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Terms of Business

1. TRADING NAME: Samuel Notaries is the trading name of Scott Adrian Samuel, Notary Public. Any references to “we”, ”us”, ”our” and similar should be construed accordingly.

2. RESPONSIBILITY: A Notary’s first duty is to the transaction as a whole. Notarial acts are relied upon by clients, third parties and foreign governments and officials worldwide. Unless otherwise agreed, a Notary’s responsibility is limited to the notarial formalities and does not extend to advice on, or drafting of, documentation or providing substantive legal input on the matter under consideration. we do not give foreign law advice.

3. FEES: Unless a fixed fee is agreed, our hourly rate is £300 and our minimum fee is £100. We reserve the right to vary these rates in respect of extremely urgent work or work done requested to be done outside ordinary office hours or at the weekend. We also charge for travelling time plus the cost of our travel.

4. DISBURSEMENTS: You are responsible for all payments which we make on your behalf. Typical examples are legalisation fees paid to the Foreign and Commonwealth Office and/or an Embassy, legalisation agents’ fees, Companies House fees, translators’ fees, courier fees and special delivery postage charges and travel.

5. PAYMENT: Our charges are normally payable on presentation of our invoice (usually at the meeting) in cash or by immediate BACS transfer 1. Notarised documents will normally not be released until all fees and disbursements have been paid in full.

6. DOCUMENTATION TO BE PREPARED: To finalise a matter more than one appointment may be required, particularly if it is necessary for us to prepare all or some of the documentation.

7. PROOF OF IDENTITY: A primary function of a Notary is to identify the client. We are subject to strict regulatory obligations regarding identification of clients and we may not be able to act for you, or may have to cease acting, if we cannot meet any of those obligations.

  • Identification of individuals and proof of residential address is required. This is usually by way of presentation of original documents, including: a current passport, photo card driving licence or national identity card and a recent gas, electricity or other bill or bank statement. Exceptionally, other proof may be acceptable.
  • If you act on behalf of a business, we will need to establish that your company or organisation exists and that the signatory has authority to represent it. we generally conduct our own checks for companies or organisations based in the United Kingdom. In some cases, We may ask you to produce constitutional documents (eg. memorandum and articles of association), a power of attorney, board resolutions, authorised signatory book and/or extract from a commercial register or other similar evidence.

8. WRITTEN TRANSLATION: Where we do not have knowledge of the language in which a document is written, an official translation of it may be required.

9. LIABILITY: We carry professional indemnity liability cover of £1,000,000 which is the minimum level of cover specified by the Master of the Faculties. Wetherefore limit the level of our liability to you to £1,000,000 unless you are injured or die as a result of our negligence, in which case our liability is without limit.

10. COMPLAINTS: In the unlikely event that you should wish to complaint about our services, then you should follow the complaints procedure set out below. Our notarial practice is regulated by The Faculty Office of the Archbishop of Canterbury: The Faculty Office, 1, The Sanctuary, Westminster, London SW1 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 us. If we are unable to resolve the matter then you may complain to The Notaries Society of which we are 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, PO Box 7655 Milton Keynes MK11 9NR, Email: secretary@thenotariessociety.org.uk, Tel: 01604 758908

If you have any difficulty making a complaint in writing, please do not hesitate to call 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 eight weeks from the date you first notified us that you were dissatisfied, make your complaint to the Legal Ombudsman 2, if you are not happy with the result:

Legal Ombudsman, P.O. Box 6806, Wolverhampton, WV1 9WJ, 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 (i) within six months from the conclusion of the complaint process; or (ii) (a) within six years from the date of the act/omission; or (b) within three years from when you should reasonably have known there was a cause for complaint (only if the act or omission took place more than six years ago).

11. RECORDS: At the end of the matter, a formal entry of the main details of your transaction will be entered into our Notarial Register and frequently copies of the notarised document will also be kept. When we are requested to certify certain documents such as public deeds, these details will also be kept in our notarial protocols.

12. EMAIL COMMUNICATIONS: In performing our services we may wish to send messages and documents to you by electronic mail (email). Like other means of communication, email is not entirely risk-free and carries with it the possibility (among other things) of corruption, inadvertent misdirection, non-delivery of confidential material, inadvertent deletion or unauthorised access.

Nevertheless, the use of email can sometimes deliver worthwhile benefits in terms of speed, accuracy and efficiency of communications, and we recommend that where applicable it should be used in relation to the provision of our services in your matter. Accordingly, unless you notify us to the contrary in writing, we shall regard your acceptance of our terms of engagement as including your agreement to the use of email.

13. DATA PROTECTION: We will comply with any data protection legislation and our Data Privacy Notice is set out on our website: samuelnotaries.com and forms part of our terms of business.

14. ANTI-MONEY LAUNDERING: Notaries are obliged under the Anti-Money Laundering Legislation to take measures to protect against fraud and forgery. To ensure that we comply with this, you acknowledge and agree that we may make all such enquiries as we deem necessary or appropriate in order to comply with our duty, and you must provide us with such documents and information as we may request. Your failure to do so will entitle us to terminate our engagement and cease acting for you immediately.

15. CONSUMER CONTRACTS: Pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you are a consumer and we have accepted instructions from you given by telephone or by electronic means or at a meeting away from our office, such as your home or place of work, you have the right to cancel your instructions in writing within 14 days from the day on which those instructions were accepted. We will not consider that a contract has been established during the 14-day cancellation period unless you specifically request us to commence work within this period by means of a written form of authorisation. If you request that we begin the performance of services during the cancellation period and then subsequently exercise your right to cancel, you shall pay us a proportionate amount of fees in respect of the period until you communicate to us your decision to cancel. Subject to that, if you exercise your right to cancel and we have received any payment from you in excess of the amounts due to us, we will reimburse that payment to you no later than 14 days after the date on which we were informed about your decision to cancel this contract, by the same means used for the initial payment. You may use the model cancellation form attached in Schedule 1 to notify us of your decision to cancel but this is not obligatory.

16. CONSUMER RIGHTS: This provision only applies to consumer clients. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says:

  • you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can not fix it.
  • if you have not agreed a price beforehand, what you're asked to pay must be reasonable.
  • if you have not agreed a time beforehand, it must be carried out within a reasonable time.

In addition:

  • if we fail to comply with this contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or us failing to use reasonable care and skill, but WE am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or, if, at the time the contract was made, both us and you knew it might happen, for example, if you discussed it with us prior to instructing us;
  • we do not exclude or limit in anyway liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors: for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to our services including the right to receive services which are of a satisfactory quality and supplied with reasonable skill and care; and
  • if you use our services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of opportunity.

17. EQUALITY AND DIVERSITY: We are committed to promoting equality and diversity in all of our dealings with clients and third parties.

18. THE RELEVANT LAW: The law which governs our contract with you is English Law and it is agreed that any dispute relating to our services shall be resolved by the English courts.

 

1 We will accept payments made using corporate debit, charge or credit cards subject to an additional fee of 1.75%

2 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.

Looking for notarial services in London?

Meet us at:

60 Cannon Street
London
EC4N 6NP

or

Berkeley Square House
Berkeley Square
London
W1J 6BD

(By appointment only)