Victor Julian Warner
Notary Public
49 Moor Mead Road, St Margarets, TW1 1JS
Telephone: 020 8892 0092 Mobile: 07930 405 336 Facsimile: 020 8892 0092
Email: vwarner@andnotary.eu Web site: www.andnotary.eu
This leaflet answers some of the frequent queries clients have. Also there are more details concerning information provided in the Information about my services as a notary public leaflet.
Examples of activities charged for
Types of activities I normally charge for
The following are the type of activities I charge for:
1. the initial discussion with a client regarding what they need to have done;
2. correspondence (emails, facsimiles and letters) and telephone calls to and from the client;
3. correspondence (emails, facsimiles and letters) or telephone calls to and from third parties to clarify matters or establish what is required to be done;
4. checking the identity of a client, and making copies of identification documents;
5. briefly checking that the document is completed properly (as far as this possible), and where required, drafting, altering or adding to documents provided by the client or preparing a new document;
6. checking with the client that they understand the document they are to sign;
7. seeing the client sign the document, and where necessary adding my own signature or other wording as required;
8. where required, preparing an accompanying document (“certificate”) to the document that has been signed or copied;
9. binding and sealing documents (documents will need to be riveted together, sown with tape and then a seal is impressed);
10. where required, sending the document to the Foreign and Commonwealth Office for legalisation (and/or to a country’s consulate, embassy, etc);
11. making a record of the activity carried out for the client in my register.
Other matters which may be charged for include: travelling time to visit a client; verifying facts with third parties.
The following items, when required, will also be charged for:
1 legalisation fees charged by the Foreign and Commonwealth Office (FCO), foreign embassies or consulates.
The charge for legalisation (an Apostille) by the FCO is (currently) £27 per document for their normal service (£67 for the FCO’s “premium service”). Charges made by embassies or consulates vary, but can often be more;
2 courier charges;
3 Royal Mail registered, recorded mail, special delivery post services;
4 fees of translators or interpreters;
5 fees of agents or other persons required to deal with particular aspects of a client’s matter. For example, where a client requires same or next day legalisation the services of an agent to take, obtain legalisation and return the document will be needed.
I do not normally charge for ordinary postage or for making a few photocopies.
Checking the client’s identity
I must always check the identity of every client I see. There are no exceptions to this requirement.
If a client arrives without identification it may not be possible to get a document notarised. It will not also be possible to notarise a document if the client does not have all the required identification or it is not in the correct form.
I have to make, and keep copies, of all identification documents.
Each person signing will be required to be identified. For example, if two people are signing a power of attorney, it is not enough that one is identified and the other is not, or not all the identification documents are present for the second person.
In some cases, identification can require that I check identity documents, certificates etc with the originators of those documents.
How I check a client’s identity
I normally check a client’s identity in the following way:
Two forms of identification are normally required
1 First form of identification
(a) current, valid passport; or
(b) a current, valid photo driving licence together with the paper part of the driving licence.
2 Second form of identification
(a) a recent utility bill which has the first name (i.e. not just initial), second name and home address of the client; or
(b) a recent bank account or credit card statement which has the first name (i.e. not just initial), second name and home address of the client.
“Recent” normally means that the document does not have date older than three months.
In certain (limited) circumstances additional identity checking may be necessary.
If a client is unable to comply with the identification requirement, I should be contacted before the client keeps the appointment.
(which are formed under, or regulated by, the Companies Act 1985. These will normally be private limited companies, public limited companies, companies limited by guarantee, limited liability partnerships)
Identification usually is as follows:
1 at a minimum I will carry out a check with the Registrar of Companies. This will usually involve obtaining all relevant online information available for purchase—such as current appointments records (showing who the directors and company secretary are, annual returns, memorandum and articles of association, etc;
2 unless the document is routine or of limited value, I will need also to check certain records of the company, including the minute book and the company registers (articles and memorandum of association, register of directors, company secretaries, shareholding etc);
This level of checking will usually be always required where I am asked to witness and/or notarise the signing of a power of attorney, contract or some other such document. The more important or “formal” the document is the more checking I will need to do. For example, where a power of attorney is involved I will normally always expect to see a board resolution authorising the person(s) who will be signing the power of attorney.
