Jayne Griffiths-Scott - Notary Public

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Terms of Business

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Identification

Notaries are required to satisfy themselves of the identity of both individuals and businesses.

For Individuals, you agree to let me to inspect suitable proof of identification which is likely to be a current passport or photocard driving license. National identity cards are also acceptable. In addition, I will ask to see proof of your residential address. This could be provided by my inspecting a recent utility bill, bank statement or other formal communication addressed to you. Exceptionally, other proof may be accepted, but I will be able to advise you of my requirements before starting work for you. Please note that I will always require sight of the original identity document.

If you instruct me on behalf of a company or organisation, I will need to establish that it exists and that the signatory has authority to act for the business. I will usually conduct my own searches in respect of UK companies and you agree to be responsible for any charges incurred in my undertaking relevant searches. I reserve the right to request additional evidence ,as appropriate for each instruction as I deem necessary. For example I may need to review the constitutional documents of a limited company and satisfy myself the board resolutions have been properly passed. I will also ask clients to confirm that there are no notifications pending at Companies House that have not yet been added to the database maintained by the Registrar of Companies for England and Wales.

Fees and payment

Wherever appropriate I will provide a fixed fee quotation for the work you instruct me to undertake.

Where is not possible to quote a fixed fee, then I will give you an estimate of costs, which will be based upon my hourly charge rate of £200 per hour plus VAT.

Where I agree to travel in order to provide Notary Public services, I charge mileage at a flat rate of 45p per mile in accordance with HMRC guidelines. Mileage will be based on AA Route planner calculations from my postcode to the postcode of the address at which I visit you. A charge will also be made in respect of travelling time and any quote you are given may include this.

Payment may be made by cash; or direct transfer into my nominated bank account. A secure payment link can be provided for your convenience. Final documents will not be released until I am in receipt of cleared funds.

Disbursements and expenses

Disbursements and Expenses are additional charges which are incurred in respect of your matter.

Examples include Companies House searches; translators' fees; Foreign Commonwealth and Development Office charges for Apostilles; fees charged by embassies/consulates; postage and courier charges; agents' charges etc. This list is not exhaustive.

Payments for disbursements must be made in advance and funds must be cleared before I incur the disbursement.

Where you instruct me to make applications for Apostilles and legalisation, I use an agent who has priority at the Foreign Office in order to ensure that documents are processed promptly. In instructing me you agree to your documents being handled in this way.

Third parties

Where you have professional advisers (for example lawyers in the receiving jurisdiction), it will often be helpful for me to be able to communicate with them. This can assist in identifying the requirements at an early stage and will often ensure that your matter is completed without delay and in the most cost-efficient manner.

It will often be necessary for you to give third parties express permission for them to deal freely with me and you agree to give this permission is requested to do so.

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My role and the requirements of my Office of Notary Public

I have a responsibility to ensure that you have capacity to instruct me and that you understand the content and purpose of the transaction/document you ask me to notarise. In accordance with the requirements of my public office, I need to satisfy myself that there is no fraud, violence or duress involved and I reserve the right to carry out bankruptcy searches. Where I am not so satisfied, then I reserve the right to refuse to act or to cease acting.

Please note that a Notary's first duty is to the transaction as a whole. This is because Notarial Acts are relied upon by clients, third parties, foreign governments and organisations, worldwide.

Unless otherwise agreed in writing, my responsibility is limited to the Notarial Act and will not extend to giving legal advice.

In cases where you wish to submit an application or paperwork yourself to the Foreign Office or embassy/consulate/High Commission yourself, I accept no responsibility for any errors or omissions made by you.

Documents and instructions

It is usually helpful for us to speak by telephone in advance of us meeting and wherever possible, for me to have sight of the relevant documents in advance via email. You agree to cooperate in this respect.

Email

Wherever possible, I will communicate with you and relevant third-parties by email for reasons of speed and cost effectiveness. By instructing me and giving me a valid email address, you agreed to me communicating with you and relevant third-party in this way. Where are you do not wish me to communicate with you or others by email you must confirm this in writing.

I accept no responsibility for the security of email communications and ask that you ensure that any email address you give me is appropriate. Please do not ask me to correspond with you via a work email address, unless you are certain that this is appropriate and that your privacy will not be compromised.

Declining to act

I reserve the right to decline to act for you or to cease acting for you for example, where you do not provide me with clear and prompt instructions; do not cooperate with my request for information or documents; or if I have concerns about your capacity.

Money laundering and the proceeds of crime

Notaries are required to be vigilant in respect of possible money-laundering and criminal activity and have a legal obligation to report any reasonable suspicions or knowledge. You agree that:

  • I may make such enquiries as I consider to be necessary in order to comply with my duties.
  • you and will assist by providing such documents and information as I may request.

Failure to cooperate will entitle me to cease acting for you immediately.

Data Protection

I may store your information and documents either electronically or in hardcopy. Copies of Notarial Acts will be retained for a minimum of 12 years and may be retained indefinitely if they are in what is known as Public Form (for example, the majority of Spanish Power of Attorney documents will be in Public Form).

I will store and process any information I have concerning you in accordance with the provisions of the Data Protection Act 1998 and I am duly registered with the Information Commissioner's Office as a Data Controller. I may need to share information I hold concerning you to third parties including the Foreign Commonwealth and Development Office, and agents/lawyers/notaries in the receiving jurisdiction.

Copies of Notarial Acts may be provided to any person with a legitimate interest in the same and your information may be shared with others as a result of inspection of my Practice.

**Consumer contracts (information, cancellation and additional charges ) Regulations 2013

In certain circumstances, individual clients may have a legal right to cancel the contract between us within 14 days of the start of my agreement to act for you, without incurring any charge. I will advise you if this applies to you. In those situations I am unable to start work for you until that 14-day period has expired, unless you choose of your own free will, to waive this right and asked me to start work for you immediately. If this provision applies to you, I will need to provide written confirmation of this, which you can supply via email.

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