CHRISTOPHER
J BYRNE
NOTARY
PUBLIC
Fax: 01227 450498
E-mail:
chrisbyrne@girlings.com
VISITING A NOTARY PUBLIC. NOTES FOR INFORMATION FOR CLIENTS.
1.
INTRODUCTION: These notes are intended to help you understand
the work that the Notary Public has to do.
I hope that they may save time and expense, both for you and me. They are not exhaustive, and not every point
covered will apply in every case.
2.
NOT A MERE
RUBBER-STAMPING EXERCISE: The international duty
of a Notary involves a high standard of care.
This is not only towards you as 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.
As
a Notary, I have to act independently, even though you are my client. My overriding duty is “to the
transaction”.
3.
SIGNATURE: Your signature should normally be witnessed
by the Notary. Please do not jump the
gun by signing the document in advance of your appointment with me.
4.
PAPERS TO BE SENT TO
ME IN ADVANCE: It can save time,
expense, and mistakes if, as long before the appointment as possible, you can
let me have the originals or photocopies 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.
5.
IDENTIFICATION: I 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 photo)
If neither of the
above are available, at least two of
the following
·
A
current old style driving licence (without photo);
·
Security
pass, or other formal means of identification;
·
A
utility bill showing your current address;
·
Any
other means of ID which may be referred to in the papers sent to you as being
required.
·
If
any of the above do not incorporate a good
photographic likeness, please be ready to let me have a recent photograph for
me to retain with my records.
If you are personally
accompanied and identified to me by someone reliable, who is well known both to
you and to me, it may be possible to proceed without other evidence of identity
in an urgent
situation. It is always preferable for
me to have formal identification for my official records.
6.
PROOF OF NAMES: 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 me with, eg,
Certificates of Birth, Baptism, Marriage, or a Divorce Decree. If there has been a change of name, then I
will need to see a copy of the Deed Poll or Statutory Declaration which dealt
with it.
7.
CHAIN OF
EVIDENCE: Notarisation is
accepted as a safeguard under international law. The signature and seal of the Notary are
recognised as a link in the chain of evidence relating to international
documents. If therefore I seem to you to
be a bit fussy over minor details, please understand the responsibility placed
on me!
8.
EXAMINING THE
EVIDENCE: Accordingly, careful
examination by the Notary is required to check whether both the document to be
notarised and your personal ID are original, genuine, valid, complete,
accurate, and unaltered.
9.
INCOMPLETE
DOCUMENTS: The Notary has to
check that each document to be notarised is fully completed. Unfortunately, many documents produced as
ready for signature have blank spaces left in them, not always
intentionally! This occurs even when
they have been prepared by other lawyers or professional advisers. If you can help in identifying the
information needed to complete any blanks in documents, it will save time when
we meet. However, please do not mark the
document itself until I have seen it.
10.
ADVICE ON THE
DOCUMENT: If you bring a
document to me for official witnessing as a Notary, it is not usually necessary
for me to read and understand all aspects of the document. Whilst I will advise you as to the
formalities required for completing it, I shall not be attempting to advise you
about the transaction itself. I am
acting as an official witness, not as a legal adviser.
11.
WRITTEN
TRANSLATIONS: It is important that you understand what you are signing. It may not be essential for me to fully
understand the contents of the document if it is in a foreign language.
·
Sometimes
a professional translation is required either before or after
you have signed the document.
·
If
it is in a foreign language which you do not understand sufficiently, I may
have to insist that a translation be obtained.
If I arrange for a translation, a further fee will be payable.
·
Unless
you have a good understanding of the language yourself, an informal or amateur
translation is rarely satisfactory.
·
If
you arrange for a professional translation, the translator should add his/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.”
12.
ORAL INTERPRETER: If you and I cannot understand each other
because of a language difficulty, we may have to make arrangements for a
competent interpreter to be available at our interview and this may involve a
further fee.
13.
COMPANIES, PARTNERSHIPS,
ETC: 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 I may have to insist. Please be prepared for these and telephone
with any point of difficulty before attending on the appointment.
In
each case:
1.
Evidence
of identity of the authorised signatory.
2.
A
copy of the current letterhead (showing the registered office if it is a
company).
3.
A
Letter of Authority, Minute, Resolution or Power of Attorney, authorising you
to sign the document.
4.
In
some instances I may have to see a copy of the latest Annual Accounts; the latest Tax
Assessment; the latest quarterly VAT
Return.
Additionally,
companies:
1.
Certificate
of Incorporation and of any Change of Name.
2.
A
copy of the Memorandum and Articles of Association.
3.
Details
of Directors and Secretaries.
Additionally,
partnerships, clubs, etc:
1.
A
Partnership Agreement;
or relevant Trust Deed; or
Charter; or Constitution/Rules.
I may have to insist on
seeing originals of these documents. If
you do show me photocopies, they would have to be certified on behalf of the
person holding the originals and who may not be able to release them. The certificate should be in the following
form:
“I certify that this (with the
following …. pages) is a true and complete copy of the
original document which is currently held by me.
Full
name of signatory:
Who
certifies in his/her capacity as:
Signature
……………………………… Date
…………………………….
14.
NOTARIAL CHARGES AND
EXPENSES:
·
My
charges: My current hourly rate is £215. The minimum charged for dealing with a single
document is normally £60. VAT, curently
at 17.5%, has to be added to these figures.
·
Once
I have seen any documents and any instructions sent to you about the document,
I may be able to give you a firm indication or an estimate of the likely
charges.
·
Payments
out on your behalf: I may have to pay
legalisation fees to the Foreign and Commonwealth Office and/or a Foreign
Embassy. There might be translator or interpreter
fees. Other payments may be required
including, travelling expenses. Your
approval to these will be obtained and you are normally required to make
payment in advance of any such amounts.
·
Basis
of charging: If it is a simple matter of
witnessing a document, a fixed fee will be charged. If there are complications or if I am
required to draft a document, or obtain legalisation, the charge will be based
upon time spent. This may include
telephone calls made or received, letters sent and received, time
spent in interview, on drafting, and on preparing the necessary entries in my
notarial register.
·
Special
factors which might result in an increase in the charge include:
·
Complexity
or novelty.
·
The
number and importance of the documents.
·
If
the work has to be done away from this office.
·
Special
urgency which may require me to drop other work to deal with yours or if the
work unavoidably has to be dealt with outside office hours.
·
Payment: My
notarial charges are normally payable upon signature of the document requiring
notarisation and I reserve the right to retain any completed document until
payment has been received.
15.
AND FINALLY:
·
When
I carry out my work for you, I am required to make an entry in a formal
register which is kept by me as a permanent record. I may have to retain a copy of the notarised
documentation with that record. I can be
required to deal with queries from, eg, foreign lawyers, Land Registries or Embassies
to confirm the fact that you saw me and the nature of the identity evidence
which you provided, and the details of the document which I notarised. My signature and seal are registered at the
Foreign and Commonwealth Office and many of the major Embassies.
·
A
Notary Public in England has many of the same responsibilities as Notaires and
Notaries in European countries. It is a
very historical appointment, based on Ecclesiastical Law. Indeed, my Certificate of Appointment is
signed by the Archbishop of Canterbury!
Anyone who has dealings with a Notary Public in the USA may be surprised
at the different formalities and cost over here! The role and responsibility of the Notary
Public in the States is very different and amounts rather more to
rubber-stamping, or as one critic rather unkindly put it: “Acting as a performing seal!”.
I hope that these notes are of help to you in
understanding what is expected of each of us.
Christopher Byrne, Solicitor and Notary Public.