3 in some case it may be necessary to get a Certificate of Good Standing from the Registrar of Companies. Normally obtaining a Certificate of Good Standing takes approximately 3 to 7 working days and is sent by the Registrar by post (current cost £15). It is possible to obtaining this certificate same days or next day, but at a substantial premium (£50 plus £3 for the certificate to be sent by facsimile as well).
4 In addition, for each company official (such as a director or company secretary) I will need also to carry identify them as well in the same as for individuals (see previous heading above).
Sometimes there are problems with checking a client's identity, particularly where the client:
• changes their name (such as on marriage);
• uses different spellings of their name;
• changes or uses different sequences of their names;
• uses different names for different purposes (such as one name for their professional or work activities and another for their private life);
• use different signatures.
If any these situations apply, the client should bring other relevant documents (originals, not photocopies) which are evidence of these events occurring or documents such changes, variations etc. Such documents include: birth, marriage, divorce certificates, deed poll or statutory declarations made on a change of name etc. In some cases I may need to check such documents with the organisations producing them.
When can I refuse or (no longer) act for a client
I may not be able to handle (or continue to handle matter) a client’s matter:
• if the information I require is not provided;
• if the identification I have requested is not provided;
• where I am not allowed to, for example,
• carry out such checks;
• obtain such information or third party confirmation;
as I consider necessary to deal properly with the matter;
• where the matter involves or might involve fraud or violence;
• payment is not made.
My role as a notary is limited to no more than (some or all of) the following tasks:
• checking, as far as it is possible to do so, that the client is who they say they are;
• checking that the client has the authority and capacity to sign the document;
• authenticating the documents that a client brings;
• in appropriate cases, verifying some or all of the facts stated in the documents;
• asking whether the client understands the contents of the documents (especially if it is not in English);
• asking whether the client understands the consequences of, eg signing the document they have brought to be notarised;
• discussing the formalities to make the document legally effective (as far as it possible to do so) for use in the country of destination. This is usually limited to adding or changing a small amount of wording and/or how and who should sign the document;
• seeing the client sign the documents.
What I will not be doing when I notarise a document
I will not be advising, or discussing with, the client
• the legal or other effects of the document(s);
• the underlying transaction or event to which the documents relates;
• the legal or any other issues concerning the transaction or any other matter or event
For any of these, the client will need to contact the lawyer or other professional adviser who provided the document which requires notarisation.
As a notary I required to be independent. This means that I have duty to act not only in the interests of the client. My duty extends to everyone who will rely on the document brought to be me for notarisation. Therefore if I am not satisfied as to the identity of the client, or whether the document is complete or effective, or that the client understands the document, or that facts which verification have been verified then I will not be able to deal with the document.
Record keeping and confidentiality
I am required to keep a formal record in a register (and in a separate file) of every matter I am asked to act as a notary. The record will contain:
• the client’s personal details (name, address, date of birth, etc);
• copies of the documents provided to me (such as identification documents etc);
• copies of the documents brought to me to be signed, etc; and
• copies of documents I have created/drafted.
Everyone who has a legitimate interest. This can include
• the client;
• officers of the body which regulate notaries (the Faculty Office— http://www.facultyoffice.org.uk/Notaries1.html);
• certain officials of the state (such as police officers, officers from Her Majesty’s Revenue and Customs); and
• certain third parties (such as persons who rely on the document).
For example, a client is buying a property in another country. The client is asking someone (such as a lawyer) in that country to deal with all the matters necessary to buy the property and complete registration and deal with other steps. To do so the client signs a power of attorney which I would notarise. If there is a problem with the transaction, then any person who has relied on the power of attorney in this example, could in some circumstances obtain access to my records relating to the client. Or, to give another example, if the client is purchasing a property and is using money obtained from a criminal enterprise, the police (or other state officials) could obtain access to my records relating to the client.
There is no limit on the time notarial records are kept.
