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Notary

Denise Herrington - Notary Public

Denise Herrington is a Notary Public.  I was appointed in 1997 and have developed a significant practice advising both corporate and individual clients.

I provide a fast and efficient service and can help you with the entire process including legalising documents at the FCO and overseas embassies.

I am regulated through the Faculty Office of the Archbishop of Canterbury.  I am a member of the Notaries’ Society for England and Wales.

Why Do You Need a Notary?

If you need to see a notary it will be because you are signing a document to be sent abroad.

The work undertaken by each notary is not a rubber stamping exercise and may require you to provide information or supporting documents and/or require other verification process will need to be followed.

Before I can notarise a document for you I will need to understand what the document is, what you have been asked to do and which country your document will be sent to. 

I always like to see any document in advance of meeting a client.  This avoids delays with your document and ensures I am comfortable with what is expected prior to your appointment.

Depending where the document is to be sent I will advise whether signing in front of a notary in sufficient or whether you need legalisation at the Foreign and Commonwealth Office and (possibly) at the Embassy of the country where the document is to be sent.

How Long Will it Take?

Every request for notarising documents will have different requirements so it is impossible to say how long any assignment will take.  The key stages involved will cover some, if not all, of:

  • receiving your instructions and reviewing documents you need to sign;
  • sending you a quote for fees and disbursements, with my terms of business.  At this stage I will explain the likely turnaround time;
  • liaising with your advisors to check requirements or to suggest amendments to the documents, where necessary;
  • meeting with you; checking your ID and authority needed to sign;
  • preparing and affixing a notarial certificate and sewing up your document;
  • arranging for legalisation of the document; and
  • checking document, keeping a copy, returning the original to you or as you have instructed.

Documents in a Foreign Language

It is vital that you understand what you are signing.  I may not be able to notarise a document in a language in which I am unfamiliar, in the absence of an English translation.

Identity

The person signing the document will have to do so in front of me.  You will need to produce identification to prove who you are. I will always ask for a valid passport, a UK driving licence (if available) and a bank statement or utility bill, not more than 3 months old, to verify your address.  If the document you need to sign refers to any other ID (such as an NIE number, or a different name) you will need to bring evidence of that name or other identity document. 

I will not notarise any document which has already been signed.

Companies/LLPs and Partnerships

Identification requirements will be different if the person instructing me is an entity such as a limited company.

I will need to understand who the directors are, what authority they have to sign the document (usually by means of a board resolution) and who owns the entity.  I will explain what further ID requirements I have.

Charges

I will always provide you with my terms of business and a written quotation for the work to be undertaken before I do any notarial work. 

Sometimes I can only provide an estimate of the likely fees.  Generally however I will provide a firm quote in writing before you come to see me.

My hourly rate is £375.00 plus VAT per hour and my fees are based on time spent, complexity and urgency of your arrangements including time spent liaising with you or your advisers prior to any appointment.  I have the following minimum fees:

  1. Certifying the biodata page of a passport

:

£125.00 plus VAT

  1. Simple certification of documents, Company House documents, powers of attorney, including apostilling (per document)

:

£395.00 plus VAT

  1. Certification of documents, Company House documents, powers of attorney, including premium service apostilling (per document)

:

£495.00 plus VAT

 

VAT will be charged at the rate in force (currently 20%) on my fees.

If unforeseen circumstances arise I may need to revise my fee quote.

Disbursements

I will always explain what charges you may need to pay in addition to the fees above prior to your visit.  These could include:

  • Apostille fee: the fee you pay is the fee charged by the Foreign and Commonwealth office for each apostille.  Currently charges are either £30 (standard processing) or £75 (premium same day processing);
  • Embassy Fees: if your document needs to be presented to the UK Embassy of the country where your document is to be sent then the Embassy in question will also charge a fee.  I will explain to you in advance what that will be;
  • Courier fee: if your assignment requires me to use a courier (which will be agreed with you in advance) I will provide you with an estimate before committing to the expense.  This will only ever be an estimate and I will only pass on the courier charge to you; and
  • Postage: If you want me to return the notarised document to you in the post then I will charge you a fixed fee of £8.00 plus VAT.

