These Terms of Engagement stipulate the basis on which my Notary Public services will be provided to my clients. No other Terms of Engagement will apply.
2. Legal Instructions
Legal instructions from clients will be either accepted or declined, prior to the written signature of these Terms of Engagement. Prior to instructions being undertaken the Know Your Client Rules must be complied with. Original Passports and Utility Bills and Bank Statements and Board of Director Resolutions might be required.
You will provide me with a full description of the Notary Public services you require and a statement of objectives. It would be helpful if a copy of the documentation requiring Notarial Certification could be forwarded to me by e-mail in advance of your appointment.
My Notary Certification fees are reviewed on 31st October of each year. My fees are reasonable (having regard to all of the circumstances of the case) and my fees may in addition be increased to reflect value, complexity, speed and special skills. I reserve the right to quote for fixed fee matters, if required by the client. My Notary Public fees are based on the time I spend dealing with your instructions.
I reserve the right to request money to be paid on account of Notary Public fees for work to be undertaken, where disbursements are to be incurred in advance on your behalf.
Where possible, for more complex Notary Public matters I will, prior to accepting payment and written instructions, give you a written estimate of the fees and disbursements. The estimate is provided to you as a guide to assist you with budgeting and should not be regarded as a fixed price quotation.
I accept all types of credit and debit cards as forms of payment of my legal services.
7. Continuing obligations
Unless otherwise agreed, I shall not be under any continuing obligation to advise you of changes in the law, which may affect a matter previously discharged. All communications generated between us shall remain confidential and shall not be disclosed to any third party without my consent. As part of my commitment to the provision of an efficient and high standard of Notary Public service to you, suitably qualified external assessors periodically will review my systems, records, files and documentation to ensure compliance. Files are not made available to assessors if the subject matter is of a sensitive nature or where you specifically request that the files should not be made available.
8. Data Protection Act 1998
As a data controller, I am bound by the requirements of the Data Protection Act 1998. You agree that I may obtain, use, process and disclose personal data to enable me to discharge the Notary Public services agreed under these Terms of Engagement and for other related purposes including updating and enhancing client records, analysis for management purposes, statutory returns, crime prevention and legal and regulatory compliance.
9. Regulation and compliance
My Notary Public practice is regulated by the Court of Faculties of the Archbishop of Canterbury, 1 The Sanctuary, Westminster, London SW1P 3JL, England. Telephone: +44 (0) 20 -7222 - 5381. The Legal Ombudsman also regulates me. The address of the Legal Ombudsman is Baskerville House, Centenary Square, Broad Street, Birmingham B1 2ND, England. Telephone: +44 (0) 300 555 0333. We are a member of the Notaries Society of England and Wales, PO Box, 1023, Ipswich, Suffolk IP1 9XB, England.
I aim to provide all clients with an efficient and high standard of service as defined by the Code of Conduct. However, in the unlikely event that you should wish to complain, then you should follow the complaints procedure set out below.
If you are dissatisfied about the service you have received, please do not hesitate to contact me. If I am unable to resolve the matter then you may complain to the Notaries Society of which I am a member, who have a Complaints Procedure which is approved by the Faculty Office. The 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, Old Church Chambers, 23 Sandhill Road, St. James, Northampton NN5 5LH, England. Email: email@example.com, Telephone: +44(0) 1604 758908.
If you have difficulty making a complaint in writing, please do not hesitate to ring either The Notaries Society or The Faculty Office of the Archbishop of Canterbury for assistance.
Finally, even if you have your complaint considered under the Notaries Society Approved Complaints Procedure, you may at the end of the 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. 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 of the Archbishop of Canterbury.
The address of the Legal Ombudsman is PO Box 6806, Wolverhampton, WV1 9WJ, England. Telephone: +44(0)300 555 0333. Email: firstname.lastname@example.org
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.
11. Money Laundering Regulations 2007
In order to enable me to satisfy my obligations under these Regulations and related legislation, it will almost always be necessary for you to supply appropriate proof of identity before I am able to act or continue to act for you or for any principal whom you represent. I will also not be able to receive any funds for, or pay any funds to, you or on your behalf unless all necessary identification and other procedures have been satisfied for the purposes of the Regulations.
In compliance with the Regulations and for insurance purposes, I do not normally accept cash payments in excess of the amount of £500.00.