When I cease to practise as a notary, my records are then passed to another notary or to the regulatory body for notaries (the Faculty Office).
A notary is a public official. As indicated above, my records can be inspected by other persons with a legitimate interest in them. Also, anything a client says to me in carrying out my notarial activities would not be subject to the protection of legal professional privilege.
Checking facts with third parties
For some matters I will be asked to state that a certain fact is true or the client holds a particular status. If I am required to do this I will normally need to check with the person or organisation who can confirm the fact about, or the status held, by the client.
In many cases I will need the co-operation of the client to carry out this task (such as signing a letter of authorisation). For example, if I am being asked to confirm that a client has a degree from a university in the United Kingdom, then I would need to check with that university whether this is true, and preferably receive confirmation in writing. If the client does not wish me to do this, then
• I may not carry on any further with the matter; or
• I will have to state I have not been able to verify with the organisation issuing the certificate that it is genuine. In this case, the document may be less valuable as a result or may not meet the requirements of the receiving person or organisation.
Making copies of original documents
A common request of a notary is to be asked to make a copy of a document and state that the copy is a true copy of the original. For some notaries there is a problem with such a request. The problem originates from what a notary is considered to be doing when they are a making a copy of a document. Some notaries believe that in stating that a copy of a document is a true copy of the original the notary is also stating (or a third party is assuming) that the original document is a valid or genuine or an authentic document.
If this is so, then a notary is normally required to check with the issuer of the document which is copied that it is valid, genuine or authentic and has been issued to the person named in it.
What I do when asked to copy a document
Because of the assumptions made by third parties, and also because of the heightened concerns regarding the use of copied documents in furthering crime and in money laundering, my policy in respect of requests to copy documents is as follows:
If all that a client is asking for is a copy of a document to be notarised then I will not do this unless:
• the client allows me to check with the issuer of the original document;
Checking with the issuer can take time (sometimes from a day to several days or more). It such be noted, some organisations are not used to dealing with such requests (or those which operate a “call-centre” type of operation, which may mean it can take some time to locate the right person, or for written correspondence to be dealt with).
• the making of the copy is required for a related transaction.
For example, for persons buying property in Spain, in addition to a power of attorney, the client is also required to provide a notarised copy of part of their passport.
In particular I do not make copies of some or all of the pages of a UK passport as a stand alone activity. I will only, generally, notarise a copy of a passport where a client is undertaking a transaction where it can be clearly demonstrated that a notarised copy of some or all of the passport is required.
Documents which cannot be copied
For certain types of documents it is not permitted by law to copy them. Such documents include birth, marriage and death certificates. Where a “copy” of such a document is required, it is possible to obtain an “official” copy (normally the local authority where the birth, marriage or death took place). This normally takes a few days. In such cases it is essential that the document is signed by an appropriate individual at the issuing organisation. For the 3 types of certificates mentioned, the cost is currently £7 per a document.
Legalisation is the process where my signature and seal are verified as being genuine.
Legalisation does not mean that the contents or legal effectiveness of the document have been checked, authorised or approved by the British or any other government or authority who is carrying out the legalisation.
Who does legalisation in England and Wales?
The Foreign and Commonwealth Office and/or a country’s consulate/embassy.
When is legalisation is required?
For most documents going to most countries legalisation is required. The countries which do not require legalisation are mainly commonwealth countries (but not all) and most states in the United States of America.
There are also categories of documents going to countries which normally do not require legalisation.
How can you determine whether legalisation is required at all and who carries out it?
There are essentially 3 categories:
• Only by the FCO. Many countries have implemented an international convention (called the Hague convention). For these countries, legalisation is carried out only by the Foreign and Commonwealth Office. This is also often called “obtaining an apostille”. For example, most European countries and a number of Latin-American countries have implemented the convention. A list of countries which are members of the Hague Convention is given below.
There are a few countries were they have implemented the convention, but still require in addition to legalisation by the FCO, legalisation by their consulate/embassy. India is the most noticeable example of this requirement.
