Terms and Conditions of Business

GENERAL

Notaries are regulated through the Faculty Office of the Archbishop of Canterbury and not the Law Society or the Solicitors Regulation Authority. In engaging Andrew Manning Cox ("me", "the Notary") to carry out notarial services (“Notarial Services”) you agree to be bound by the following terms and conditions as updated from time to time. The current version appears on my website.

If you are an individual to whom the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 apply they give you a right to cancel your retainer in writing within 14 days from the day of conclusion of this contract. Your right to cancel under these Regulations is in addition to and not in substitution for your general right to withdraw your instructions to me at any time. My work begins immediately and if I complete my work within the said 14 days period (which is usually the case) you will lose your right to cancel.

Each notarial instruction is different. Specific requirements will vary according to whether my client is a private individual or a company. Typical key stages may include:

receiving your instructions and reviewing the document/s to be notarised
liaising with your legal advisers or others here or abroad to obtain other necessary documentation
checking the identity, capacity and authority of the person signing the document
if the genuineness of the document is to be certified, checking with appropriate authorities that the document to be notarised is genuine. In the case of academic awards this will entail checking with the appropriate academic institutions
meeting the signatory to verify their identity and capacity to sign the document and ensuring it is executed correctly
drafting and affixing a notarial certificate to the document
arranging for the legalisation of the document if required - the Apostille process, explained below
arranging for storage of copies of notarised documents in accordance with the requirements of the Notarial Practice Rules

YOUR OWN ADVISERS

I do not advise on foreign law. I do not advise on the suitability or enforceability of the document presented before me. This is a matter for your other advisers who typically will have prepared the document. I act solely in an evidential and authentication capacity. My role does not extend to the translation of documents in a foreign language. I must however be satisfied that you understand the nature of the document and that you intend (voluntarily) to be bound by it. Checks may therefore need to be made on your identity, your legal capacity, understanding and approval. This may require the services of a translator. If I am not satisfied, then I cannot act until suitable proof is provided. I also need to observe other stipulated formalities from this jurisdiction and abroad. That might include legalisation with the Foreign and Commonwealth Development Office (“FCDO”) by way of Apostille and/or the Embassy of the relevant state in the United Kingdom. I can arrange this by post or courier but some clients deal with that themselves in person, especially if the matter is particularly urgent. If you ask me to attend to this I will use the services of an agent with a next day service. I am not responsible for the acts and omissions of my agents in connection with your documents, including their possible loss in the post. In particular if an agent’s fee quotation is increased (eg: due to an increase in their fees or those of the Embassy) after being provided to you, then you will be responsible for this increased cost before the papers are released to you.

PAYMENTS AND BASIS OF CHARGING

My fee to notarise 1 document will typically be £140. To notarise more than 1 document, my fee is calculated primarily by reference to the time actually spent from beginning to end of the whole transaction on the basis of an hourly charging rate which is currently £350. VAT is charged on my Services. Save in exceptional circumstances, for example urgency, I will send a fee estimate before meeting you. I am available to visit clients at their home or offices; in such cases expenses and traveling time may be charged.

Notarial practice guidelines state my fees should be fair and reasonable. In assessing this, I may have regard to all the wider circumstances. As such my fees may also include an additional element reflecting other factors including value, importance, speed, complexity or special skills. If an Apostille is required, my agent’s fee for that, to include my appropriate administration charge and postage and packing will be set out in my fee estimate and my subsequent invoice. My fee estimate will be provided after I have made an initial review of the papers. The estimate will be based on the information available at the time and will not be binding. Variations in the instructions given, including requests for additional work or unexpected developments, may increase costs and I will communicate that as soon as reasonably practicable. If instructions are terminated for any reason, a charge will be made for all work carried out to date.

There is a minimum fee per instruction of £140 plus VAT and any disbursements.

My agreed fee includes for reasonable time spent on preliminary advice, drafting and preparation, making and receiving telephone calls, correspondence written and received in all formats, and appropriate record keeping.

Occasionally, unforeseen or unusual circumstances arise during the course of an instruction which may result in a revision of my fee estimate. Examples could include where additional documents are required to be notarised, additional translations or legalisations are needed to meet the requirements of the receiving jurisdiction, third party fees are adjusted to reflect external factors or your instructions change. I will notify you of any changes in my fee estimate as soon as reasonably practicable .

