Notary Terms of Business
Notary Name: Lakhvinder Singh Braitch
Instructions
1. You will need to provide me with your clear instructions.
2. You will provide me with a copy of any documents and instructions that have been produced for you before our appointment and will bring the originals to the appointment.
Fees
2.1 I will, wherever possible, provide you with a fixed fee for my work in advance of our appointment.
2.2 Where this is not possible the fees will be calculated by reference to all relevant matters including the time needed to carry out the work, the value and importance of the matter, its complexity and urgency. My minimum fee is £85. If the Statutory Declaration is for England and Wales then the prescribed statutory fee is £5.00, but there is a fee of £25.00 per person for the ID check before I am able to carry out the declaring of the Statutory Declaration and the same is applicable for an Affidavit to be affirmed or declared for use in England/Wales.
2.3 Fees are payable on the day of the appointment once the work has been carried out.
2.4 I reserve the right to retain any documents until I have been paid the full amount of any fees.
2.5 The fees will need to include payment for any preparatory and drafting work, correspondence, meetings and attendances, travel, administration, record keeping and any other relevant matters.
2.6 If your instructions are terminated at any time for any reason fees will be payable for work undertaken up to the finished time of such termination and these will then be charged on an hourly rate unless, where a fixed fee has been quoted, therefore, the fixed fee will be payable whether or not work is undertaken.
Fees further explained
2.7.1 As regards to fees the Notaries Rules require fees should be reasonable in all circumstances of the work they are being asked to do. Notaries charge fees based on the amount of time that is needed to do the work. They may charge more if the work has to be done out of hours, if it requires specialist skills such as translation skills, or involves a matter of unusual complexity or value. The current hourly rate is £190 and no VAT is applicable.
2.7.2 In addition to my own fees as a Notary I may charge out for pocket expenses for legalisation of fees to the Foreign Commonwealth Offices for Embassies fees to translators or advisors on foreign law or the travel and postal expenses.
2.7.3 Estimates – Except in the most routine cases, it is difficult to estimate how many hours of work will be required to complete a matter, bearing in mind the variety of circumstances that may arise. However, guidance as to likely costs will be given, where possible, on request. Any estimates given will be based on the information available at the time and, although given in good faith, will not be binding. Variations in the instructions given, including requests for
additional work or unexpected developments and/or inexperience, incompetence or lack of
co-operation on the part of other parties or their advisers may increase costs.
Notary Invoices
Fees are always due for settlement prior to completion of work and prior to release of
completed documentation. Invoices are delivered where required for work carried out,
expenses incurred and disbursements made during the conduct of a matter. Invoices must
be settled immediately. Any queries concerning an invoice should be raised immediately
upon receipt. In the event of payment not being made as requested, we reserve the right
to decline to act any further on behalf of you and/or to exercise a lien on any papers or
documents of yours which are in our possession, until payment has been made.
For a breakdown my fees are as follows:
Hourly Rate £250.00 no VAT
Telephone Calls Received £25.00 no VAT ( per 6 mins)
Letters Sent £25.00 no VAT ( per 6 mins)
Communications
3. I use email and telephone wherever possible.
3.1 If you provide me with your email address and telephone number you will be deemed
to have consented for this form of contact.
Termination
4.1 You may terminate my retainer at any time.
4.2 I may terminate my retainer or decline to act any further if you do not comply with these
Terms of Business or if a conflict arises that prevents me from acting under the professional rules
that I have to comply with.
5 Quality of Notarial Service
5.1 It is my aim to provide a good service to everyone. If you have cause for dissatisfaction or
complaint you should immediately notify me Lakhvinder Singh Braitch . If you are not
satisfied that I have dealt with your dissatisfaction or complaint, then the matter can be
raised with the Notaries Society.
6. Money laundering compliance
I operate a money laundering reporting procedure as required by law whereby, in the
event of any suspicion of money laundering, information will be revealed to the
appropriate authorities. You will be required to provide satisfactory proof of identity and
full details of the source and proposed destination of funds. Pending this, funds may be
frozen and we will not accept any responsibility for loss or delay caused by the failure by
you to provide such information promptly.
7. Professional indemnity, limitations on liability
7.1 No liability for loss (including, but not limited to, damages, costs and interest) to you
or other parties, whether in contract, tort (including negligence) or otherwise will be
accepted by us in relation to any matter in the absence of specific written agreement to
the contrary referring to this term and signed by Lakhvinder Singh Braitch in excess of the
lower of:
7.2 The sum of £1,000,000
7.3 The amount of Lakhvinder Singh Braitch professional indemnity insurance cover from
time to time. The present cover is for not less than £1,000,000. Specific cover for higher
limits may be obtainable in certain circumstances at your expense.
