CHRISTOPHER HUGH PATRICK ATKINSON
NOTARY PUBLIC
Joseph’s Well
Park Lane
Leeds
West Yorkshire
LS3 1AB
T 0113
380 4862
E
christopher.atkinson1@virgin.net
M 0771
560 8747
H 01756
710 237
GENERAL NOTES FOR GUIDANCE
re:
NOTARIAL APPOINTMENTS
PRELIMINARY
GUIDANCE: These notes are
not exhaustive but
are preliminary guidelines only, to save time and
expense both for you and me.
They interrelate with my accompanying page "Fees". I suggest that you print this page, and read it at your leisure
1. NOT A MERE
RUBBER STAMPING EXERCISE:
The international duty of a Notary Public involves a high standard of care, not only
towards you as the client but particularly to the transaction itself, as well
as towards other parties, and governments or officials of other countries. This
is because they are intended, and are entitled (1) to assume that a Notary Public will
ensure due compliance with the relevant requirements at home and abroad,
whether or not specifically requested to do so, and (2) to rely on the Notary Public's
register and records thereof. Vigilance is essential at every stage to minimise
the risks of errors, omissions, alterations, fraud, forgery, impersonation,
money-laundering, etc.
2. SIGNATURE/SEALING: Your signature/sealing
should normally be witnessed by the
Notary Public - do not jump the gun by signing the document in advance of your
appointment with the Notary Public.
3. DOCUMENTATION
TO BE SENT TO ME IN ADVANCE:
It can save time, expense and mistakes, if you/your advisers arrange for me to
receive, sufficiently before the appointment date/time, the originals/exact
photocopies of:
3.1 the
documents to be notarised;
3.2 any
covering correspondence of forms of instructions from the destination country;
3.3 your
identification evidence (see 5 below).
4. DOCUMENTATION
TO BE PREPARED: We may need more
than one appointment to finalise the matter, particularly if it is necessary
for me to prepare all or some of the documentation.
5.
IDENTIFICATION: Please produce by way of formal identification (a) at
the outset and (b) again, essentially, when you attend to sign the
documentation two documents being one from each list below
LIST A:
·
Your current passport;
·
Your current driving
licence, security pass, or other formal means of identification;
·
Any other means of
ID particularly specified in the documentation;
·
If the above do not
incorporate a good photographic likeness, provide me with a spare print of a satisfactory recent photograph for
retention on my records.
·
Occasionally, it may
suffice for you to be personally accompanied and identified to me by someone
reliable who is well known both to you and to me.
·
Invoice addressed to
your home for gas electricity or water dated within the past three months
·
Receipted Council
Tax Bill addressed to your home
·
Bank Statement
addressed to your home
·
Telephone bill
addressed to your home for a landline (not mobile phone)
6. PROOF OF
NAMES: You should also produce
relevant certificates re your names (especially where there have been name
changes or variations of the spelling or the sequence of your names) e.g.
certificates of birth, baptism, marriage, divorce, examinations,
qualifications; and any deed poll or statutory declaration made on change of
name.
7. FALSIFICATION
and CRIME ETC: Notaries need to
guard against the increasing trend of (1) impersonation; (2) falsification of
documents/certificates/qualifications/ photographs/signatures; (3) Appearers
acting (innocently or otherwise) without due authority etc. Notaries are
required by UK legislation intended to counter money laundering activities and
the use of money that is the proceeds of crime. The Notary is therefore
required to raise all such enquiries as may seem to him appropriate as to your
general financial background and the intended source of any funds to be used in
the transaction. It is emphasised that changes made late in the day could
affect the ability of the Notary to proceed.
8. NOTARIAL INDEPENDENCE is paramount, in the interests of all concerned. The
Notary's duty extends to (1) yourself as the client, (2) any other party, (3)
each intended recipient, and (4) all to whom the notarised documentation may
come; with (5) an overriding duty "to the transaction" itself.
9. CHAIN OF
EVIDENCE: Notarisation is
part of the international law/chain of evidence and must be scrupulously
undertaken and reliable - in your own interests and the recipient's.
10. EXAMINING
THE EVIDENCE: Careful examination
by the Notary is required to check whether the evidence produced is original,
genuine, valid, complete, accurate, and unaltered; such as (1) the
document(s)/certificate(s) to be notarised; (2) the personal I.D. evidence of
each Appearer.
11. INCOMPLETE/INEFFECTIVE
DOCUMENTS: The Notary has to
check that each document to be notarised is fully and duly completed.
Unfortunately, many documents produced as ready for signature are inadvertently
defective/incomplete/ inadequate. This occurs even when they have been prepared
by professional advisers/agents, who are possibly in too much haste or (not
surprisingly) not quite au fait with current notarial practice, procedure and
developments.
12. WRITTEN
TRANSLATION: (1) In relevant
cases, official translations may be required before and/or after execution of
the documentation. (2) I am not a multi-linguist but can usually arrange/advise
as to professional translators. (3) Foreign documents (including covering
correspondence and instructions) should be translated into English before execution of the documentation.
(4) English texts may need to be [re-]translated - here or abroad - into the
foreign language after execution. (5) As a general rule, it is unsafe to rely on
informal or amateur or "specimen" translations. (6) Professional
translators should include their names, address, relevant qualifications and/or
experience and should incorporate their own certificate, signed and dated, to
the effect that document B is a true and complete translation of document A the original
[or a true copy] of which is annexed
[t]hereto. Failing this, the reliability of the translation is
unproven, it may be suspect or even lethal, and it may be rejected. (7)
Translations may need to be declared or sworn by the maker in proper form, according
to circumstances. (8) As your fate or fortune may depend on such elementary
safeguards, it is better to be safe than sorry!
13. ORAL
INTERPRETER: Similarly,
arrangements may have to be made for a competent professional interpreter to be
available at interviews.
14. SEPARATE
ENTITIES: In the case of an
entity such as a company, partnership, society, club, etc, notarial
requirements should preferably be discussed across the desk with me personally
at a preliminary meeting.
14.1 Verification
is required as to the current
authority for its representative(s) to sign/seal on its behalf - including
proof of (a) its original formation, (b) its current continuing existence, (c)
its present powers and regulations for undertaking this type of transaction, (d) its actual authorisation of this specific transaction, (e) which office
holders are authorised to sign etc; (f) proof of the valid appointment of the
present holders of such office(s) etc.
14.2 Sometimes
notarial attendance may be required at a meeting of a Company etc. Such
meetings may be arranged whether at my address or at the client's office or
elsewhere as the case may be, depending on circumstances.
15. RESPONSIBILITY: Subject to the foregoing general guidelines, my
responsibility is limited to the notarial formalities and appropriate
incidentals, unless specifically instructed to draft or advise re
documentation, with adequate time/details.