Is divorce reform around the corner? We take a look at this question in our latest blog and in the light of the recent Owens vs Owens case where the husband was represented by Hughes Paddison.
1. HOURS OF BUSINESS: Our Notary office hours are 09.30 to 17.00 from Monday to Friday. In appropriate cases Paul Englebrecht can arrange to see you outside his usual office hours, or away from the office. In such cases, he would charge a reasonable fee for travelling time plus the cost of my travel.
2. RESPONSIBILITY: A Notary’s first duty is to the transaction as a whole. Notarial acts are relied upon by clients, third parties and foreign governments and officials worldwide. Unless otherwise agreed in writing, a Notary’s responsibility is limited to the Notarial formalities and does not extend to advice on or drafting of documentation or in relation to substantive legal input on the matter under consideration. Paul Englebrecht does not give foreign law advice.
3. FEES: Paul Engelbrecht's present hourly rate is £240.00 and my minimum fee is £60.00. Paul Engelbrecht reserves the right to vary these rates in respect of extremely urgent work or work done outside ordinary office hours or at the weekend.
4. PAYMENT: Our charges are normally payable on presentation (usually at the meeting) by cash, cheque or by immediate BACS transfer. Notarised documents will not normally be released until all fees and disbursements have been paid in full.
5. DISBURSEMENTS: You are responsible for all payments which Paul Engelbrecht makes on your behalf. Typical examples are legalisation fees paid to the Foreign and Commonwealth Office and/or an Embassy, legalisation agents’ fees, Companies Registry fees, courier fees and special delivery postage charges. However, he will not incur these expenses without first obtaining your consent to do so.
6. DOCUMENTATION TO BE PREPARED: Paul Engelbrecht may need more than one appointment to finalise the matter, particularly if it is necessary for him to prepare all or some of the documentation.
7. PROOF OF IDENTITY: Identification of individuals and proof of residential address is required. This is usually by way of a current passport, photocard driving licence or national identity card and a recent gas, electricity or other bill or bank statement. Exceptionally, other proof may be acceptable.
If you act on behalf of a company, Paul Engelbrecht will need to establish that it exists and that the signatory has authority to represent it. He will generally conduct his own checks at the Companies House. In some cases he may ask you to produce a certificate of incorporation, good standing certificate or other similar evidence.
8. WRITTEN TRANSLATION: In cases where Paul Engelbrecht does not have knowledge of the language in which the document is written, official translations may be required before and/or after execution of the documentation.
9. LIABILITY: Paul Engelbrecht has professional indemnity liability cover of £1,000,000.00, which is the minimum level of cover specified by the Master of Faculties. Paul therefore limits the level of his liability to you to £1,000,000.00.
10. COMPLAINTS: Paul Engelbrecht aims to provide all clients with an efficient and high standard of service. However, in the unlikely event that you should wish to complain, then you should follow the complaints procedure set out below. Notaries are regulated by the Faculty Office of the Archbishop of Canterbury: The Faculties Office, 1 The Sanctuary, Westminster, London SW1 3JT, Telephone: 020 7222 5381, Email: email@example.com, Website: www.facultyoffice.org.uk
If you are dissatisfied about the service you have received, please do not hesitate to contact Paul Engelbrecht. If he is unable to resolve the matter then you may complain to the Notaries Society of which he is a member, who have a Complaints Procedure which is approved by the Faculty Office. This procedure is free to use and is designed to provide a quick resolution to any dispute.
In that case, please write (but do not enclose any original documents) with full details of your complaint to: The Secretary of The Notaries Society, Old Church Chambers, 23 Sand hill Road, St James, Northampton NN5 5LH, Email: firstname.lastname@example.org, Tel: 01604 758908.
If you have any difficulty making a complaint in writing, please do not hesitate to call the Notaries Society/the Faculty Office for assistance.
Finally, even if you have your complaint considered under the Notaries Society Approved Complaints Procedure, you may at the end of the procedure, or after a period of eight weeks from the date you first notified Paul Engelbrecht that you were dissatisfied, make your complaint to the Legal Ombudsman*, if you are not happy with the result:
Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ, Tel: 0300 555 0333, Email:email@example.com, Website: www.legalombudsman.org.uk
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.
*certain kinds of commercial entities are not eligible to make a complaint to the Legal Ombudsman – please refer to the Legal Ombudsman Scheme Rules or consult the Faculty office.
11. RECORDS: At the end of the matter, a formal entry of the main details of your transaction together with copies of the notarised document may be kept. In particular, when notaries are requested to certify documents such as public deeds, the above details will also be kept in their Notarial protocols.
12. DATA PROTECTION: Paul Engelbrecht uses the information you provide primarily for the provision of my services to you and for related purposes including: updating and enhancing client records, analysis to help him manage his practice, statutory returns, legal and regulatory compliance.
13. MONEY LAUNDERING: Notaries are obliged under the Money Laundering Legislation to take measures to protect against fraud and forgery. To ensure that Paul Engelbrecht complies with this you acknowledge and agree that. Paul may make all such enquiries as he deems necessary and agree that. We may make all such enquiries as we deem necessary or appropriate in order to comply with my duty, and you will provide me with such documents and information as we may request. Your failure to do so will entitle him to terminate my engagement and cease acting for you forthwith.
14. EQUALITY AND DIVERSITY: Paul Engelbrecht is committed to promoting equality and diversity in all of our dealings with clients and third parties.
15. THE RELEVANT LAW: The law which governs our contract with you is English Law and it is agreed that any dispute relating to my services shall be resolved by the English courts.