• Legalisation is not required at all. Most commonwealth countries and many states in the United States do not require legalisation at all. Although some commonwealth countries have implemented the Hague convention they still do not require any form of legalisation.
• By the countries embassy/consulate. Countries which are not in the above 2 countries generally require legalisation at their embassy or consulate. The procedure is generally that legalisation is first carried out at the FCO and then legalisation at the embassy/consulate of the country involved. However, there are many variations. For example for several Arab countries, a particular chamber of commerce also needs to stamp the document.
A list of countries which have implemented the Hague Convention is given below (and those countries which do not require any form of legalisation).
Legalisation by the Foreign and Commonwealth Office
Who can obtain legalisation from the FCO
Anyone who has possession of the document can send or take the document to the FCO. This means that the client, or someone acting on their behalf, can obtain it. I do not have do this task. However, in some cases it can be more convenient for me to do it.
What does legalisation by the FCO involve?
The FCO stick a certificate (called an Apostille) on the notarised document. The Apostille certifies the authenticity of my signature, the capacity in which I acted (ie a notary) and the identity of my seal or stamp placed on the documents.
How can an Apostille be obtained
There are two methods: post or in person.
How long does it take to obtain Apostille?
There are ways to obtain an
Post: The FCO (currently) state that they will deal with a document within 10 working days. In practice a period between 10 to 15 working days has been normal. The FCO states on their Legalisation web page the date they have reached in opening post.
Details on how to obtain an apostille by post can be found at: http://www.fco.gov.uk/en/about-the-fco/what-we-do/docs-and-legal-services/legalisation/by-post
In person: It is possible to get an Apostille by going to the FCO’s office in Milton Keynes (the address is given below). But the person going will have to wait at the FCO while the FCO deals with the document. Also for the document to be dealt with on the same day, the person attending will need arrive at the FCO by 3.30 pm. The FCO no longer has a London office for individuals to get an Apostille.
It can take between 1 to 3 hours to obtain an Apostille. It is unlikely that it will ever take less than 1 hour (plus the travel time to and from Milton Keynes). The FCO has moved their “ordinary” legalisation office to Milton Keynes from 7 August 2008.
Through the use of an agent. I can obtain an Apostille for a client. I do this through the use of an agent. The agent picks up the document from me, takes the document to the FCO in person and obtains the Apostille, and then returns the document to me (or sends or takes it to another destination). There are 2 level services available by this method:
• Normal: This takes 3 to 4 working days. day one: agent picks up the document from me; day two: the agent takes it to the FCO in Milton Keynes; day three: the agent picks it up from the FCO and returns it to me (or on the fourth working day).
• Next working day: day one: the agent picks up the document from me; day two: the agent takes it to the FCO’s office in London where a “premium” service is available for business customers, and then returns it to me. The agent waits for the FCO to deal with the document (usually within 90 minutes).
• Same working day. the agent picks up the document from me, and takes directly to the FCO’s office in London where a “premium” service is available for business customers, and then returns it to me. The agent waits for the FCO to deal with the document (usually within 90 minutes).
At 9.30 am (Mondays to Fridays). It does not open on weekends or on bank or other public holidays.
How much does it cost to get an apostille
In person: £27 fee per document charged by the FCO.
By post: £27 fee per document charged by the FCO plus £6 Royal Mail Special Delivery charge the FCO require.
By use of an agent: Normal service: £27 fee per document charged by the FCO plus £26.75 charged by my agent. There is an additional fee of £15 for each additional document (up to £50). Next day and same day service: £67 fee per document charged by the FCO (for their premium service) and my agent will charge a considerable premium to provide the service.
My charge. If I am asked to arrange obtaining the apostille, I will charge £12 to do so.
The Legalisation Office
Norfolk House (West)
437 Silbury Boulevard
Milton Keynes
MK9 2AH
Nearest railway station is Milton Keynes.
http://www.fco.gov.uk/en/about-the-fco/what-we-do/docs-and-legal-services/
Other points about legalisation
Countries where the Hague convention applies (and legalisation is only carried out by the FCO)
The following list of countries require legalisation only by the FCO because the Hague convention is in force in these countries.
