Terms of Business
LH Notaries Limited
24 Warren Park Road
Hertford, SG14 3JD
1. Why a Notary?
In most cases, you will need to see a Notary Public because you have a document that is required for use outside the United Kingdom. A notary appointment is not simply a formality or a rubber-stamping exercise. A Notary has a professional duty to check documents carefully and ensure that the correct formalities are followed.
In most cases, you will need to see a Notary Public because you have a document that is required for use outside the United Kingdom. A notary appointment is not simply a formality or a rubber-stamping exercise. A Notary has a professional duty to check documents carefully and ensure that the correct formalities are followed.
The role of a Notary includes protecting not only the client, but also any person, authority, government department, organisation or official who may rely on the notarised document. This means that great care must be taken to reduce the risk of errors, omissions, fraud, forgery, false identity, money laundering or any other issue that could affect the validity of the document.
Appointments are normally available during business hours. In exceptional cases, appointments may be arranged outside normal business hours. We may also be able to offer home visits or attend a corporate client’s place of business. Where an appointment takes place away from our office, an additional charge may apply for travel time and expenses.
If we are unable to see you within your required timeframe, or if we are unable to act for you, we will let you know and, where appropriate, provide information to help you find another Notary.
2. Signatures
3. Papers to Be Sent in Advance
To help save time, avoid delays and reduce the risk of mistakes, please send copies of the relevant papers to us as early as possible before your appointment.
This may include:
- The documents that need to be notarised;
- Any instructions, letters or guidance you have received explaining what needs to be done with the documents;
- Your evidence of identification.
4. Preferred forms of identification are:
- Your current passport; or
- A current photocard driving licence; or
- A national identity card.
If the above documents are not available, you may be asked to provide at least two alternative forms of identification, such as:
- A current government or police-issued document showing your photograph or other formal identification; and
- A recent utility bill, bank statement, credit card statement or council tax bill showing your current address. Address documents should usually be no more than three months old.
You should also bring any additional identity documents mentioned in the instructions you have received, such as a foreign identity card. In some cases, further evidence may be required, such as marriage certificates, divorce documents or other official records.
5. Proof of Names
If the name on your document is different from the name you currently use, or if your name has changed or been spelt differently over time, you will need to provide evidence confirming the different names.
This may include a birth certificate, marriage certificate, divorce decree, change of name deed, deed poll or statutory declaration.
6. Advice on the Document
If you bring a document to us for notarisation, we will advise you on the formalities required to complete it correctly for notarial purposes. However, we will not advise you on the underlying transaction or legal matter unless this has been specifically agreed.
7. Written Translations
It is important that you fully understand any document you are signing. If your document is written in a language that you do not understand sufficiently, we may require a translation before proceeding.
If we arrange a translation, an additional fee will be payable and we will provide details of this in advance.
If you arrange a professional translation yourself, the translator should include their name, address, relevant qualification and a certificate confirming that the translation is true and complete.
8. Oral Interpreter
If we are unable to communicate clearly because of a language difficulty, we may need to arrange for a competent interpreter to attend the appointment. This may involve an additional fee.
9. Companies, Partnerships etc.
If a document is to be signed by you on behalf of a company, partnership, charity, club or other organisation, we may need additional documents to confirm your authority to sign.
In each case, we may ask for:
- Evidence of identity for the authorised signatory;
- A copy of the organisation’s current letterhead, showing the registered office where applicable;
- A letter of authority, board minute, resolution or power of attorney authorising the signature.
For companies, we may also require documents such as the certificate of incorporation, any change of name certificate, memorandum and articles of association, and details of directors and secretaries.
For partnerships, clubs, charities or similar organisations, we may require documents such as a partnership agreement, trust deed, charter, constitution or rules.
We may also carry out company or organisation searches, which may affect the level of fees charged.
10. Notarial Charges and Expenses
Where the matter is straightforward, we will aim to provide a fixed fee where possible. This may include relevant disbursements such as legalisation fees, postage, consular agent fees, courier fees, travel expenses or translation costs.
LH Notaries Limited is VAT registered and VAT is payable on our fees.
For more complicated or time-consuming matters, fees may be charged at an hourly rate of £360 plus VAT, subject to a minimum fee of £120, plus any applicable disbursements and VAT.
The fee may include time spent reviewing documents, providing preliminary advice, preparing and drafting documents, making and receiving calls, dealing with correspondence, arranging legalisation and keeping notarial records.
