CHRIS ATKINSON - Notary Leeds

OUTLINE: These notes are not exhaustive but a preliminary guideline only.

They interrelate with my accompanying web page "Terms". I suggest that you print this page, and read it at your leisure

1. MY FEES: My present hourly rate is £210.00. My present minimum fee for a brief matter is £70.00. I reserve the right to vary the rate, particularly in respect of extremely urgent and/or onerous or unusual matters.

2. V.A.T: I am not registered (as a Notary Public) for VAT.

3. DISBURSEMENTS: Additionally the client is responsible for all disbursements, including such of the following as are applicable: (1) legalisation fees payable to the Foreign & Commonwealth Office and/or Embassies etc; (2) translators'/interpreters' fees; (3) Companies Registry fees; (4) Agents; (5) travelling expenses where applicable; (6) couriers' and/or other transmission costs.

4. PAYMENT: Notarial charges are normally payable upon signature/release of the notarised documentation, although subsequent work may remain to complete the matter. Please note that I do not accept any credit card or debit card payment. I can accept cash payment, or payment by cheque backed with a guarantee card. If you have negotiated a regular invoice account with me, I will issue my invoice to you with the completed documentation, for payment within seven days.

5. SPECIAL FACTORS may affect fee rate e.g. (1) complexity, difficulty or novelty; (2) skill, labour, specialised knowledge and responsibility; (3) time; (4) number and importance of documents prepared or perused; (5) place and circumstances in which the business or any part is done; (6) value of money or property involved; (7) importance of the matter to the client; (8) urgency, disruption, dislocation/re-arrangement of other work; (9) work unavoidably undertaken out-of-office hours.

6. PLACE OF ATTENDANCE: Your personal attendance at my office is usually essential where my own photocopying and experienced secretarial facilities are available as required. In exceptional cases justifying attendance at your own address - e.g. in the event of incapacitation - special arrangements can be made but this inevitably increases time and expense.

7. TIME CHARGE: this applies to all work undertaken from start to finish including preliminary details and advice, preparation, attendances, drafting, phone calls, correspondence, fax, legalisation and terminal work including the Notarial Register and Protocol.

9. PREPARATION includes:

9.1 the consideration and/or drafting and/or engrossment of documents before, during or after interviews;

9.2 checking and dealing with (a) any instructions accompanying the documents; (b) missing data; (c) vital accuracy of names/addresses and any variations; (d) any special requirements/formalities of the foreign country;

9.3 obtaining all requisite verifications.

10. URGENCY: Urgency and/or expense must not override essential accuracy and validity.

11. YOUR OWN PROFESSIONAL ADVISERS:

11.1 Have you taken advice about this matter from your own (a) English lawyer(s) and/or (b) relevant foreign lawyer(s), and/or (c) other competent professional advisers, here or there?

11.2 Are you taking the potentially huge risk of relying on documents prepared by another party or its adviser(s), without yourself taking independent legal or other competent professional advice?

11.3 Do you want/expect/hope that the Notary Public will do this for you? You may find that a preliminary meeting with me would be cheap at the price and help to clarify your way forward.

11.4 Are you trying to save time and/or cost by attempting to cut corners? DIY can be a costly recipe for disaster.

12. STANDARDS: Individual notaries do not write the Rules but have to follow internationally recognised and acceptable procedures. Also, professional requirements in the U.K. have become more stringent and onerous through progressive assimilation with European notarial standards, and global developments affecting notarial practice.

13. STRINGENT RESPONSIBILITIES: Thus, whether you or your agents or other parties wish it or not, the Notary Public as an independent scrutineer has to insist on satisfactory compliance with and/or reliable proof of all appropriate matters, e.g. relating to (1) your identity, (2) your legal capacity/authority, (3) your comprehension and approval, (4) interpretation/translation, (5) documentary objective, (6) form and substance, (7) voluntary act/undue influence etc. (8) alterations in the document, (9) due signature(s), (10) witnessing, (11) observance of other stipulated formalities at home and abroad, (12) Foreign & Commonwealth Office and/or Consular legalisation.

14. RECIPIENT's REQUIREMENTS: If the foreign country/authority/ party with whom you are dealing stipulates that documents are to be notarised, then they will not settle for less. So it is pointless to try to take short cuts - which WON'T be acceptable.

15. RISKS OF REJECTION: If we do not do things by the book, unsatisfactory documents are likely to be rejected by the recipient country/authority and come back to you to start all over again, at greater expense/loss of time to you, and the risk of your missing a vital deadline/contract etc.

16. FOREIGN & COMMONWEALTH OFFICE AND/OR CONSULAR LEGALISATION: Most countries require notarised documents to receive further certification (usually termed "an Apostille") by the Foreign & Commonwealth Office; and/or legalisation by the relevant High Commission/Embassy/Consulate. Usually I arrange this by post; but clients may if they prefer deal with it themselves in person or by courier - especially if the matter is extremely urgent.

17. REGISTER & PROTOCOL: At the closing of the transaction, a formal register entry has to be made by the Notary Public as a permanent record; and a protocol copy set of the notarised documentation is customarily kept. Frequently, these days, a fully executed set of duplicate originals is required, or advisable, to be retained by the Notary Public. In some instances, the Notary may retain the original and issue a certified copy.