7.4 The amount of any liability is to be reduced so far as may be appropriate to take
account of the degree of responsibility of any other professional or other advisers whom
you have consulted in relation to the matter as if we had successfully claimed contribution
from them under the Civil Liability (Contribution) Act 1978 taking no regard for any
limitation agreed between you and such advisor, and they had the resources to meet the
same, provided that we shall not be obliged to make or pursue any such claim for
contribution.
7.5 No liability whatsoever will be accepted on the part of us in relation to any loss,
damage or liability whatsoever caused directly or indirectly to any party other than the
person/organisation for whom we have agreed to act in connection with the relevant
matter. No third party shall have any right to enforce any contract by us to provide advice
or services or to rely upon any advice given or opinion expressed by or on behalf of us.
The application of any legislation conferring on third parties contractual or other rights,
including the Contract (Rights of Third Parties Act 1999) shall be excluded insofar as
permitted by law.
7.6 In any event, no liability whatsoever will be accepted on the part of us where such
liability either arises from any instructions or information given by you or by any third
party being incomplete, inaccurate or incorrect; or where such liability is for any indirect,
economic or consequential loss or damage, costs, expenses or other claims for
consequential compensation whatsoever or howsoever caused which arise out of or in
connection with the services provided by us or for loss of profit, loss of business, loss of
data, depletion of goodwill or loss occurring in the normal course of business or otherwise.
7.7 All searches of the Register of Companies carried out by us are effected using the
Registrar of Companies’ on line service. To the extent that the Registrar or other provider
does not accept responsibility for any inaccuracies or omissions arising from use of the on
line service, we accept no responsibility or liability arising from reliance upon the results of
such searches, if they should subsequently be found to be inaccurate or incomplete.
These limitations will apply notwithstanding any express or implied term of business or any
collateral agreement or warranty, whether express or implied.
8. Force majeure
I will not be liable for any loss or damage arising as a direct or indirect result of the
supply of services being prevented, hindered, delayed or rendered uneconomic by reason
of circumstances beyond our control, including but not limited to Act of God, war, riot,
strike, lock out, trade dispute or labour disturbance, accident, breakdown of machinery,
fire, flood, storm or difficulty or increased expense in obtaining information or services of
any description.
9. Confidentiality
I attach great importance to dealing with your affairs in strict confidence. However, the
professional body regulating Notarial practice has rights of inspection to ensure good
practice and conduct.
10. Foreign Law
I do not advise on foreign law but act solely in an evidential, authentication capacity.
11. Rights of third parties
Save as otherwise specifically agreed, I accept no liability for the rights of third parties
resulting from any Notarial act provided.
12. Jurisdiction
I Lakhvinder Singh Braitch practice undertakes all of its notary public services in
Wolverhampton , England. English law shall be the applicable law and the English courts
shall have sole jurisdiction in the case of any dispute. If any provision of these terms is
held by any court or other competent authority to be void or unenforceable in whole or
part, these terms shall continue to be valid as to the other provisions thereof and the
remainder of the affected provision.
13. Notary Public London Complaints
If you have complaints about any element of my Notary Public services please do not hesitate to
contact me immediately. If, despite such referral, the complaint cannot be resolved to your
satisfaction I will pass your complaint to The Notaries Society of which I am a member. The
Notaries Society has a Complaints Procedure which is approved and accepted by the Faculty Office,
who regulate Notary Public
If you prefer, you can complain to The Notaries Society directly. Please direct any such complaint
to:
Christopher Vaughan, Secretary of The Notaries Society, P O Box 7655 Milton Keynes MK11 9NR telephone 01908 803527 Email: secretary@thenotariessociety.org.uk
If despite these steps you consider that your complaint has not been addressed please considered
escalating the complaint by invoking the Notaries Society Approved Complaints Procedure, you
may at the end of that procedure or after a period of eight weeks from the date of making the
complaint to me, make your complaint direct to the Legal Ombudsman (whose contact details are
set out below) if the matter has not been resolved to your satisfaction :
Legal Ombudsman
P O Box 6167
Slough SL1 0EH
Tel : 0300 555 0333
Email : enquiries@legalombudsman.org.uk
Website : www.legalombudsman.org.uk