Albania
Andorra
Antigua and Barbuda*
Argentina
Armenia
Australia*
Austria
Azerbaijan
Bahamas*
Barbados*
Belarus
Belgium
Belize
Bosnia and Herzegovina
Botswana*
Brunei Darussalam*
Bulgaria
[China, People's Republic of]Hong Kong
Colombia
Cook Islands
Croatia
Cyprus
Czech Republic
Denmark
Dominica
Ecuador
El Salvador
Estonia
Fiji
Finland
France
Georgia
Germany
Greece
Grenada*
Honduras
Hungary
Iceland
India$
Ireland
Israel
Italy
Japan
Kazakhstan
Korea, Republic of
Latvia
Lesotho*
Liberia
Liechtenstein
Lithuania
Luxembourg
Malawi
Malta
Marshall Islands
Mauritius
Mexico
Moldova, Republic of
Monaco
Montenegro
Namibia*
Netherlands
New Zealand*
Niue
Norway
Panama
Poland
Portugal
Romania
Russian Federation
Saint Lucia*
Saint Vincent and the Grenadines
Saint Kitts and Nevis*
Samoa*
San Marino
Serbia
Seychelles*
Slovakia
Slovenia
South Africa*
Spain
Suriname
Swaziland*
Sweden
Switzerland
The former Yugoslav Republic of Macedonia
Tonga*
Trinidad and Tobago*
Turkey$
Ukraine
United States of America$
United Kingdom of Great Britain and Northern Ireland
Venezuela
Notes:
Countries with a “*” do not require legalisation of documents notarised by an English notary
Countries with a “$” are subject to variations as detailed below:
1. India: Although only a legalisation by the FCO is required, unless a document also is legalised by the Indian High Commission then the document is unlikely to be accepted in India.
2. United States of America: Only a few states normally require (or it is advisable to obtain) an Apostille: California, District of Columbia, Iowa, Kansas, Maryland, New Jersey, New York, Pennsylvania, Rhode Island, Washington, West Virginia, Wisconsin
3. Turkey. For some mercantile and shipping documents, the documents need to go first to the Turkey-British Chamber of Commerce and then to the Turkish Consulate.
For many other countries (ie those not in the above list) a notarised document will need to first go to the FCO and then to the countries embassy or consulate. For some countries (particularly some Arab countries) the document may need to go also to a local or other chamber of commerce first.
Countries where legalisation is not normally required at all
Anguilla
Antigua and Barbuda
Australia
Bahamas
Barbados
Bermuda
Botswana
Canada
Cayman Islands
Channel Islands
Dominica
Falkland Islands
Fiji
Ghana (except for some mercantile documents)
Gibraltar
Grenada
Guyana
Ireland
Jamaica
Kenya
Lesotho
Madagascar
Malawi
Man, Isle of
Montserrat
Namibia
New Zealand
Nigeria
Papua New Guinea
Pitcairn Island
Saint Vincent and the Grenadines
Saint Lucia
Saint Kitts and Nevis
Saint Helena
Saint Kitts and Nevis
Samoa
Seychelles
Sierra Leone
Singapore (except for some mercantile documents)
Solomon Islands
South Africa
Sri Lanka
Swaziland
Swaziland
Tanzania
The Gambia
Tonga
Trinidad & Tobago
Turks & Caicos Islands
Tuvalu
Uganda
Vanatu
Zambia
Zimbabwe
How long does it take to obtain legalisation other than the FCO
For most countries, legalisation can take at least 2 working days and usually 3 to 5 working days, but will depend on the country involved.
The correct legal position is that for documents going to India only an apostille is required. In practice this is still not what happens. Most notaries find that the requirement for legalisation is dealt with in a number of ways:
1. not being required at all;
2. only being carried out by the Indian High Commission;
3. obtaining legalisation by the FCO and the Indian High Commission.
Which one is required is often dependant on where in India the document will be going. Most notaries suggest that the only prudent course to avoid problems is to follow the third way, obtain legalisation by both the FCO and the Indian High Commission.