NOTARY PUBLIC VIDAL E. MARTIN

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Transcription:

NOTARY PUBLIC VIDAL E. MARTIN For reliable Notary Public services that give you security and peace of mind

ABOUT VIDAL MARTIN I am a duly enrolled and registered notary public and a member of The Notaries Society which is a body representing over 900 Notaries practising in England and Wales. I am also a a member of the Solicitors Regulation Authority and a practicing Solicitor at Bright & Sons in Witham and Maldon in Essex just to the North of London. I am qualified to practice in matters concerning Wills, Trusts, Tax, Probate, Court of Protection and elderly client matters. I can provide a range of Notary Public and E Notarisation services from offices in Witham and Maldon, Essex and the provision of out of office and mobile arrangements throughout Essex and London. I have all the facilities, resources and technology to provide you with a professional, high quality service whenever and wherever you need it. NOTARY SERVICES I OFFER Whether you simply need copy passports certified or wish to execute a power of attorney, I can provide the appropriate notary service. I offer a full range of Notary Public services both for individuals and commercial organisations. For individuals and personal requirements, my services include powers of attorney, declarations, affidavits, oaths, general notarization of documents for use abroad and copy documents. I act for companies and international groups of corporate solicitors and accountants in notarizing and legalizing assignments and powers of attorney to register trade marks in many overseas trade mark registers. I can offer translation and interpreting services for most languages and frequently legalize documents at the Foreign Office and Consulates.

NOTARY SERVICES I OFFER The following list of services is not an exhaustive list, but provides an overview of the services that I offer: For Individual Clients: Power of attorney signed in the presence of a notary Authentication of identity and signatures Certified copy documents, such as examination certificates Copies of passports for bank accounts and other purposes Statutory affadavits, oaths and declarations made before a notary public Sale, purchase, transfers or verification of land, property and shares Lost passports, share certificates or other documents Documentation, marriage certificates and declarations of single status in connection with marriages overseas Permission to let one parent travel with children Apostille and legalisations at consulates Certified copies of documents, certified by a notary Witnessing and attesting signature of foreign wills Applications for citizenships and oaths of allegiance Change of name documents and Deed Polls Preparation of sponsorship forms for persons visiting the UK General notarization of documents for use abroad Any other documents for abroad, which require a notary stamp Translation can be arranged and interpreters made available

NOTARY SERVICES I OFFER The following list of services is not an exhaustive list, but an overview of the services that I offer: For Commercial Clients: Power of attorney witnessed by a notary public Authentication of transfers of patents and trade marks Verification of acts and events Certification of instruments, certificates and share issues Bills of Exchange & shipping preparation and noting of protest Legalisation and apostille service with the Foreign Embassies and Consulates Notarisation of company documents for setting up a branch office Affidavits, statutory declarations, and sworn statements Property transactions, transfers, purchases, sales, gifts etc. Any other documents for abroad, which require a notary stamp MY NOTARY FEES My fees are very competitive and I ensure that all notarial work is carried out to a proper and exacting standard. The minimum fee for a single transaction charged is 80. With regards to more complex transactions, I typically charge an hourly rate of 200. Where notarial documents need to be legalised at The Foreign & Commonwealth Office or various embassies in London, I can arrange this at the cost charged by couriers who undertake this work. Additionally, the Foreign & Commonwealth Office and various embassies charge their own fee for legalising a document. Such institutions will often only accept notaries' cheques and not cheques issued by individuals. I will issue a notary cheque to cover this fee on behalf of clients. I will always quote a fee for a matter prior to commencing work. For unusual assignments, a special fee will be agreed before work starts.

TERMS OF BUSINESS Fees: 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 your behalf. You may be asked to provide monies on account. Costs include preparatory and drafting work, correspondence and attendances. My practice is not registered for Value Added Tax and expenses and disbursements will be charged gross. Estimates: It is difficult to estimate in some cases how much time 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 on receipt of instructions and sight of documents. Any estimates given will be based on the information available at the time and, although given in good faith, will not be binding. Invoices: Invoices must be settled within 7 days or, if requested, immediately if further work on the same matter is required. Any queries concerning an invoice should be raised immediately upon receipt. In the event of payment not being made as requested, I reserve the right to decline to act any further on your behalf and/or to exercise a lien on any papers or documents which are in my 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 annum above Barclays base rate from time to time in force. Money Laundering Compliance: I operate 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. You may be required to provide satisfactory proof of identity and full details of the source and proposed destination of funds.