I may use electronic identification service providers to confirm your identity and that of any beneficial owners. You will be charged for this service, at cost. For individuals and unincorporated partnerships, proof of identity will usually be a current passport, driving license, recognised photo identity card or equivalent, showing your name, date of birth and photograph, together with a current Utility Bill, Bank Statement or equivalent, confirming your address. For companies and limited liability partnerships, I will usually require a copy of the Certificate of Incorporation and a copy of the audited statutory accounts together with personal identification as above in respect of some or all of the body's officers. In the case of a company incorporated overseas, there should also be a certificate from a Notary Public, qualified in the relevant jurisdiction, to the effect that the company is properly incorporated, together with evidence of the company's directors and of the authority and identity of the persons instructing me. For other clients, such as trusts, estates, charities and unincorporated associations, I will advise you of the documents needed for proof of identity. I will need to check whether you may be a politically exposed person as defined in the Regulations or a family member or close associate of such a person. For all clients other than individuals, I will also need to establish the identity of the beneficial owner(s) of the client. This is likely to mean that I have to ask for additional documentation such as documents that evidence ownership and control of the client. I will discuss this with you. I understand that the operation of these Regulations may be a cause for concern, but I ask for your cooperation in assisting me to comply with my legal obligations.
12. Proceeds of Crime Act 2002 and the Terrorism Act 2000
I am prohibited by this legislation from acting for or advising a client in relation to terrorist financing or the acquisition, retention, use or control of the proceeds of any crime or any attempt to conceal, disguise, convert or transfer any criminal property or to remove it from the jurisdiction, or from being involved in arrangements relating to such activities. The proceeds of crime and criminal property are widely defined for these purposes to include any activity (including tax evasion) carried on anywhere, which would be illegal if carried on in the United Kingdom of Great Britain and Northern Ireland. I have a legal obligation to report to the Serious Organised Crime Agency any person, including a client, suspected of activity covered by this legislation. As a result, I reserve the right to make all disclosures to relevant authorities as required by law, without notice to you and if appropriate to cease acting for you without giving any specific reason. These obligations override my duty of confidentiality to you. I will not accept any liability for any loss or damage that you or a third party may suffer or incur on any account, for any action taken, or not taken, by me in good faith with a view to complying with this or any related legislation. I may also require confirmation from you of the source of funds, in particular any funds remitted from overseas and whether all necessary tax has been paid and all necessary returns made in relation to any overseas funds. I reserve the right to require further information and supporting documentation, as appropriate.
13. Copies of Documents
I am obliged to keep copies of most certain types of documents that I deal with. Where copies are kept, they will be retained as scanned copies on my computer system. Charges will be made for the production copy costs.
14. Limitation of Liability
This provision shall apply to any claim against me by you and if any duties are held to be owed to them, any individuals or bodies who are related or associated to you, any officers, employees or consultants of any of these entities. My liability for any claims, demands and costs in respect of any act, omission or negligence relating to the matter to which these terms relate will be limited to such amount, including the costs of the claimant, not being more than the sum of £1,000,000.00. I carry Professional Indemnity Insurance with a required limit of liability of £1,000,000.00. I also carry Fidelity Insurance. All claims arising from the same act or omission or from a series of related acts or omissions shall be regarded as one claim, whoever they are made by. I will not be personally liable at all for any act, omission or negligence in the course of the conduct of the matter. No liability will in any event apply in respect of any incidental, indirect, special or consequential damages, including but not limited to, loss of revenue. These exclusions shall not apply to any claim in respect of the death of or injury to any person. Subject to that, please note that by entering into an agreement upon these Terms of Engagement, you are agreeing to limit your potential ability to claim in accordance with the above. The application of any legislation conferring on third parties contractual or other provisions including the Contract (Rights of Third Parties Act 1999) shall be excluded insofar as permitted by law.
15. Force Majeure
I shall not be liable for any loss or damage arising from the direct or indirect cause of the supply of services being prevented, hindered, delayed or rendered uneconomical due to circumstances beyond my control, including but not limited to Acts of God, acts of civil or military authority, strike, lock out, trade dispute or labour disturbance, accident, breakdown of machinery, flood, storm or difficulty or increased expense in obtaining information or services of any description. Where I use couriers or the Royal Mail to post your documents, I am not responsible for their loss, or other direct or indirect losses that you may incur, as a result of them going missing or being delayed whilst in transit.
16. Law and Jurisdiction
The laws of England and Wales shall govern the validity, performance and construction of these Terms of Engagement.
17. Foreign Law
I do not advise on foreign law and can only act in an evidential, authentication capacity. Due to insurance policy exclusions, our insurers do not permit us to advise individuals or companies based in either the United States of America or Canada.
Any notice to be given to me shall be sent to my current office address and any notice to be given by me, may be given to you at your last address known to me.
19. Acceptance of these Terms of Engagement
These Terms of Engagement are issued in duplicate, please sign both copies and return one signed copy to me for my signature to my office situated at Holland House, 1 - 4 Bury Street, London EC3A 5AW, England. Once the signed Terms of Engagement and receipt of payment has been received, an appointment time will be allocated to you.
Signed for and on the behalf of the client:
Name of client signatory: ________________________
Company name (if applicable): ________________________________
Date of signature: ______day of _______, 20____.
Signed by Mr OT Lowry, Notary Public:
Date of signature: ______day of ______, 20_____.