TERMS OF BUSINESS – Kober-Smith & Associates LLP – Notary Public

These terms apply to all notarial services supplied by Kober-Smith & Associates (“KSA”) to you unless otherwise agreed in writing.

Scope of our work

Unless we otherwise agree in writing we are only authenticating the fact that you have signed the document(s) i.e. your identity and capacity to sign. We are not advising you on the substance of the matter you have, whether that is, for example, the purchase of a property, the signing of a contract, the grant of a power of attorney or the terms under which you marry. For that, you must have independent legal advice, and that is not our function.

Any notarial act is done by Mark Kober-Smith for and on behalf of Kober-Smith & Associates LLP. Kober-Smith & Associates is a Limited Liability Partnership with registered number OC362313. Its registered office is at 6 Carlos Place, London W1K 3AP

Prices and Payment

These are as set out in our list of charges unless otherwise agreed by us. Normally we will quote you a fixed price before any work is done. Sums that we pay on your behalf, such as legalisation fees, postage, taxis and couriers, are charged in addition to our fees. Payment is to be made immediately. If we give credit this is 14 calendar days from invoice date and our prices increase by 20% to cover administration costs and cash flow implications.

Right to cancel

Since our services are tailored to your individual needs there is no right to cancel, in most cases, under the Consumer Protection (Distance Selling) Regulations 2000. However, if you cannot make an appointment, and no work has been done on the matter by us, there is no fee for cancelled meetings.

Liability

Our liability to you, except in respect of claims for death or injury resulting from negligence or as otherwise prohibited by law, for any type of loss, (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event or series of related claims or events (including claims based on negligence) shall not exceed £500,000. It will normally be limited to an amount of 5 times the fee we have charged to you.

Due Diligence by us

We are required to get details of identity from you by way of a valid passport or modern UK driving licence and details of address. Additional searches and enquiries will be necessary if you are signing documents on behalf of an organisation such as a company, partnership, trust or charity, i.e. if you are not signing purely as an individual. We may need to do additional searches or seek additional proof of your capacity to sign in these instances. Alternatively, we may simply have to limit our notarisation to that which we can confirm, i.e. that you as a named individual signed the document in question.

Due Diligence by you

As notaries we can only notarise things of which we have sufficient proof. If you are signing a documents as an individual we normally only need a passport and proof of address. If you are signing it on behalf of a company or other organisation we usually need proof that you have the capacity to sign it, via a board minute, board resolution or otherwise (depending on the type of organisation) Failing such proof our notarial certificate will be limited to stating that you came before us, and stated that you were so authorised, since we will not be able to confirm this ourselves.

Data Protection

We will keep and use personal information provided by you for credit control purposes. Unless otherwise required by law, we will keep your personal details confidential.

Third Party Rights

No party other than you, the client, or ourselves will have any rights under these terms and conditions by virtue of any law or enactment

Law

These terms and conditions will be governed by the laws of England and Wales.

MANDATORY INFORMATION TO BE GIVEN TO ALL NOTARIAL CLIENTS AFTER 6 OCTOBER 2010

My notarial practice is regulated by the Faculty Office of the Archbishop of Canterbury:

The Faculty Office
1, The Sanctuary
Westminster
London
SW1P 3JT

Email Faculty.office@1thesanctuary.com
Website www.facultyoffice.org.uk

If you have complaints about my work please do not hesitate to contact me, and if the matter cannotbe immediately resolved I will refer your complaint to the Notaries Society of which I am a member, who have a Complaints Procedure which is approved by the Faculty Office. Alternatively, you can complain to the Notaries Society direct. Please write (but do not enclose any original documents) with full details of your complaint to:

Christopher Vaughan
Secretary of The Notaries Society
Old Church Chambers
23 Sandhill Road
St James
Northampton. NN5 5LH

Email secretary@thenotariessociety.org.uk

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 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
Baskerville House, Centenary Square,
Broad Street, Birmingham B1 2ND
Tel: 0300 555 0333

Or enquiries@legalombudsman.org.uk
Website www.legalombudsman.org.uk

Any notarial act is done by Mark Kober-Smith for and on behalf of Kober-Smith & Associates LLP. Kober-Smith & Associates is a Limited Liability Partnership with registered number OC362313. Its registered office is at 6 Carlos Place, London W1K 3AP