A Notary Public is a qualified lawyer and is a member of a specialised branch of the legal profession. A Notary is an independent officer and must not do anything to compromise this independence.
If you are involved in a legal transaction with another country, it is likely that a Notary will be needed at some stage to witness documents or certify information. The Notary will verify to the authorities in that country that relevant checks have been carried out, that the document has been properly signed and that it will be effective in the country it is being sent to.
Many countries also require documents to be legalised once they have been signed and sealed by the Notary. Legalisation is a further process to ensure that the document is valid in the relevant country. The requirements for legalisation will depend on the country but will always involve the Foreign and Commonwealth Office. It may be necessary for the document also to be legalised by the applicable Consulate. Our Notary can deal with these legalisation requirements on your behalf.
What services is our Notary able to provide?
The Notary is able to provide a number of services include the following:
- Authenticating company and business documents and transactions.
- Preparing and witnessing powers of attorney for use overseas.
- Providing documents to deal with the administration of the estate of people who are abroad, or owning property abroad.
- Authenticating personal documents and information for immigration or emigration purposes, and to work abroad,
- attesting the signature and execution of documents
- authenticating the execution of documents
- authenticating the contents of documents
- administration of oaths and declarations
- drawing up or noting (and extending) protests of happenings to ships, crews and cargoes
- presenting bills of exchange for acceptance and payment, noting and protesting bills in cases of dishonour and preparing acts of honour
- attending upon the drawing up of bonds
- drawing mercantile documents, deeds agreement and wills in English and (via translation), in foreign languages for use in Britain, the Commonwealth and other foreign countries
- verifying of translations from foreign languages to English and vice versa.
This list is not exhaustive and you should please contact us direct if you are unsure as to whether you require a Notary or not.
How long does the process take?
There is often some urgency when Notarial services are required and our Notary can usually be available at short notice if necessary.
Only one meeting with the Notary is usually necessary and the minimum amount of time for that meeting is usually 30 minutes if the document has already been prepared by someone else and the Notary has seen the document before the meeting.
It the document needs further authentication by the Foreign and Commonwealth Office and/or the Embassy then the Notary can arrange this. This process can take anything from 24 hours (if an expedited procedure is used) to three to four weeks depending on the Embassy involved.
What fees will be involved?
Fees will be charged largely on a time spent basis at an hourly rate of £315 plus VAT which is currently charged at 20%. Rates are reviewed from time to time and we reserve the right to charge an additional element reflecting other factors such as distance from the office, urgency, value, importance or complexity.
The fee will include all time spent on the matter, including time spent dealing with preliminary matters such as telephone calls, emails and drafting as well as post-completion matters such as completion of the Notary’s register. Time will be charged in six minute units.
You will be charged for any disbursements incurred by us in connection with your instructions. These may include fees payable to the Foreign Office, Foreign Embassies or agents dealing with legalisation of documents, or courier or postal charges for sending notarised documents abroad and translators’ fees.
We will provide an estimate or a fixed price at the outset before meeting with you.
Regulatory and complaint information
The Notary’s practice at Birketts is regulated through the Faculty Office of the Archbishop of Canterbury. The contact details for the Faculty Office are:
The Faculty Office,
1 The Sanctuary,
London SW1P 3JT
020 7222 5381
We are committed to high quality legal advice and client care but if you are dissatisfied about the service you have received please do not hesitate to contact the Notary Public Louise Long. If Louise is unable to resolve the matter you may then complain to the Notaries Society of which she is a member, who have a complaints procedure which is approved by the Faculty Office. Please write (but do not enclose any original documents) with full details to:
The Secretary of The Notaries Society
Old Church Chambers
23 Sandhill Road
Northampton NN5 5LH.
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 eight weeks from the date you first notified Louise that you were dissatisfied, make your complaint to the Legal Ombudsman, if you are not happy with the result:
PO Box 6806,
0300 555 0333
If you decide to make a complaint to the Legal Ombudsman you must refer your matter to the Legal Ombudsman within six months from the conclusion of the complaint process.
Exclusions and Limitations of Liability
Our liability to you is limited in the following ways:
- We shall not be liable for any loss or damage arising as a direct or indirect result of the provision of services being prevented, hindered, delayed or rendered uneconomic by reason of circumstances beyond our control, including but not limited to Act of God, government action, war, riot, acts of terrorism, strike, lock out, trade dispute or labour disturbance, accident, breakdown of machinery, fire, flood, storm or difficulty or increased expense in obtaining information or services of any description.
- Save as stated in the paragraph 4 of this section and unless otherwise agreed with you in writing, our total liability to you in respect of our engagement for any loss, liability or damage howsoever caused, whether in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, restitution or otherwise (in each case whether caused by negligence or not) and whether related to any act, omission, services provided to you or failure to act or delay in acting by Birketts LLP will be limited to £3 million (three million pounds sterling) in aggregate.
- Where we are instructed by more than one client on a matter, the maximum amount of liability referred to in paragraph 2 (or such other amount agreed by us in writing in substitution) shall be the maximum aggregate liability that Birketts shall incur for all clients that have instructed it on such matter. The extent of Birketts’ liability up to such maximum shall be allocated between relevant clients in proportion to the amount of the liabilities to such clients.
- The extent to which any loss or damage will be recoverable by you from us will be limited so as to be in proportion to our contribution to the overall fault for such loss or damage, taking into account any contributory negligence by you, your other advisers and/or any other third party responsible to you and/or liable in respect of such loss. We shall not be liable to you for any indirect or consequential loss or damage whatsoever.