Gaglione Notaries Terms of Business
Visiting a Notary Public
Notes for Clients & Terms and Conditions
1. Not 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.
2. Signature
The Notary should normally witness your signature. Please do not sign the document in advance of your appointment.
3. Papers to Be Sent in Advance
It can save time, expense, and mistakes if, as long before the appointment as possible, you can let me have the originals or photocopies of:
- The documents to be notarised;
- Any letter or other form of instruction you have received about what has to be done with the documents;
- Your evidence of identification.
4. Identification
I will need you to produce by way of formal identification the original of (in preferred order):
- Your current passport (or, if not available);
- A current photo driving licence — and in either case together with 2 utility bills or bank statements not more than three months old, reflecting your name and current address.
If neither of the above photo identifications are available, at least three of the following:
- Corporate ID or other formal means of identification;
- A utility bill showing your current address;
- Any other means of ID which may be referred to in the papers sent to you as being required.
5. Proof of Names
Where the name on the document differs from the name you are currently using, or there has been a variation in spelling over the years, please provide Certificates of Birth, Marriage, or a Divorce Decree. If there has been a change of name, I will need to see a copy of the Deed Poll or Statutory Declaration which dealt with it.
6. Companies, Partnerships, Etc.
If a document is to be signed by you on behalf of a company, partnership, charity, club or other incorporated body, there are further requirements. Please telephone with any point of difficulty before attending your appointment.
In each case you will need: evidence of identity of the authorised signatory (as above), and a Letter of Authority, Minute, Resolution or Power of Attorney authorising you to sign the document. Additionally:
- For companies: Certificate of Incorporation and of any Change of Name, a copy of the Memorandum and Articles of Association, and details of Directors and Secretaries (as applicable).
- For partnerships, clubs, etc.: the Partnership Agreement; or relevant Trust Deed; or Charter; or Constitution/Rules.
I will always verify such details with the appropriate public registers, for which there will be a small additional charge.
7. Advice on the Document
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 shall not be attempting to advise you about the transaction itself.
8. Written Translations
It is important that you understand what you are signing. If a document is in a foreign language which you do not understand sufficiently, I may have to insist that a translation be obtained. If I arrange for a translation, a further fee will be payable.
If you arrange for a professional translation, the translator should add their name, address, relevant qualification, and a certificate stating: “Document X is a true and complete translation of document Y, to which this translation is attached.”
9. Oral Interpreter
If you and I cannot understand each other because of a language difficulty, we may have to arrange for a competent interpreter to be available at our interview, which may involve a further fee.
10. Notarial Charges and Expenses
My Charges
My current hourly rate is £250. The minimum charged for dealing with a single document is normally £80.
As a Notary I am registered for VAT (charged at the current rate of 20%).
Charges are normally payable upon signature of the document requiring notarisation, and I reserve the right to retain any completed document until payment has been received.
Once I have seen any documents and the instructions sent to you, I may be able to give you a firm indication or an estimate of the likely charges.
Payments to Third Parties
I may have to pay legalisation fees, translator or interpreter fees, travelling expenses, or other payments. Your approval to these expenses will be sought before they are incurred.
Basis of Charging
For a simple matter of witnessing a document, a fixed fee will be charged. If I am required to draft or complete a document, or obtain legalisation, the charge will be based on time spent — including telephone calls, letters or emails sent and received, time spent in interview, drafting, or amending the document.
Special factors that may increase the charge include: complexity or novelty; the number and importance of the documents; work carried out away from this office; or special urgency requiring prioritisation of your work over other matters.
11. Notarial Records
When I carry out work for you, I am required to make an entry in a formal register which I keep. I will retain a copy of the notarised documentation with that record. In the case of “Public” documents I will keep a full copy or counterpart original bearing your signature and identification documents.
12. Data Protection
I am a registered data processor under the Data Protection Act. Personal data received from clients is held securely and not capable of being accessed externally. Data collected as part of my record is used solely for the purposes of meeting my legal responsibilities as a law practitioner exercising a public function. For further details please refer to: www.gaglione.net.
13. Consumer Survey
It is important that as a profession we receive feedback from the public as to the service we provide. I would invite you to complete the consumer survey on our regulator’s website: www.facultyoffice.org.uk/notary/notary-news.
14. Complaints Procedure
My notarial practice is regulated by the Faculty Office of the Archbishop of Canterbury:
The Faculty Office, 1 The Sanctuary, Westminster, London, SW1P 3JT
Tel: 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 me in the first instance. If we are unable to resolve the matter, you may then complain to the Notaries Society, of which I am a member. Their Complaints Procedure is approved by the Faculty Office, is free to use, and is designed to provide a quick resolution to any dispute.
Notaries Society
Please write (do not enclose 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 making a complaint in writing, please call the Notaries Society or the Faculty Office for assistance.
Legal Ombudsman
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 of dissatisfaction — make your complaint to the Legal Ombudsman if you are not happy with the result.
You must refer your matter to the Legal Ombudsman within six months of receiving a final response to your complaint, and within six years from the date of the act/omission; or three years from when you should reasonably have known there was cause for complaint (if the act or omission took place more than six years ago).
- Website: www.legalombudsman.org.uk
- Email: enquiries@legalombudsman.org.uk
- Telephone: 0300 555 0333
- Post: Legal Ombudsman, PO Box 6167, Slough, SL1 0EH
Note: certain kinds of commercial entities are not eligible to make complaints to the Legal Ombudsman. Please refer to the LO Scheme Rules or consult the Faculty Office.