Regulated through the Faculty Office of the Archbishop of Canterbury.
Member of the Notaries Society.
About me.
After pursuing a number of careers I qualified as a Solicitor in 2000, from which I am now retired, and was granted my faculty to practice as a Notary Public in 2004.
In addition to my practice as a Notary Public I also further my studies in Constitutional Law.
Contact Me
Appointments
I normally arrange to see clients at my offices but alternatively I can see you at your business address or at home subject to an agreed fee.
What you will need for the Appointment:
Fees
A Notary is, like a solicitor, regulated and insured. A Notary must ensure, unlike a simple witness, the client provides evidence of identity, they have mental capacity are not acting under duress and have read understood and agreed to be bound by the document they are about to sign. Thus when a client sees a Notary first a form must be completed then a photocopy of the proof of identity is taken then if necessary the Notary will discuss the document to be notarised.
After the document has been signed it is necessary for the Notary to attach his or her signature and seal. The notarised document must then be copied and the details entered in a register.
Like a solicitor Notary charges are based on the time spent. Potential clients will often phone or e-mail and ask for a quote to notarise a document. As a notary I deal with differing documents for various countries and I always ask that either the document to be notarised is attached to an email or explained on the phone so that I can provide a detailed quote.
My fees are based on the type and number of documents, checking and verifying information and the time needed to prepare notarial act. In some cases, my fees may include an additional element reflecting factors including value, importance, speed or complexity and travel.
I will provide an estimate of my fees to you at the start of the matter. Generally speaking, it is unlikely that the fee for any transaction will be less than £100 although for simple matters it may be less. My practice is not registered for VAT and this will not be charged.
In addition to my fees, third party expenses and fees (shown as disbursements on your invoice) will be charged such as charges of the Foreign and Commonwealth Office, Foreign Embassies and Consulates, any agents dealing with the legalisation of documents, registry searches, photocopying, postage and courier charges.
My charges are payable on presentation of an invoice which is usually prior to our meeting. Payment can be made in cash or by credit or debit card (with a 1.5% transaction fee). Details for direct bank transfers will be on the bottom of my invoice. Documents will not be released until the invoice has been paid and funds cleared. Interest at a rate of 4% above the Bank of England Base Rate will be charged on invoices that are over 7 calendar days old.
I reserve the right to ask for money to be paid on account of work to be done, disbursements to be made or expenses to be incurred. Such funds will be held by me until such time as an invoice is submitted or a payment made on your behalf.
What is an Apostille?
Some countries require a document to be legalised. This is a process by which a state agency confirms my seal and signature as those of an English Notary.
The Foreign and Commonwealth Office attaches an Apostille to the document.
Some countries require a document then to be stamped at their London Embassy in addition to the Apostille.
The process will normally take three days for an Apostille and up to an additional week if an Embassy stamp is needed.
Why a notary? It is almost always the case that you have been asked to see a notary because you have a document that needs to be used abroad. Seeing a notary is never a mere rubber-stamping exercise. The international duty of a Notary involves a high standard of care. This is not only towards the client but also to anyone who may rely on the document and to Governments or officials of other countries. These people are entitled to assume that a Notary will ensure full compliance with the relevant requirements both here and abroad; and to rely on the Notary’s register and records. Great care is essential at every stage to minimise the risks of errors, omissions, alterations, fraud, forgery, money laundering, the use of false identity, and so on.
I offer appointments during business hours. I am also prepared to make home visits or visit corporate clients at their place of business during my business hours. If the notarial appointments take place outside of my office I will make an additional charge to cover travelling time and expenses. Occasionally I may not be able to see you within the timeframe you require, or I may decide that I am not able to act for you.
Signatures: The Notary should normally witness your signature. Please do not sign the document in advance of your appointment with me.
Papers to be sent to me in advance: It will save time, expense and mistakes if, as long before the appointment as possible, you can let me have the originals or photocopies of:
Identification: I will need you to produce by way of formal identification 1the original of (in preferred order):
If neither of the above are available, at least two of the following:
You must also bring any other means of ID which may be referred to in the papers sent to you as being required such as a foreign Identity Card. I may also ask to see further evidence of identity such as marriage certificates etc and will advise you of this if necessary.
.Proof of names: In a case where the name on the document is different from the name you are currently using, or there has been a variation in the form of spelling of the name over the years, please provide me as appropriate with Certificates of Birth, Marriage or Divorce Decree or Change of Name Deed showing all the different names that you use. If there has been a change of name, then I will need to see a copy of the Deed Poll or Statutory Declaration which dealt with it.
