Terms and Conditions of Business

SIMON ANDREW ROBINSON - NOTARY PUBLIC

This document sets out the terms upon which I will act on your behalf as a Notary Public. You will be taken to have accepted these terms and conditions without amendment by your continued instructions to me. Should you have any questions please do not hesitate to ask me.

Please note that I can only accept instructions that comply with the Notarial Practice Rules and my notarial oath. I will decline to accept or cease to act in cases where I believe that there is fraud, illegality or undue influence involved.

My first duty is to the transaction as a whole as notarial acts are relied upon by my clients, third parties, foreign governments and officials worldwide. My responsibility is limited to the notarial formalities and does not extend to advice on or the drafting of documentation or in relation to substantive legal input on the matter under consideration unless agreed otherwise. I do not give advice on foreign law.

In cases where I do not have knowledge of the language in which the document is written, official translations may be required before and/or after execution of the document.

 

Contact details

All of my contact details are set out at the foot of this document. I am also a partner in Swinburne Maddison LLP and practice from those offices as a Solicitor and as a Notary Public at the address detailed below. These terms and conditions of business only relate to my practise as a Notary Public.

 

Hours of business

My normal hours of business are Monday to Friday 09:00 to 17:00.

 

Fees

My minimum fee for most routine work is £90.00 plus VAT but this may increase depending on the number of persons and documents involved. Some cases will be charged on a time spent basis with my current charge out rate being £250.00 per hour (exclusive of VAT). I should be able to provide an estimate of costs to you on being provided with information as to the nature of the work you ask me to undertake on your behalf.

You will also be charged for any fees that I need to incur for you. For example, search fees, translator/translation fees, Foreign & Commonwealth fees. I will confirm what expenses need to be incurred and will obtain your approval to incur those expenses prior to so doing.

I may need to ask for money to be paid on account if the expenses to be incurred are significant.

My fees are payable at the time the documentation is signed.

 

Other requirements

As well as the work I do for you, it may be necessary to submit the document which has been notarised by me to the Foreign & Commonwealth Office for an Apostille to be affixed. There may also be additional verification needed from the embassy of the country to which the document is to be sent. I will advise you what form of Legalisation is required, what that will entail where appropriate and what fees will need to be paid (which may include the fees of any agent I may instruct to arrange for legalisation on my behalf). These fees are payable in advance.

 

Money laundering compliance

When you come to see me please ensure that you bring a current passport and driving licence to confirm your identity and evidence of your place of residence (eg a utility bill or bank statement not more than 3 months old). Copies will be taken and the originals returned to you immediately. If you need to sign the document you are bringing to me in the capacity of a company director for instance, I will need to establish and be satisfied as to the identity of the company and you personally and your authority to so act on behalf of the company. If I need to carry out a company search in this regard the search fee will be an expense I will agree with you before taking that step. In some cases, I may ask you to produce a certification of incorporation, good standing certificate or other similar evidence.

Notaries are obliged under the Money Laundering Legislation to take measures to protect against fraud and forgery.

I am under an obligation to report to the appropriate authorities any suspicions of criminal activity including money laundering. To ensure that I comply with this you acknowledge and agree that I may make such enquiries as I deem necessary or appropriate in order to comply with my duty and you will provide me with such documents and information as I may request. Your failure to do so will entitle me to terminate my engagement with you forthwith.

 

Storage of papers and documents

I keep a register of the names and addresses and other pertinent information of my clients and the matter I have dealt with for them including a copy of the document I have notarised. In the case of a notarial act in the Public form the record will be kept permanently. In respect of other notarial acts records will be kept for twelve years.

When I no longer practise as a Notary Public, my records will pass to another Notary Public or the Notaries Society.

I should also point out that the Faculty Office of the Archbishop of Canterbury, my regulator, has the right to inspect my records to ensure proper good practice and conduct.

 

Disclaimer and limitation of liability

I do not accept liability arising from any instructions or information given by a client or by any third party being incomplete, inaccurate or incorrect or where such liability is for any indirect, economic or consequential loss or damage however caused arising out of the services provided by me. No liability for loss (including but not limited to damages, costs and interest) to clients or other parties whether in contract, tort (including negligence) or otherwise will be accepted by me in excess of the amount of my professional indemnity insurance cover from time to time which at present is for not less than £2,000,000.

 

Regulation

  1. My notarial practice is regulated by the Faculty Office of the Archbishop of Canterbury

The Faculty Office
1, The Sanctuary
Westminster
London
SW1P 3JT

Email: Faculty.office@1thesanctuary.com
Website: www.facultyoffice.org.uk

  1. If you are dissatisfied about the service you have received, please do not hesitate to contact me.
  2. 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.
  3. 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

Email: secretary@thenotariessociety.org.uk
Tel: 01604 758908

If you have any difficulty in making a complaint in writing please do not hesitate to call the Notaries Society/the Faculty Office for assistance.

  1. 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 six months 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
Baskerville House,
Centenary Square,
Broad Street,
Birmingham, 
B1 2ND

Tel: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Website: www.legalombudsman.org.uk

(please note that 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).

  1. If you decide to make a complaint to the Legal Ombudsman you must refer your matter to the Legal Ombudsman:
  • within six months of receiving a final response to your complaint; and
  • six years from the date of act/omission; or
  • three years from when you should reasonably have known there was cause for complaint (but only if the act or omission took place more than six years ago).

 

Jurisdiction

English law shall be the applicable law in relation to any dispute in relation to these terms and conditions and the English courts shall have sole jurisdiction.

Contact details

Mr Simon Andrew Robinson
Notary Public
Venture House
Aykley Heads Business Centre
Durham
DH1 5TS

Email: notary@swinburnemaddison.co.uk
Tel: 0191 3842441
Fax: 0191 3860171

 

Last updated: 22 October 2019