Some documents require legalisation before they can be used overseas. This may involve obtaining an apostille from the UK Foreign, Commonwealth and Development Office or further legalisation through an embassy or consulate. We will advise you of any expected disbursement costs before proceeding.
Payment may be made by cash, card or bank transfer. Fees and disbursements are usually payable once the document has been prepared. Documents may be retained until payment has been received in full.
If unexpected or unusual issues arise during the matter, we may need to revise the original fee estimate. This may happen if additional documents, translations, legalisations or third-party costs become necessary. We will notify you of any changes as soon as possible.
11. Typical Stages of a Notarial Transaction
Each notarial matter is different, and the work required will depend on whether the client is an individual, company or organisation.
Typical stages may include:
- Receiving and reviewing the documents and instructions;
- Liaising with legal advisers, public bodies, Companies House or foreign registries where required;
- Checking the identity, capacity and authority of the person signing;
- Verifying documents with issuing authorities where necessary;
- Meeting with the signatory to confirm identity, understanding and willingness to sign;
- Ensuring the document is signed correctly;
- Preparing and attaching or endorsing the notarial certificate;
- Arranging legalisation where required;
- Keeping copies of notarised documents in accordance with professional requirements.
12. Notarial Records and Data Protection
When we carry out notarial work, we are required to make an entry in a formal notarial register, which is kept as a permanent record. We will also retain a copy of the notarised documentation with that record.
LH Notaries Limited is registered with the Information Commissioner’s Office. Personal data received from clients is held securely and used for the purpose of meeting our professional legal responsibilities as Notaries Public.
For more information about how we process personal data, please refer to our Privacy Notice available on our website.
13. Use of Technology, Devices and Artificial Intelligence
Where we use technology, devices or artificial intelligence as part of our services, we do not rely on automated decision-making without human involvement.
Before using any new technology, including artificial intelligence, we carry out an appropriate risk assessment to ensure that clients’ rights are not adversely affected.
14. Insurance
For the protection of our clients, we maintain professional indemnity insurance at a level of at least £1,000,000 per claim.
15. Termination / Your Right to Cancel
You may end your instructions at any time by giving us reasonable written notice. Any fees and disbursements incurred up to the date of termination will remain payable.
Where the Consumer Contracts Regulations 2013 apply, you may have a 14th-day cancellation period from the date you sign our retainer letter or from the date you continue to give us instructions, whichever is earlier.
You may cancel during the cancellation period by giving us a clear statement. If you have already made a payment, we will reimburse payments received using the same payment method, unless work has already started at your request.
If you ask us to begin work during the cancellation period, you may still cancel, but you will be required to pay a proportionate amount for the work already carried out.
16. Termination by Us
We reserve the right to terminate our engagement where we have good reason to do so. This may include situations where a bill is not paid, a requested payment on account is not provided, or you do not provide the cooperation reasonably required for us to complete the matter.
17. Complaints
If you are unhappy with the service you have received, please contact us first so that we can try to resolve the issue.
Our notarial practice is regulated by the Faculty Office of the Archbishop of Canterbury:
The Faculty Office
1, The Sanctuary
Westminster
London
SW1P 3JT
Telephone: 020 7222 5381
Email: Faculty.office@1thesanctuary.com
Website: www.facultyoffice.org.uk
If we are unable to resolve your complaint, you may complain to The Notaries Society, which has an approved complaints procedure. This procedure is free to use and is designed to provide a quick resolution.
Please write with full details of your complaint, but do not send original documents, to:
The Secretary of The Notaries Society
Old Church Chambers
23 Sandhill Road
St James
Northampton
NN5 5LH
Email: secretary@thenotariessociety.org.uk
Telephone: 01604 758908
If you have difficulty making a complaint in writing, you may contact The Notaries Society or the Faculty Office for assistance.
If you remain dissatisfied after the Notaries Society complaints process, or after six months from the date you first notified us of your complaint, you may be able to refer the matter to the Legal Ombudsman, subject to eligibility and time limits.
Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Telephone: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Website: www.legalombudsman.org.uk
If you wish to complain to the Legal Ombudsman, you must usually refer your complaint within six months of receiving a final response, and within the relevant time limits set by the Legal Ombudsman. The act or omission, or the date when you should reasonably have known there was cause for complaint, must have been after 5th October 2010.
Please note that some commercial entities may not be eligible to complain to the Legal Ombudsman. You should refer to the Legal Ombudsman Scheme Rules or contact the Faculty Office for guidance.
We hope these notes help you understand what is expected from both you and us when using our notarial services.