Visiting a Notary Public and Our Terms of Business
  1. Chichester Notary Limited (“we”, “us” or “our”)
    1. Chichester Notary Limited, a company incorporated in England and Wales under registered number 12541146, provides the notarial services of Michael Paul Camps (the “Notary”), a notary public authorised to practise in England and Wales.
    2. Your contract is with Chichester Notary Limited. To the extent permitted under applicable law, if (as a matter of law) a duty of care, or any other duty, liability or obligation, would otherwise be owed to you by the Notary or any other member, employee or consultant of Chichester Notary Limited, such duty is excluded and you agree that you will not bring any claim (whether on the basis of contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise) against the Notary or any other member, employee or consultant of Chichester Notary Limited in respect of any loss or damage that you or anyone associated with you may suffer or incur, directly or indirectly, in connection in any way with the notarial services or any other work done or advice given to you.
    3. Accordingly, any claim that you may wish to make can only be made against Chichester Notary Limited and not against the Notary or any other member, employee or consultant of Chichester Notary Limited.
  2. Application of these terms of business
    1. These terms of business apply to and form part of the contract between you and us. They supersede any previously issued terms and conditions of purchase or supply.
    2. No terms or conditions endorsed on, delivered with, or contained in your purchase conditions, order, confirmation of order, specification or other document shall form part of the contract between you and us except to the extent that we otherwise agree.
    3. No variation of these terms of business or to an order for our services or to the contract between you and us shall be binding unless expressly agreed in writing and executed by our duly authorised signatory.
    4. Each order for our services by you to us shall be an offer to purchase our services subject to these terms of business.
    5. An order for our services may be withdrawn or amended by you at any time provided that notice in writing of such withdrawal or amendment by you is received by us before acceptance by us. If we are unable to accept an order for our services, we shall notify you as soon as reasonably practicable.
    6. Subject to the Notarial Practice Rules, we may accept or reject an order for our services at our discretion. An order shall not be accepted, and no binding obligation to supply any services shall arise, until the earlier of:
      1. our written acceptance of the order; and
      2. our performing the services or notifying you that they are ready to be performed (as the case may be).
    7. Rejection of an order for our services by us, including any communication that may accompany such rejection, shall not constitute a counter-offer capable of acceptance by you.
    8. We may issue quotations to you from time to time. Quotations are invitations to treat only. They are not an offer to supply services and are incapable of being accepted by you.
  3. Why a notary?
    1. It is almost always the case that you have been asked to see a notary because you have a document that needs to be used abroad. Seeing a notary is never a mere rubber-stamping exercise. The international duty of a notary involves a high standard of care. This duty is owed not only towards the client but also to anyone who may rely on the document and to governments or officials of other countries. These people are entitled to assume that a notary will ensure full compliance with the relevant requirements both here and abroad; and to rely on the notary’s register and records. Great care is essential at every stage to minimise the risks of errors, omissions, alterations, fraud, forgery, money laundering, the use of false identity, and so on.
    2. We offer appointments during business hours and occasionally outside of business hours in exceptional circumstances. The Notary is also prepared to make home visits or visit corporate clients at their place of business. If the notarial appointments take place outside of our office, we may make an additional charge to cover travelling time and expenses. Occasionally the Notary may not be able to see you within the timeframe you require, or we may decide that we are not able to act for you in which case we will advise you that that is the case and will provide you with the necessary information to locate an alternative notary.
  4. Signatures
    1. The Notary should normally witness your signature. Please do not sign the document in advance of your appointment with the Notary.
  5. Papers to be sent to us in advance
    1. It will save time, expense and mistakes if, as long before the appointment as possible, you can let the Notary have the originals, photocopies or scanned copies of:
      • The documents to be notarised;
      • Any letter or other form of instruction which you have received about what has to be done with the documents;
      • Your evidence of identification.
  6. Identification
    1. We will need you to produce by way of formal identification the original of (in preferred order):
      • Your current passport (or, if not available);
      • A current new driving licence (with photograph) or national identity card
    2. If neither of the above are available, at least two of the following:
      • A current government or police issue certificate bearing a photograph or other formal means of identification;
      • A utility bill, credit card or bank statement showing your current address which should not be more than three months old or council tax bill and not downloaded from the internet.
    3. You must also bring any other means of identification which may be referred to in the papers sent to you as being required such as a foreign identity card. We may also ask to see further evidence of identity such as marriage certificates etc and will advise you of this if necessary.
