Providing Professional Notarial Services

Terms of Business

 

My name is Lackhbir Singh Tutt and my business trading name is Singh Tutt Notary Public.  The address and contact details of my practise can be found by clicking here.

The service provided by me is that of a Notary Public carrying out all permitted notarial activities including, where appropriate and if required, arranging legalisation of documents and sending them to their final destination. We will require proof of Identification namely your Passport/Photocard driving license and a proof of address, which can be either a utility bill or a bank statement issued within the last three months.

PLEASE NOTE THAT I have no knowledge of, nor qualification in, any law other than English Law.  I will do my best to ensure that you have understood the meaning of any document that you sign before me but I cannot and will not be responsible to you for the understanding or application of any foreign law that may apply thereto. You must therefore seek legal advice from the lawyers in the Jurisdiction where the documents is to take effect.

Instructions

Clients are asked to supply clear instructions, including all relevant background information, at the outset and as the matter continues. Company clients should nominate one individual who is authorised to give instructions on the company's behalf in relation to each matter.

Rates

There is a £30 minimum fee.

 

Fees are assessed mainly by reference to the time spent on the matter, on the basis of an hourly charging rate. Details of the hourly rates applicable to any particular matter are available on request. Rates are reviewed from time to time.

In accordance with Notarial practice guidelines, (which stipulate that fees should be fair and reasonable having regard to all the circumstances of the case), our fees may also include an additional element reflecting other factors including value, importance, speed, complexity or special skills.

 

If instructions are terminated for any reason, a charge will be made for all work carried out to date. Separate charges are made for any disbursements or expenses incurred on behalf of clients. Costs include preparatory and drafting work, correspondence and attendance. The Notarial practice is not registered for Value Added Tax and expenses and disbursements will be charged gross.

Costs / Estimates

Except in the most routine cases, it is difficult to estimate how many hours of work will be required to complete a matter, bearing in mind the variety of circumstances that may arise. However, guidance as to likely costs will be given, where possible, on request. Any estimates given will be based on the information available to the practice at the time and, although given in good faith, will not be binding. Variations in the instructions given, including requests for additional work or unexpected developments and/or inexperience, not receiving proper instructions or lack of co-operation on the part of other parties or their advisers may increase costs.

Payment / Funds on Account

We 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.

Fees / Invoices

Fees are normally due for settlement on completion of work and prior to release of completed documentation.

Invoices are delivered where required for work carried out, expenses incurred and disbursements made during the conduct of a matter.

Invoices must be settled within 7 days or, if requested, immediately if further work on the matter is required. Any queries concerning an invoice should be raised immediately upon receipt.

 

In the event of payment not being made as requested, we reserve the right to decline to act any further on behalf of the client and/or to exercise a lien on any papers or documents of the client which are in our possession, until payment has been made.

Interest is chargeable from the date of the invoice on invoices outstanding for more than 7 days at 4% per anum above the Base Rate from time to time in force of Lloyds Bank Plc.

Termination of instructions

The client may terminate instructions to the practice in writing at any time. In the event of payment not being made for an invoice or on account as requested, or in the event of the client's insolvency or if a conflict of interest becomes apparent or if the client fails to provide clear instructions, the practice may decline to act any further on behalf of the client. The practice may exercise the lien that arises on any papers, documents, money or securities of the client which are in the practice's possession until payment for any outstanding charges has been made.

Liability for Payment

Where a client requests that an invoice is to be paid by a third party on behalf of a client and such third party does not pay the invoice within 7 days of issue of invoice the instructing client will immediately be liable to discharge that invoice.

 

Where the practice accepts instructions from a limited company, the director or officer providing instructions will be personally liable for our fees and disbursements at any stage in the transaction or proceedings unless the company has deposited sufficient funds on account.  Where the person instructing the practice does so on behalf of two or more persons, each of those persons shall be jointly and severally liable to the practice for the obligations on the client imposed by these Terms.

Service / Complaints 

If you have any complaints about our work, please contact Mr L S Tutt in the first instance so that we can try and resolve the matter.  In the event it cannot be resolved, the complaint can be referred to the Faculty Office of the Archbishop of Canterbury.  (Please click here to see Appendix 1) or The Notaries Society of which I am a member who have a complaints procedure which is approved by the Faculty Office. (Please click here to see Appendix 2)

 

Data Protection

I will respect the confidentiality of the information you provide. However, some authorities and other bodies have the right to require me to disclose information to them and I will have to comply with those rights.

 

I am required to keep records of the work I carry out for you.

 

I will use your personal data only in connection with the provision of notarial services and will not pass it to any other person.  Please click on the following links to read our:  Privacy Policy, Data Protection Policy and Data Processing Policy.

Email

I use email for communications wherever possible. If you provide me with your email address you will be deemed to have consented to us communicating via email.  Please click on the following links to read our:  Privacy Policy, Data Protection Policy and Data Processing Policy.

Money Laundering

I am required to comply with the relevant legislation and regulations including anti-money laundering legislation.

The practice operates a money-laundering reporting procedure as required by law whereby, in the event of any suspicion as to money laundering, information will be revealed to the appropriate authorities.  Clients will be required to provide satisfactory proof of identity and full details of the source and proposed destination of funds. Pending this, funds may be frozen and the practice will not accept any responsibility for loss or delay, including any loss caused by the failure of clients to provide such information promptly.

