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Notarial
Fees
Please enquire for full details of my charges. As indicated in my
Terms of Business these charges may be subject to variation.
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| 2. |
Notarial Responsibilities
Notarial acts require a high standard of care, as reliance on
such acts is made by clients, third parties and foreign governments
and officials. The Notary has a responsibility to protect against
error, omission, alterations, fraud, and forgery.
Notarial acts are not rubber stamping exercises and the requirements
of accuracy and validity cannot be overridden by urgency or expense.
Unless otherwise agreed in writing Notarial responsibility is limited
to the Notarial formalities and does not extend to advice on or
drafting of documentation or on the matter under consideration.
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Proof
and Identification
In order to meet the high standard of Notarial acts, the Notary
is required to obtain proof (to his discretion and satisfaction),
of identity, any represented legal capacity and authority, clients
understanding of documentation, interpretation/or translation into
or from other languages, effectiveness of documentation, validity,
signature and witnessing, observance of required formalities both
in England and abroad, and the requirements of the Foreign and Commonwealth
Office and/or any relevant consular or similar authorities.
In the case of individuals, proof may be required, with production
of appropriate certificates where applicable, of birth, baptism,
marriage, divorce, deed poll on change of name, or statutory declaration.
Identification of individuals will be required.
Individuals should produce a current passport and at least one other
proof of similar validity and reliability, which may include identification
by third parties known both to the individual and to the Notary.
Invariably such proof will include a photograph, a signature and
your name and be issued by a Government department or agency.
In the case of companies, details of the proof and information required,
depending on the circumstances and service required, should be discussed
in advance with the Notary. Notarial attendance at a company board
meeting may be required in some cases, which may be arranged at
my offices if required.
Company searches may be required in support or proof of certain
corporate acts. It is required that these are obtained direct from
Companies House by the Notary, at the cost of the client. Time should
be allowed to obtain these in advance of any personal attendance.
In cases of urgency they can be obtained quickly through our on-line
services.
British Foreign and Commonwealth Office endorsement (and/or the
endorsements of the relevant High Commission/Embassy/Consulate of
the country in which it is proposed to use the document the subject
of a Notarial Act) is required in some cases for use abroad, as
an additional authentication to notarised documents. This is usually
obtained by the Notary at the expense of the client and is usually
applied for by post. In urgent cases clients may have to attend
in person or incur despatch/courier charges.
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| 4. |
Documentation
Preparation of documentation for Notarial action is formal and prior
preparation of documents or draft documents may be required.
Early discussion of outline requirements with the Notary is advised.
Time, expense, and error, may be saved if clients, or their advisors,
provide, in advance of any personal consultation, the originals
or exact and complete photocopies of:-
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all
documents to be notarised |
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covering
correspondence or forms of instructions from the country to which
the documentation is to be provided that relate to that act |
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identification
evidence (as referred to above) |
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Copies
of documents produced ancillary to or in support of Notarial acts
may be required for retention, as will copies or original duplicates
of Notarial acts, to form part of the required Notarial register/record.
Documents to be notarised should not be bound, as the Notary may
have to re-bind them with a covering Notarial Certificate.
Translations may be required of documents before and/or after or
as part of a Notarial act. The Notary can usually arrange or advise
on this aspect if required.
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| 5. |
Consultation
An initial appointment and an appointment to finalise the Notarial
act may be required, particularly if documentation has to be prepared
in formal style.
Personal attendance at my office will usually be required to ensure
all necessary secretarial facilities are available. However, in
exceptional cases, attendance arrangements out of the office can
be made.
Travelling and travelling time will incur additional expense to
the client.
The Notarial practice is located at the offices of Wortley
Byers Solicitors.
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Wortley
Byers Solicitors
Michael Lightowler is a partner in the separate practice of Wortley
Byers Solicitors. In accordance with Notarial Practice guidelines,
any client referred by the Notary to that Solicitors practice does
not have any of the protection attaching to the client of a Notary,
but benefits only from the practice rules applicable to a Solicitors
practice and will be subject to Wortley Byers Solicitors Terms of
Business, these are available on demand.
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| 7. |
Data
Protection Act
Details of clients of the practice and matter references will be
stored on computer for archive and retrieval purposes and may be
used to mail client communications from either the Notarial Practice
or Wortley Byers Solicitors.
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