TERMS OF BUSINESS

MY TERMS OF BUSINESS

I am a Notary Public trading on my own account. I am also a solicitor – a former partner of and now consultant to Carter Vincent LLP. However, my notary business is kept separate, and in undertaking it am regulated by the Archbishop of Canterbury.

MY FEES

My hourly rate is £200 and my minimum fee is £80, though will reduce this if the matter is extremely simple, such as a certification of a copy passport. I reserve the right to vary my rates but will discuss this with you before accepting instructions.

TIME CHARGE

My charges include all the work I undertake for you from start to finish, including taking preliminary details and offering initial advice, preparation, attendances, drafting, phone calls, correspondence, copying documents and the completion of my Register and Protocol. You may be unaware that once you have signed a document before me, usually more time is spent completing the transaction than with you; this includes binding documents and arranging for legalisation at the Foreign and Commonwealth Office and sometimes Consular Legalisation for the receiving jurisdiction. I will always explain to you the steps I have to undertake.

FIXED FEES

I try to indicate a fixed fee with you before your appointment with me. However, if at your appointment, the transaction proves to be more complicated or there are more documents or people involved than you had previously indicated or if legalisation formalities are involved, I reserve the right to re-negotiate my fee or agree to charge you at my hourly rate.

V.A.T

I am not registered for VAT. However, you will be required to pay VAT on any disbursements I incur on your behalf.

DISBURSEMENTS

You are responsible for all payments which I may be required make on your behalf. Examples include legalisation fees paid to the Foreign and Commonwealth Office and/or an Embassy, legalisation agents’ fees, translator’s fees, courier’s fees and special postage charges. I will not incur these expenses without first obtaining your express consent to do so.

PAYMENT

My charges are payable once I have notarised the document for you. I am happy to accept payment by banker’s card, bank transfer or cash. I will not normally accept a cheque. I reserve the right not to release documents until payment has been received. Interest will be chargeable from the date of the invoice on invoices outstanding for more than seven days at 4% per annum above the Base Rate from time to time in force of Lloyds Bank Plc.

TERMINATION

You are entitled to terminate instructions in writing at any time, and I will charge you only for time expended to that date. If a conflict of interest becomes apparent or if you fail to provide proper instructions, I will decline to act any further on your behalf. I may exercise any lien which arises on any of your papers, documents or money in my possession until payment for any outstanding charges has been made.

YOUR OWN PROFESSIONAL ADVISERS

It is not my responsibility to offer you legal advice concerning the document you produce to me. My role is to properly identify you and to be satisfied that you understand the contents of the document and that you intend to be bound by it. You are strongly advised to seek the advice of your own independent legal or other competent professional adviser who practises in, or who is skilled in the law of the jurisdiction where the document will be sent and relied upon.

MY RESPONSIBILITIES

I am required to satisfy myself as to your identity (which is usually sight of your passport and say a driving licence or up to date bank statement), your legal capacity, your authority and your understanding and approval of the document which requires notarisation. I shall try to ensure that the document, in the manner of its execution, its form and substance will achieve its purpose for you. I must be satisfied that it is your voluntary act and that no fraud, violence or duress is involved and that other stipulated formalities either under English or foreign law are observed. If I am not satisfied about any one of these matters I will be unable to assist you.

FOREIGN & COMMONWEALTH OFFICE AND/OR CONSULAR LEGALISATION

Some foreign countries require a document to be legalised. This the process by which a state agency confirms that my seal and signature are those of a Notary. The Foreign and Commonwealth Office will attach what is known an apostille to the document which I have notarised on your behalf.

Sometimes, the document will then also have to be sent to the London Embassy of the country where the document will be relied upon The Embassy will then attach its own certificate to the document. Your lawyer in the foreign jurisdiction will probably advise you of any need for legalisation. If not, you should ask him/her about it. I shall be able to obtain the necessary legalisation for you and will discuss with you all time scales involved. Consular Legalisation can sometimes be slow and I will have no control over delays; for this reason I will often advise that Consular Agents are employed as agents to attend personally at the foreign consulate.

REGISTER & PROTOCOL

At the end of the transaction, I am required to make an entry of the main details in my register and to retain copies of any notarised document in public form and proof of your ID in my protocol.

MY LIABILITY TO YOU

My professional indemnity liability cover of £1 million and that will be the limit of my liability to you.

RELEVANT LAW

The law which governs this contract is the law of England and Wales and any dispute relating to Notarial services provided by me must be resolved by the English Courts.

M H R Davis

Notary Public,

Bangor,

Gwynedd.