Professional Indemnity

1. I will not provide you with legal advice; my role is that of Notary Public, not Solicitor.

 

2. The amount of the practice's professional indemnity insurance cover from time to time. The present cover is for     not less than £1,000,000. Specific cover for higher limits may be obtainable in certain circumstances at the               expense of the client.

 

3.The amount of any liability is to be reduced so far as may be appropriate to take account of the degree of responsibility of any other professional or other advisers whom the client has consulted in relation to the matter as if the practice had successfully claimed contribution from them under the Civil Liability (Contribution) Act 1978 taking no regard for any limitation agreed between the client and such advisor, and they had the resources to meet the same, provided that the practice shall not be obliged to make or pursue any such claim for contribution.

 

4.No liability whatsoever will be accepted on the part of the practice, its partners, agents or staff in relation to any loss, damage or liability whatsoever caused directly or indirectly to any party other than the client for whom the practice has agreed to act in connection with the relevant matter. No third party shall have any right to enforce any contract by the practice to provide advice or services or to rely upon any advice given or opinion expressed by or on behalf of the practice. 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.

5. In any event, no liability whatsoever will be accepted on the part of the practice, its principal, agents or staff where such liability either arises from any instructions or information given by the client or by any third party being incomplete, inaccurate or incorrect; or where such liability is for any indirect, economic or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever or howsoever caused which arise out of or in connection with the services provided by the practice or for loss of profit, loss of business, loss of data, depletion of goodwill or loss occurring in the normal course of business or otherwise.

6. All searches of the Register of Companies carried out by the practice are made using the Registrar of Companies' on line service. To the extent that the Registrar does not accept responsibility for any inaccuracies or omissions arising from use of the on line service, the practice accepts no responsibility or liability arising from reliance upon the results of such searches, if they should subsequently be found to be inaccurate or incomplete.

 

These limitations will apply notwithstanding any express or implied term of business or any collateral agreement or warranty, whether express or implied.

Law and Jurisdiction

1. The terms of business shall be governed by English law.

2. We agree that the courts of England shall have exclusive jurisdiction in all matters relating to these terms of              business and our relationship including contractual and non contractual matters.

3. If any provision is held by any court or other competent authority to be void or unenforceable in whole or part, these terms shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.

Foreign Law

We do not advise on foreign law but act in an evidential, authentication capacity.

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX 1

 

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

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

Telephone 020 7222 5381, Email faculty.office@1thesanctuary.com Website www.facultyoffice.org.uk

​3. If we are unable to resolve the matter you may then complain to the Faculty Office who will refer the complaint to be considered by one or several independent     notaries. This procedure is free to use and is designed to provide a quick resolution to any dispute.

4. In that case please write (but do not enclose any original documents) with full details of your complaint to the,

 

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

Telephone 020 7222 5381, Email faculty.office@1thesanctuary.com, Website www.facultyoffice.org.uk.

 

If you have any difficulty making a complaint in writing, please do not hesitate to call Faculty Office for assistance. 

5. Finally, even if you have your complaint considered under the Complaints Procedure, you may at the end of that procedure or after a period of eight 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:

 

Legal Ombudsman, PO Box 6806, Wolverhampton WV1 9WJ, Tel : 0300 555 0333, 

Email: enquiries@legalombudsman.org.uk, Website: www.legalombudsman.org.uk

6. If you decide to make a complaint to the Legal Ombudsman, you must refer your matter to the Legal Ombudsman within six months from the conclusion of the     complaint process.

This Notarial practise is regulated by the Faculty Office of the Archbishop of Canterbury

 

 

 

 

 

 

APPENDIX 2

1. The complaint should be made to the Secretary of the Notaries Society at the following address:-

 

The Secretary, The Notaries Society, Old Church Chambers, 23 Sandhill Road, St James Northampton, NN5 5LH,

Email: secretary@thenotariessociety.org.uk                 Tel : 01604 758908

2. The complaint shall provide the Secretary with full details of the complaint together  with copies of any documents or correspondence.

3. If the Complainant has any difficulty in making the complaint in writing he/she should contact the Secretary for assistance.

4. The Secretary will write to the complainant asking whether he/she is willing for the complaint to be considered by the President and Vice-president within the Approved Complaints Procedure if that agreement has not already been obtained.

5. The Secretary will prepare copies of all the papers and deliver them with his own support (if necessary) and a summary to the president and Vice-President of The Notaries Society.

6.  It is anticipated that the parties will cooperate to assist the Secretary in facilitating the Approved Complaints Procedure.

7. The President and Vice President will consult together and will propose a Conclusion with in their judgement is fair to both parties.  A written record of the Conclusion will be sent to the Secretary who will then inform both parties and the Faculty office.

8. At the same time as informing the parties of the Conclusion the Complainant will be notified of his/her right to complain to the Legal Ombudsman, the timeframe for doing so, and full details of how to contact the Legal Ombudsman.  If the Complainant decides to refer the matter to the Legal Ombudsman he/she must do so within six months from the conclusion of the complaint process.

9. The Conclusion is to be notified to both the Complainant and the Notary no later than 8 weeks after the date of which the Complainant complained.  After this period, the Complainant may complain to the Legal Ombudsman whether or not a Conclusion has been notified to him/her.

 
 

SINGH TUTT NOTARY PUBLIC is a trading name for L.S. TUTT (NP) LIMITED (Company Number: 9786722)

© Copyright Singh Tutt Notary Public 2018       Designed by Imagine Digital Media Solutions 2018