Advice on the document: If you bring a document to me for authorisation as a Notary, I will advise you as to the formalities required for completing it. However, I will not be attempting to advise you about the transaction itself.
Written Translations: It is essential that you understand what you are signing.
Oral Interpreter: Oral Interpreter: If you and I cannot understand each other because of a language difficulty, we may have to make arrangements for a competent interpreter to be available at our interview and this may involve a further fee.
Companies, Partnerships etc: If a document is to be signed by you on behalf of a company, a partnership, a charity, club or other incorporated body, there are further requirements on which I may have to insist. Please be prepared for these and telephone with any point of difficulty before attending on the appointment.
In each case:
Additionally, companies:Certificate of Incorporation and of any Change of Name, a copy of the Memorandum and Articles of Association, Details of Directors and Secretaries. In all instances I will be carrying out various company searches, which may have an effect on the level of fees charged.
Additionally, partnerships, clubs, etc: A Partnership Agreement; or relevant Trust Deed; or Charter; or Constitution/Rules.
Notarial charges and expenses: Details of my charges are set out below. Please note that if I have to make payments on your behalf such as legalisation fees, translator or interpreter fees, or other costs such as travelling expenses, your approval to these will be obtained and you are normally required to make payment in advance of any such amounts.
Charges:
If the matter is simple I will endeavour to charge a fixed fee to include disbursements such as legalisation fees, postage, consular agent fees, courier fees, travelling expenses, translating costs and so on. I do not charge VAT.
For more complicated or time-consuming matters the fee will be based on my hourly rate of £275 subject to a minimum fee of £100, plus disbursements. The fee charged may include time spent on preliminary advice, drafting and preparation time, making and receiving telephone calls, correspondence written and received in all formats, arranging legalisation and record keeping.
Disbursements: Some documents require legalisation before they will be accepted for use in the receiving jurisdiction by obtaining an apostille through the UK Foreign and Commonwealth Office and, for some countries, additional legalisation is required through the relevant embassy or consulate.Payment can be made by bank transfer. Payment of my fee and disbursements is due prior to any appointment.
Occasionally unforeseen or unusual issues arise during the course of the matter which may result in a revision of my fee estimate. Examples of this 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 such as fuel price changes and so on. I will notify you of any changes in the fee estimate as soon as possible.Typical Stages of a notarial transaction: Each notarial matter is different and the requirements and timescales will vary greatly according to whether the client is a private individual or a company and in particular according to the processing times of third parties such as the Foreign and Commonwealth Office, legalisation agents, translating agencies and couriers, etc . 1 Some of the typical key stages are likely to include:
Notarial Records and Data Protection: When I carry out my work for you, I am required to make an entry in a formal register, which is kept by me as a permanent record. I will retain a copy of the notarised documentation with that record. My practice is a registered with the Information Commissioner’s Office. Personal data received from clients is held securely and not capable of being accessed externally. Data collected as part of notarial records is used solely for the purposes of meeting our professional legal responsibilities as Notaries Public.
Insurance: In the interests of my clients I maintain professional indemnity insurance at a level of at least £1,000,000.00 per claim.
Your Right to Cancel: You may terminate your instructions to me at any time by giving me reasonable written notice. All fees and disbursements incurred up to the date of termination will be charged.
Consumer Cooling Off Cancellation Period –Consumer Contracts Regulations 2013 (“CCR”): Where the CCR apply (typically where you are an individual consumer and my contract with you was concluded either at or following a meeting with you or by a form of distance communication) you have a cancellation period of 14 days after the date you sign my retainer letter or the date on which you continue to give me instructions, whichever is earlier. You can cancel your contract within the cancellation period by giving me a clear statement and I will reimburse all payments received from you by the same method that you used, at no cost to you, without undue delay, and not later than 14 days after the day on which you inform me of the cancellation.
Consumer Cooling Off Cancellation Period –Consumer Contracts Regulations 2013 (“CCR”):
Where the CCR apply (typically where you are an individual consumer and my contract with you was concluded either at or following a meeting with you or by a form of distance communication) you have a cancellation period of 14 days after the date you sign my retainer letter or the date on which you continue to give me instructions, whichever is earlier.
You can cancel your contract within the cancellation period by giving me a clear statement and I will reimburse all payments received from you by the same method that you used, at no cost to you, without undue delay, and not later than 14 days after the day on which you inform me of the cancellation.
