/Notarial related fees
In regards to notarisation of documents and attendance fees for the purposes of legalisation and attestation of documents, we normally offer a fixed fee service.
As a guideline we charge the following fees for the following typical documents that notarisation is normally requested on, when those are to be signed in our offices:
If instead of coming in to our office you require our offsite notarial services, we can provide you with a quote once you inform us of your specific postal address, and our offsite fees start from £400+VAT.
For more complicated or time-consuming matters our fee will be based on the hourly rate of £300 [+ VAT@20%].
As you can note, our fees include VAT, consisting on our fees being subject to 20% VAT. Our VAT registration number is 227 9152 96.
To be able to confirm the fixed fee before your appointment with us, we will ask you to send your documents beforehand.
The time charged takes into consideration the following: your initial instruction/reading emails with instructions, our guidance in regards to the instruction, drafting of documents (when applicable), attending meetings/phone/video calls, entering information/completing the Notarial Register and Protocol.
Occasionally, unforeseen circumstances may arise during the course of the services request which may result in a revision of our fee estimate given to you initially. Examples of this could include where a matter becomes pressing/urgent/complex that for instance requires involving us as legal professionals in a particular area of expertise, where extra documents are required to be notarised, additional translations or legalisations in order to meet the requirements of the receiving jurisdiction or third party fees that need adjusted to reflect external factors. In anticipation of those circumstances, we reserve the right to vary our fees, although we would obtain your approval before we take-on any additional work.
The disbursements that you can incur whilst needing our services will be as follows, besides the fixed fee quote for the notarisation:
Legalisation/Apostille of The Hague related fees:
-Standard or express service (paper-based)
*Fee payable to the FCDO: £40
*Attendance fee in regards to the standard service: £55 [+ VAT@20%]
*Attendance fee in regards to the express service: £125 [+ VAT@20%]
-E-Apostille payable to the FCDO:
*Fee payable to the FCDO: £35
*Attendance fee in regards to this service: £125 [+ VAT@20%]
Attestation fees payable to the relevant Embassy/ Consulate for the attestation of documents:
*Their fee: As every Embassy/Consulate varies in regards to their own fees for the specific document that you may need legalised by them, we will need to consult their specific website at the moment of need to confirm the fee for this. *Attendance fee in regards to this service: £125 [+ VAT@20%].
Translators´ fees:
These fees depend on the type of document and length, and whether you need standard translators or sworn translators (i.e. Spanish sworn translator).
Couriers´ fees:
We can arrange DHL for your document/s to be sent abroad, for which we charge £78.
Postage fees:
We can arrange for your document/s to be sent within the UK by Royal Mail, for which we charge £6 if you need us to arrange recorded delivery or £12 if you need the special delivery.
In any case, you prior consent would be obtained before incurring any of the above charges.
We accept payments by card, bank transfer or cash only up to £1,000 per client.
Payment of fees and disbursements is due when the document has been prepared which may be retained pending payment in full.
Occasionally unforeseen or unusual issues arise during the course of the matter which may result in a revision of the 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. We will notify you of any changes in the fee estimate as soon as possible.
notdocsoffice Limited is registered in England and Wales under Company registration number 9705915. VAT number 227 9152 96.
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: www.castelonotaries.com
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.
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 [email protected]
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 1023
Ipswich IP1 9XB
Email [email protected]
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 6806
Wolverhampton WV1 9WJ
Tel : 0300 555 0333
Email : [email protected]
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.
I hope that these notes are of help to you in understanding what is expected of each of us.
Clients wanting to know more about the Legalisation section of the FCDO and about the notarial profession can click on the below links:
The Faculty Office of the Archbishop of Canterbury
www.facultyoffice.org.uk
The Notaries Society of England and Wales
www.thenotariessociety.org.uk
FCDO – Apostille of The Hague
https://www.gov.uk/get-document-legalised
Details of the legalisation departments of the various embassies in London
https://www.gov.uk/government/publications/foreign-embassies-in-the-uk
It is relevant to note that some embassies insist that documents are prepared and presented for legalisation in particular forms. Some will accept bundled documents (such as copies) and others will require certification of each one. It is important to review changes on the various websites with some frequency