Payment of my agreed fee is required in full at the time of the first appointment, or before if more convenient. Please arrange to make payment electronically when we meet, or bring sufficient funds to meet this amount or the estimate provided at the time the appointment was made. If a further fee is payable you will be invoiced. Invoices are payable on presentation. If payment is not made as requested, I reserve the right to decline to act and exercise a lien on any documents in my possession, until payment is made. In addition, photocopies of notarised documents will not be provided until payment is made. Cheques are only accepted in exceptional circumstances and I reserve the right to wait until these have cleared before undertaking work or releasing original or copy papers. Separate sums may also be required from you to meet disbursements which will be charged in addition to my fee. These may include such matters as Legalisation Fees payable to the FCDO, Fees of Embassies, Translators and Interpreters, Companies House, Agents, Courier Charges and travel costs. Details will be supplied if relevant. I will post any documents by Royal Mail First Class (this cost is in addition to my fee) at your own risk. They may otherwise be sent by Special Delivery or courier at an additional charge. Interest is chargeable from the date of the invoice on invoices outstanding for more than 7 days at 4% per annum above HSBC Bank plc Base Rate. By instructing me you also consent to my paying a referral fee to any third party who may have introduced you to me.

My fees are revised from time to time and will be notified to you in writing. Any such changed rates will apply to my fee after the date of notification to you.

Notaries must obtain satisfactory evidence of the identity and address of their clients for the purposes of the Money Laundering Regulations 2017. I am a Data Controller for the purposes of the Data Protection Act 2018. I recognise that the appropriate treatment of personal data is essential in maintaining client confidence and any personal data which I collect, record or use in any way will have appropriate safeguards applied to it to ensure compliance with the Data Protection Act 2018. I use the information you provide (including personal data) primarily for the provision of my services to you, but also for related purposes including creating and maintaining notarial records, issuing invoices, collecting payments and debts, insurance, and legal and regulatory compliance.

You have the right to access the personal data I hold about you as well as other rights under the 2018 Act.

Provided that any such disclosures are limited to a need to know basis, I may make disclosures of information which is confidential to you:

(a) for the purposes of acting for you including, without limitation, disclosures to your other advisers or to third parties involved in the work I am undertaking for you;

(b) to my auditors for the purposes of the audit of my accounts;

(c) to my professional indemnity insurers, if, in relation to your matter, it becomes necessary to notify circumstances which may give rise to a claim against me (to include communications which would ordinarily be protected by legal professional privilege);

(d) as required by law or by any regulatory authority to which I am subject;

(e) for the purposes of complying with my obligations under anti-money laundering or counter-terrorist financing legislation from time to time in force.

I retain your personal data for only so long as is necessary or as otherwise required by applicable law.

Use of Technology, Devices and Artificial Intelligence (“AI”):

The use of AI in many areas of business is increasing. At present I regard it as of unproven utility in my role as a Notary Public and do not make use of it or any other automated decision-making technology in the course of my work.

This is however a rapidly developing scene which I will keep under review. If in the future I decide that use of such technology will benefit my clients I will not rely upon it without human intervention and will only do so after carrying out an appropriate risk assessment to ensure my clients’ rights are not adversely affected by it.

PROFESSIONAL INDEMNITY, LIMITATIONS ON LIABILITY

No liability for loss (including, but not limited to, damages, costs and interest) to clients or other parties, whether in contract, tort (including negligence) or otherwise will be accepted by the Notary in excess of £1m.

I am insured under a professional indemnity policy for at least £1m per claim.

No liability whatsoever will be accepted on the part of the Notary as a result of any delays or loss caused by his agents or, for example, due to post or courier delays or in any way in relation to any consequential loss or loss, damage or liability whatsoever caused directly or indirectly to any party other than the client for whom the Notary has agreed to act in connection with the relevant matter. 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. The Notary 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 the Notary’s control, including but not limited to postal delays, Act of God, war, riot, strike, lock out, trade dispute or labour disturbance, accident, breakdown of machinery, fire, flood, storm or difficulty.

Any complaint you may have about my services should be raised in the first instance with me. I will attempt to resolve the issue to your and my satisfaction. If the complaint cannot be resolved it may be referred to the Faculty Office of the Archbishop of Canterbury, 1 The Sanctuary, Westminster, London SW1P 3JT. Full details of your rights to complain and the role of The Notaries Society and the Legal Ombudsman in this respect are set out in the "Information I must give to all Clients" section of my website.

Our contract is governed by English Law and any disputes are subject to the exclusive jurisdiction of the English Courts.

These Terms of Business as updated from time to time will apply to any future instructions you give me to carry out Notarial Services.

Last updated February 2025