Notarial Services

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 simply a rubber-stamping exercise.

Authorities in foreign jurisdictions often require a Notary (as opposed to a solicitor) to verify the authenticity of a document and/or someone’s identity.  Some countries also require the signature of the Notary to be “legalised”, by a certificate (an “apostille”) of the Foreign, Commonwealth & Development Office (“FCDO”) and may also require their Consulate to add their own certificate to the document.

The international duty of a Notary involves a high standard of care. This is 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. Notaries pass strict examinations. Notarisation is therefore not simply a signature, in the way that some documents can be sworn in a few minutes for a small fee in front of a solicitor or other person for use in this country.  Even the simplest job takes the Notary significant background time to ensure full compliance with the relevant requirements both domestically and abroad. 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.

In most cases I can provide a fixed fee and disbursement
quotation in advance of commencing the work.

I charge notarial services as a minimum standard fee of £150.00 plus disbursements, based on the time spent on average to deal with an uncomplicated document (including my post-meeting work), but otherwise I may agree a fee according to the number and complexity of documents involved, or charge my hourly rate of £350.00.   An average fee is £150.00 – £200.00 plus disbursements.  Presently, I do not have to charge VAT.

Some documents require legalisation before they will be accepted for use in the receiving jurisdiction by obtaining an apostille through the FCDO and, for some countries, additional legalisation is required through the relevant embassy or consulate. FCDO fees for apostilles range between £35 and £100 per document (£35 e-Apostille, £40 ‘next day’ service, £45 standard and £100 restricted urgent).  The time taken by the FCDO to process an apostille in the ordinary post can vary between a few days and up to three weeks, so I sometimes recommend employing an agent to obtain the apostille in person and avoid delay.  The cost of this is approximately £24 (incl. VAT).  There will also be the cost of the agent posting or sending the document by courier which can range between £12 and £66 depending on the service used.  The fees charged by foreign consulates vary, as do the additional costs of employing an agent to deal with them.  The FCDO presently charge £5.50 for postage within the UK.

Where I am asked to travel to meet you, I may charge the cost of public transport, taxi or mileage at the rate of 45p per mile as notified and agreed in advance.

Unless I agree otherwise in advance, payment of the fee and disbursements is due when the document has been prepared which may be retained pending payment in full.  This can be by cash, cheque (payable to “Malcolm Gregory Notary Public”), debit or credit card (in person) or by bank transfer.

Occasionally unforeseen or unusual issues arise during the course of the matter which may result in a revision of my fee estimate.  Examples of this could include where additional documents are required to be notarised, translations or additional 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. I will notify you of any changes in the fee estimate as soon as possible.

Each notarial matter is different and the requirements and timescales will vary greatly according to whether the client is a private individual or a company and in particular according to the processing times of third parties such as the FCDO, legalisation agents, translating agencies and couriers, etc.  Some of the typical key stages are likely include: 

• Receiving and reviewing the documents to be notarised together with any instructions you may have received 
• Liaising with your legal advisors 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.

You will be expected to make an appointment. Normal hours of business are 9.00am to 5.30pm Monday to Friday. Appointments outside of this time may be accommodated by special arrangement. Typically, appointments last between 30 minutes and 50 minutes.

Occasionally I may not be able to see you within the timeframe you require, or I may decide that I am not able to act for you in which case I will advise you that this is the case and will provide you with the necessary information to locate an alternative notary.

I have an office at 3 Newbridge Square, Swindon. I am also a solicitor with RWK Goodman LLP and conducts the notarial business from its offices in Bath, Oxford and London. I can arrange meetings elsewhere, although the charge will reflect the time spent.

If you are asking me to certify a copy of a document, I must see the original. If you require me to certify the authenticity of a document’s contents (e.g. academic certificates awarded) I may have to spend additional time doing that. Otherwise, I can only certify that the copy I make is a copy of a document produced to me (and said to be an original).

When you meet me you will need to provide me with the information shown below, as well as identification and proof of residence, as I must keep copies with my records.

Your details:

• Full names and address of appearer.
• Contact telephone number and e-mail address.
• Nature of your requirements.
• Whether apostille or other legalisation actions are required.

Signatures
I will normally have to witness your signature. Please do not sign the document in advance of your appointment with me.

Papers to be sent to me in advance:
It will save time, expense and mistakes if, as long as 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.

Identification:
I will need you to produce by way of formal identification the original of one of the following:

• full national passport (or if not available), a current driving licence (with photo) or a national identity card.

AND one of:

• gas, electricity, telephone bill, mortgage statement, council tax demand, bank/building society/credit card statement (issued within the last three months), young person’s medical card (under 18 only)

You must also bring any other means of ID which may be referred to in the papers sent to you as being required such as a foreign Identity card. I may also ask to see further evidence of identity such as marriage certificates etc and will advise you if this is necessary.

If the documents required relate to a child I will need proof of their identity.

AND for an unquoted company or partnership:

• Companies: Certificate of Incorporation or equivalent, Certificate of Trade or equivalent, Company search, Latest report and audited accounts (I can obtain this information from Companies House in most cases.)
• Partnerships, clubs etc: A Partnership Agreement; or relevant Trust Deed; or Charter; or Constitution/Rules.
• In addition I would need to see:

1. Evidence of the 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. Evidence of your authority to sign the document (a resolution, for example, but please note that there are specific requirements where a power of attorney is involved, as it must comply with the law of England and Wales and be in the form of a deed).

I may be able (or need) to download some information from the Companies House website at additional cost.

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 as appropriate Certificates of Birth, Marriage or Divorce Decree or Change of Name Deed showing all the different names that you use. 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. 

If you bring a document to me for authorisation as a Notary, I will advise you as to the formalities required for completing it.  However, I will not be attempting to advise you about the transaction itself.

It is essential that you understand what you are signing.  If the document is in a foreign language which you do not understand sufficiently, I may have to insist that a translation is obtained. If I arrange for a translation, a further fee will be payable and I will provide you with details of this.

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.”

Oral interpreter

If I am not able to understand each other because of a language difficulty, I may have to make arrangements for a competent interpreter to be available at the interview and this may involve a further fee.