  7. Proof of names
    1. In a case where the name on the document is different from the name you are currently using, or there has been a variation in the form of spelling of the name over the years, please provide us, as appropriate, with certificates of birth or marriage, or decree of divorce, or change of name deed showing all the different names that you use. If there has been a change of name, then the Notary will need to see a copy of the deed poll or statutory declaration which dealt with it.
  8. Advice on the document
    1. If you bring a document to the Notary for authorisation as a notary, we will advise you as to the formalities required for completing it. However, the Notary will not be attempting to advise you about the transaction itself.
  9. Written Translations
    1. It is essential that you understand what you are signing.
      • If the document is in a foreign language which you do not understand sufficiently, we may have to insist that a translation be obtained. If we arrange for a translation, a further fee will be payable and we will provide you with details of this.
      • If you arrange for a professional translation, the translator should add his or her name, address, relevant qualification, and a certificate stating: “Document X is a true and complete translation of document Y, to which this translation is attached.”
  10. Oral Interpreter
    1. If you and the Notary cannot understand each other because of a language difficulty, we may have to make arrangements for a competent interpreter to be available at the interview and this may involve a further fee.
  11. Companies, Partnerships etc
    1. If a document is to be signed by you on behalf of a company, a partnership, a charity, club or other incorporated body, there are further requirements on which we may have to insist. Please be prepared for these and telephone the Notary with any point of difficulty before attending on the appointment.
    2. In each case the Notary will need to see:
      1. Evidence of identity of the authorised signatory (as listed above);
      2. A copy of the current letterhead (showing the registered office if it is a company).
      3. An original letter of authority, minute, resolution or power of attorney, authorising you to sign the document.
    3. Additionally, for companies: The Notary may ask to see the Certificate of Incorporation and of any change of name, a copy of the memorandum and articles of association, details of directors and secretaries. In all instances we will be carrying out various company searches, which may have an effect on the level of fees charged.
    4. Additionally, for partnerships, clubs, etc: The Notary may ask to see a copy of any partnership agreement; or relevant trust deed; or charter; or constitution or rules.
  12. Notarial charges and expenses
    1. Details of our charges are set out below. Please note that if we have to make payments on your behalf such as legalisation fees, translator or interpreter fees, or other costs such as travelling expenses, your approval to these will be obtained and you are normally required to make payment in advance of any such amounts.
    2. Charges: If the matter is simple, we will endeavour to charge a fixed fee to include disbursements such as legalisation fees, postage, consular agent fees, courier fees, travelling expenses, translating costs and so on. We do not charge VAT.
    3. For more complicated or time-consuming matters, the fee will be based on our hourly rate for notarial matters of £300, normally subject to a minimum fee of £150, plus disbursements. The fee charged may include time spent on preliminary advice, drafting and preparation time, making and receiving telephone calls, correspondence written and received in all formats, arranging legalisation and record keeping.
    4. Disbursements: Some documents require legalisation before they will be accepted for use in the receiving jurisdiction by obtaining an apostille through the United Kingdom Foreign and Commonwealth Office and, for some countries, additional legalisation is required through the relevant embassy or consulate. We will normally advise you of the cost of legalisation including agent’s fees and return carriage to you or a third party, in advance.
    5. Payment can be made by cash or cheque made payable to “Chichester Notary Limited”. Payment of our fee and disbursements is due when the document has been prepared which we may retain pending payment in full.
    6. Occasionally unforeseen or unusual issues arise during the course of the matter which may result in a revision of our fee estimate. Examples of this could include where additional documents are required to be notarised, additional translations or legalisations are needed to meet the requirements of the receiving jurisdiction, third party fees are adjusted to reflect external factors such as fuel price changes and so on. We will notify you of any changes in the fee estimate as soon as possible.
  13. Typical stages of a notarial transaction
    1. Each notarial matter is different and the requirements will vary according to whether the client is a private individual or a company. Some of the typical key stages are likely to include:
      • Receiving and reviewing the documents to be notarised together with any instructions you may have received.
      • Liaising with your legal advisers or other bodies to obtain the necessary documentation to deal with the document (e.g. information from Companies House or foreign registries, powers of attorney etc).
      • Checking the identity, capacity and authority of the person who is to sign the document
      • If a document is to be certified, checking with the issuing authorities that the document/award is genuine. In the case of academic awards, this would entail checking with the appropriate academic institutions.
      • Meeting with the signatory to verify their identity and to ascertain that they understand what they are signing and that they are doing so of their own free will and ensuring that the document is executed correctly.
      • Drafting and affixing or endorsing a notarial certificate to the document.
      • Arranging for the legalisation of the document as appropriate.
