Terms of Business Notarial

This agreement relates only to work carried out for you as a Notary Public. In respect of all other work please see our separate, main Terms of Business.

  1. BASIS OF THE RETAINER: "I"(Peter R Avis, Notary Public), "We" Avis Cutmore, contract only on the basis of these conditions.

  2. FEES AND DISBURSEMENTS: I charge fees based on the time taken for the whole matter (including making the appointment, travelling or waiting time and the time to make the record) at the rate of £203 per hour plus VAT. I also charge out of pocket expenses, for example, fees payable to the Foreign Office, Foreign Embassies or agents dealing with the legalisation of documents or postage or courier charges. My bill must be paid on presentation and documents will not be released until it has been paid.

  3. CLIENT’S MONEY: If I am asked to hold client’s money I will do so in accordance with the relevant Notaries’ Practice and Accounts Rules paying interest when required to do so by the Rules. To comply with my obligations under the Criminal Justice Act 1993, the Proceeds of Crime Act 2002 and the Money Laundering Regulations 1993, 2001 and 2003 I reserve the right to ask for evidence of the source of any funds provided to me or involved in the transaction.

  4. VERIFICATION OF FACTS: Part of the Notary’s role is to check the facts in the documents he notarises for his clients and this sometimes involved obtaining evidence or proof from sources independent of the client. In this I need the client’s full co-operation. If I have to add disclaimers to the document to make it clear that there are facts I have not been able to verify the document may become useless or of less benefit to the client and I will not accept liability if this is this if the case.

  5. CONFIDENTIALITY: I aim to give a high quality efficient service. I may need to demonstrate our maintenance of standards to professional bodies and authorities and to other organisations. It is agreed between us that I have your authority to produce your file and other documents and to give information as an exception to my obligations as to confidentiality. Moreover, the Terrorism Act 2000, Proceeds of Crime Act 2002 and Money Laundering Regulations may require me to report matters to the appropriate authorities as an exception to the normal rules of client confidentiality.

  6. COMPANIES AND FIRMS: It is agreed between us that where a person or persons instructs us on behalf of a company, partnership or firm, then that person or persons agrees to personally guarantee our fees, disbursements and VAT.

  7. CEASING TO ACT: In some circumstances, I may consider that I ought to stop acting for the client, for example, if the client cannot give clear or proper instructions on how I am to proceed, I may decide to stop acting only with good reason, for example, if the matter on which I am instructed involves fraud or violence, or if the client does not pay a bill.

  8. IMPORTANT – LIMITATION OF LIABILITY IT IS HEREBY AGREED AND CONFIRMED that the liability hereunder (whether vicarious or direct) of me, Peter Avis, Notary Public and/or the firm AVIS CUTMORE and/or their successors for any loss or damage howsoever such liability shall arise (including but not limited to liability arising by reason of negligence or breach of statutory duty) shall be: Limited to the sum of Five Million Pounds Sterling (£5,000,000)

  9. Complaints: We aim to offer each of our clients an efficient and effective service and we are confident that we will do so in your case. However, should there be any aspect of our service with which you are unhappy, please do immediately raise the matter with Mr Peter R Avis in the first instance. If we are unable to resolve the difficulty between us then it may be referred to the Secretary, The Notaries' Society, 23 New Street, Woodbridge, Suffolk IP12 1 DN.

  10. Advice: Unless otherwise specifically agreed our involvement is limited to notarising the documents signed by you and no advice has or will be given as to the legal effect or appropriateness of the documentation.

  11. Your documents and data: A true copy of your notarised document is normally retained in our Notarial Protocol, but our working papers and notes relating to your specific matter will be retained by us for a limited period of six years only, after which time the papers will be confidentially destroyed.

  12. Distance Selling Regulations 2000: We will only start acting for you when we receive a copy of this agreement signed by you. It is agreed that you give us your permission to start work on your behalf immediately and agree that by so doing you lose the right to cancel that would otherwise apply. It is agreed and understood that conveyancing and other work which we may be instructed to carry out on your behalf will not necessarily be completed within the 30 day period referred to in these regulations.

  13. Two or more clients: It is agreed that where we act for two or more clients we may (unless written instructions are given to the contrary) accept instructions from one of you on behalf of all of you.

This Agreement supersedes any previous agreement between the parties and is made between you the client(s) who have signed below and us Avis Cutmore, and/or its Partners/Directors for the time being and/or their successor and until otherwise agreed, shall apply to any future instructions given by you the client(s) to Avis Cutmore.