WHAT A NOTARY DOES The service provided by a Notary Public is, through necessity, a formal procedure, as what the notary says and certifies is legally recognized throughout the world. A Notary Public in England is a member of the smallest but oldest branch of the legal profession and is appointed by the profession's own Court which is at Westminster. Previously the notarial profession was divided with certain types of notaries (called scrivener notaries) only allowed to do business in the Cities of London and Westminster. However, this division has now been abolished and a notary public (also sometimes called a general notary) can now carry out his business throughout England & Wales including throughout the whole of London. Most notaries are also solicitors, and are engaged in legal work for commercial companies engaged in international trade, and for private individuals. The primary work of a Notary is to prepare and witness the execution of documents to make the document acceptable to and receivable by other foreign jurisdictions. The most common tasks of a Notary Public include: Preparing and witnessing powers of attorney for use overseas. Dealing with purchase or sale of land and property abroad. Providing documents to deal with the administration of the estate of people who are abroad, or owning property abroad. Authenticating personal documents and information for immigration or emigration purposes, or to apply to marry or to work abroad. Administer oaths and declarations. Authenticating company and business documents and transactions. Ensuring that the client understands the effect of the document and is willing to abide by the terms of the agreement and has capacity to do so. By signing and sealing a document, a notary verifies the authenticity of the facts set out in that document and, apart from legalisation at either The Foreign and Commonwealth Office or at a foreign embassy or consulate, no other formal requirements will be needed by the foreign jurisdiction in which the document is required. Notaries also have special jurisdiction in relation to the Protest of Bills of Exchange and Protests arising from the ownership and use of ships and shipping generally. All sorts of other specialist work is also carried out as and when required.

QUESTIONS YOU MAY HAVE Unless you have used a Notary Public before, you will have several questions, that we would be more than happy to talk through with you in detail. The following are the most common questions that people usually ask prior to selecting or using a Notary Public: What does notarisation mean? Really an American term for "notarially certify" but notarise looks to have won this North Atlantic verbal battle. This means the act by a notary of certifying a signature or issuing a certificate. There is no statutory restriction on what a notary is allowed to attest to. What does authentification mean? The same as notarisation. What is the role of identification? All signatories must be identified personally (by production of original passport). Certificates involving a single signatory and/or an officer who is not either a director or the company secretary and/or an non English company can require detailed and complex investigation. Why do I need a passport? As a result of increasing fraud and the advent of money laundering regulations, this is the preferred document for individual identification. However, other documents can suffice e.g. a driving licence containing the signatory's photograph. What is a certificate or a notarial certificate? The core function of a notary which is to issue certificates attesting to facts witnessed by or proved to him and attested under his signature and seal. What is a seal? Every notary has his or her own die cast or embossed seal, usually containing a unique design or crest, the words "notary public" and his or her name. Do I need a notary for a power of attorney? If for use overseas, this is the document most frequently needing notarisation. What does legalisation mean? Legalisation means the certification of a signature and seal of a notary by a consular or diplomatic authority. In most transactions, legalisation will be achieved by a document being certified ( apostille ) by The Foreign and Commonwealth Office in Whitehall, London. The notary derives his or her authority from the royal prerogative. However, whereas the royal prerogative is sufficient to give the notary authority in England & Wales, it is meaningless to give the notary authority abroad. As the need for a notary is almost always in connection with a foreign country, international transactions would be severely hampered if there was not a mechanism whereby the authority of an English notary was recognised abroad. This mechanism is provided by the process of legalisation as described in the opening paragraph of this section. Once the English notary's seal and signature has been legalised, it must be accepted by authorities abroad.

QUESTIONS YOU MAY HAVE What is an apostille? Specific form of legalisation originally created by the Convention of 5th October 1961 of the Hague Conference on Private International Law. Information as to which countries have signed the Convention is available from the office. How is the Foreign Office involved? It is the UK mainland monopoly provider of apostille legalisation and also needed for many non apostille countries. How do I get translations? This is one of the most important services traditionally provided by notaries. I have contacts with a number of firms of translators and translations of most languages can usually be arranged quite easily and quickly but this will be at the client's cost. Please enquire at the office as to the availability of such facilities. What does escritura mean? This is a Spanish (or Portuguese) word popularly believed to mean title deed to real property but actually only means an instrument in writing. What is a Bill of Exchange? This is a negotiable instrument of declining importance in trade finance but dishonoured (unpaid) Bills of Exchange are still noted and protested by notaries. What is the Faculty Office? This is the regulatory body for all notaries practising in England and Wales. The current rule structure covers essentially similar ground to solicitors and accountants i.e. ethical practice, client monies, discipline as well as training and admission. What is a general notary? These are notaries public in England and Wales who are not scrivener notaries. They are usually solicitors though this is not a requirement. What does Protest mean? This is a form of certificate used to record dishonour of a Bill of Exchange. What is a Protocol? This is a special form of register of notarial acts drawn up in the civil law "authentic" form. Also adopted on a voluntary basis by notaries. What records are kept? Notaries must keep extensive records (but not necessarily full copies) of all their certificates and annexed documents, in some cases permanently. These are all private records available only to clients or under statutory exceptions. Must I visit your office? Notaries do not only see clients at their office but also attend at client premises. This is on a fee basis but avoids management down time. We also provide an E Notarization service that may allow some transactions to take place on line.

WHAT NEXT? For further information or to discuss your Notarial requirements, please call me on 01376 512338 or email me at info@vmartin notary.com. I look forward to hearing from you. Notary Public, Vidal E. Martin 87 91 Newland St., Witham, Essex, CM8 1AD, Telephone: 01376 512338, Fax: 01376 519763 Email:info@vmartin notary.com www.vmartin notary.com