If you ask us to begin work during the cancellation period, you can still cancel but you must pay me an amount in proportion to the work which I have performed and this proportion will not be reimbursed to you.
Termination by me: I reserve the right to terminate my engagement by you if I have good reason to do so, for example, if you do not pay a bill or comply with my request for a payment on account or you fail to give me the co-operation which I am reasonably entitled to expect.
Complaints: My notarial practice is regulated through the Faculty Office of the Archbishop of Canterbury:
If you are dissatisfied about the service you have received please do not hesitate to contact me.
If we are unable to resolve the matter you may then complain to the Notaries Society of which I am a member, who have a Complaints Procedure which is approved by the Faculty Office. This procedure is free to use and is designed to provide a quick resolution to any dispute.
In that case please write (but do not enclose any original documents) with full details of your complaint to :-
If you have any difficulty in making a complaint in writing please do not hesitate to contact the Notaries Society/the Faculty Office for assistance.
Finally, even if you have your complaint considered under the Notaries Society Approved Complaints Procedure, you may at the end of that procedure, or after a period of 8 weeks from the date you first notified me that you were dissatisfied, make your complaint to the Legal Ombudsman, if you are not happy with the result :
If you decide to make a complaint to the Legal Ombudsman, you must refer your matter to the Legal Ombudsman within one year from the act/omission or within one year from when you should reasonably have known there was cause for complaint.
I hope that these notes are of help to you in understanding what is expected of each of us.
Complaints Procedure
The Faculty Office 1, The Sanctuary, Westminster London SW1 3JT Email: www.faculty.office@1thesanctuary.com. Website:www.facultyoffice.org.uk.
The Secretary of the Notaries Society PO Box 7655 Milton Keynes MK11 9NR Tel: 01908 803527 Email: secretary@thenotariessociety.org.uk.If you have any difficulty in making a complaint in writing please do not hesitate to call the Notaries Society/Faculty Office for assistance.
Legal Ombudsman Baskerville House, Centenary Square, Broad Street, Birmingham B1 2ND Tel: 0300 555 0333 Email: enquiries@legalombudsman.org.uk. Website: www.legalombudsman.org.uk.
What is a Notary?
Notaries are a separate branch of the legal profession. To become a notary under the present regulations, as well as satisfying the Qualifications Board of your existing qualifications as a lawyer you must successfully complete a two year post graduate diploma at Cambridge University.
Notaries can trace their roots back to the 13th century. The link with the Archbishop of Canterbury arose because notaries were originally appointed by the Pope. When Henry VIII appointed himself head of the Church in England he passed the duty of appointing notaries to the Archbishop.
The status of a notary is recognised throughout the world. Often documents which are to be sent to foreign jurisdictions will only be accepted if they bear the seal and signature of a notary.
The notary’s prime responsibility is to ensure that his notarial act may be relied upon by anyone in the world who may receive the document.
This differs from the responsibility of a solicitor whose main duty is to his client.
Links
These links will open in a new window or tab in your browser:
The Faculty Office: www.facultyoffice.org.uk/notary/
The Notaries Society: https://www.thenotariessociety.org.uk/
Foreign and Commonwealth Office: https://www.gov.uk/get-document-legalised
Website Privacy and GDPR Statement
This privacy statement sets out how Dr John Kirkhope, Notary Public uses and protects any information that you give when you use this website.
I am committed to ensuring that your privacy is protected in accordance with the new General Data Protection Regulations (GDPR).
A copy of my GDPR statement may be viewed using this link (opens in a new window).
I may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1 May 2018.
Information that I collect.
I do not collect any personal information on this website.
Security.
I am committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, I have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information I collect online.
How this website uses cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. This website does not use cookies.
Links to other websites
My website may contain links to other websites of interest. However, once you have used these links to leave my site, you should note that I do not have any control over that other website. Therefore, I cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Downloads & Media Files
Any downloadable documents, files or media made available on this website are provided to users at their own risk. While all precautions have been undertaken to ensure only genuine downloads are available users are advised to verify their authenticity using third party anti virus software or similar applications.
I accept no responsibility for third party downloads and downloads provided by external third party websites and advise users to verify their authenticity using third party anti virus software or similar applications.
Contact & Communication With me
Users contacting me by email do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use.
Where I have clearly stated and made you aware of the fact, and where you have given your express permission, I may use your details to send you products/services information through a mailing list system. This is done in accordance with the regulations named in 'The policy' above.
I will not use your email address for marketing and will not pass it on to third parties without your express permission.