      • Arranging for the storage of copies of all notarised documents in accordance with the requirements of the Notarial Practice Rules 2019.
  14. Notarial Records and Data Protection
    1. When we carry out our work for you, the Notary is required to make an entry in a formal register, which is kept by him as a permanent record. He will retain a copy of the notarised documentation with that record. The Notary’s practice is a registered with the Information Commissioner’s Office. Personal data received from clients is held securely and not capable of being accessed externally. Data collected as part of notarial records is used solely for the purposes of meeting our professional legal responsibilities as notaries public. For full details of our privacy policy and data processing terms please see our website: www.chichesternotary.com.
    2. You shall and you hereby agree to indemnify us, the Notary and their respective affiliates and their respective officers, employees, agents and subcontractors (each an “Indemnified Party”) from and against any claims, losses, demands, actions, liabilities, fines, penalties, reasonable expenses, damages and settlement amounts (including reasonable legal fees and costs) incurred by any Indemnified Party arising out of or in connection with any breach by you of the warranties included in paragraphs 8 and 9.
  15. Limitation of liability
    1. The extent of the parties’ liability under or in connection with the contract between you and us (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 15.
    2. Subject to clause 15.6, our total liability shall not exceed the sum of £1,000,000.00.
    3. Subject to clause 15.6, we shall not be liable for consequential, indirect or special losses.
    4. Subject to clause 15.6, we shall not be liable for any of the following (whether direct or indirect):
      1. loss of profit;
      2. loss or corruption of data;
      3. loss of use;
      4. loss of production;
      5. loss of contract;
      6. loss of opportunity;
      7. loss of savings, discount or rebate (whether actual or anticipated); or
      8. harm to reputation or loss of goodwill.
    5. The limitations of liability set out in clauses 15.2 to 15.4 inclusive shall not apply in respect of any indemnities given by you under the contract between us and you.
    6. Notwithstanding any other provision of the contract between you and us, the liability of the parties shall not be limited in any way in respect of any of the following:
      1. death or personal injury caused by negligence;
      2. fraud or fraudulent misrepresentation;
      3. any other losses which cannot be excluded or limited by applicable law; or
      4. any losses caused by wilful misconduct.
  16. Insurance
    1. In the interests of our clients we maintain professional indemnity insurance at a level of at least £1,000,000.00 per claim.
  17. Termination and Your Right to Cancel
    1. You may terminate your instructions to us at any time by giving us reasonable written notice. All fees and disbursements incurred up to the date of termination will be charged.
    2. Consumer Cooling Off Cancellation Period – Consumer Contracts Regulations 2013 (“CCR”):
      Where the CCR apply (typically where you are an individual consumer and our contract with you was concluded either at or following a meeting with you or by a form of distance communication) you have a cancellation period of 14 days after the date on which the contract between you and us is entered into, typically the date on which we agree to provide notarial services to you or the date on which you continue to give us instructions, whichever is earlier.
    3. You can cancel your contract with us within the cancellation period by giving us a clear statement and we will reimburse all payments received from you by the same method that you used, at no cost to you, without undue delay, and not later than 14 days after the day on which you inform us of the cancellation.
    4. If you ask us to begin work during the cancellation period, you can still cancel but you must pay us an amount in proportion to the work which we have performed and this proportion will not be reimbursed to you.
  18. Termination by us
    1. We reserve the right to terminate our engagement by you if we have good reason to do so, for example, if you do not pay a bill or comply with our request for a payment on account or you fail to give us the co-operation which we are reasonably entitled to expect.
  19. Complaints
    1. The Notary’s notarial practice is regulated through 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
    2. If you are dissatisfied about the service you have received please do not hesitate to contact us.
    3. If we are unable to resolve the matter you may then complain to The Notaries Society of which the Notary 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.
    4. 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
      PO Box 7655
      Milton Keynes MK11 9NR
      Email secretary@thenotariessociety.org.uk
      Tel: 01908 803527
    5. If you have any difficulty in making a complaint in writing, please do not hesitate to call the Notaries Society or the Faculty Office for assistance.
    6. Finally, 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 6 months from the date you first notified us 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: enquiries@legalombudsman.org.uk
      Website: www.legalombudsman.org.uk
    7. If you decide to make a complaint to the Legal Ombudsman you must refer your matter to the Legal Ombudsman:
      • Within six months of receiving a final response to your complaint and
      • Six years from the date of act/omission; or
      • Three years from when you should reasonably have known there was cause for complaint (only if the act or omission took place more than six years ago)
    8. The act or omission, or when you should have reasonably known there was cause for complaint, must have been after 5th October 2010.

*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.