All fees and charges are payable on, or prior to, collection of your documents or delivery of the same to you or to a third party.

Insurance

All work I undertake is covered by the professional indemnity liability insurance of GBH Law Limited.  Insurance cover is £3,000,000.  My maximum liability to you will not exceed the sum of £3 million (three million pounds sterling) in the event that you are successful in bringing a claim against me (other than one for death, personal injury or fraud where our liability is unlimited).  For the purposes of determining our maximum liability all claims arising from the same act or omission or from a series of related acts or omissions or from the same act or omission in a series of related matters or transactions will be regarded as one claim. 

I shall not be liable to you for any indirect or consequential loss, damage, costs or expenses of any nature incurred or suffered by you including (but without limitation) any economic loss or other loss of turnover, profits, business or goodwill. 

I shall not be liable to you for loss, damage, costs or expenses of any nature incurred or suffered by you arising from compliance with any statutory obligations placed upon us.

In dispatching documents for legalisation by the FCO or delivery by post or courier or entrusting them to agents on your behalf and/or at your request, I assume no liability for their loss and/or any consequential loss incurred by you as a result of any failure on the part of the FCO, postal service, courier or agent.  

Records

I maintain a register and copies of all documents that are notarised in accordance with my practicing rules.  For details of how your data is managed please refer to the privacy policy which can be found here.  If I stop practising as a notary public my records will be passed to a successor notary.  Records which are more than 12 years old will be automatically destroyed.

Data Protection

Any personal data provided to me will be held in accordance with my data protection privacy policy, which can be found here.

Complaints and Regulator

If you need to raise a complaint and you feel unable to raise it directly with me then all notaries are regulated through the Faculty Office of the Archbishop of Canterbury whose contact details are:

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 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.  They 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:

The Secretary of the Notaries Society

Old Church Chambers

23 Sandhill Road

St James

Northampton NN5 5LH

 

Telephone:     01604 758908

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/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 six months 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.  Contact details are:

Legal Ombudsman

P O Box 6806

Wolverhampton

West Midlands

WV1 9WJ

 

Tel:              0300 555 0333

Email:           enquiries@legalombudsman.org.uk

Website:       www.legalombudsman.org.uk

 

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.

Additionally if you have concerns over how your data is managed additional remedies are available to you and you may refer a complaint to the Information Commissioners’ Office at: https://ico.org.uk or by telephone on 0303 123 1113.

 

DATA PROTECTION PRIVACY NOTICE

 

  1. The notarial practice of Denise Herrington (“Business”, “we”, “us”, “our”) is carried from the office of GBH Law Ltd of 7/8 Innovation Place Douglas Drive Godalming Surrey GU7 1JX.  Denise’s notarial practice is registered with the Information Commissioner’s Office (“ICO”) under number ZA193819. 
  2. If you have any questions about this privacy notice (“Notice”), please contact Denise by email on denise@gbhlaw.co.uk or write to her at the following address c/o GBH Law Limited, 7/8 Innovation Place, Douglas Drive, Godalming, Surrey GU7 1JX.
  3. The Business will process your and third parties’ personal data, as further explained below, in the course of providing you with notarial and associated services (“Services”).
  4. PLEASE NOTE: You shall and you hereby agree to indemnify the Business and its affiliates and their officers, employees, agents and subcontractors (each an “Indemnified Party”) on a full indemnity basis from and against any claims, losses, demands, actions, liabilities, fines, penalties, reasonable expenses, damages and settlement amounts (including reasonable legal fees and costs) incurred by any Indemnified Party arising out of or in connection with any breach by you of the warranties included in paragraphs 8 & 9.

What is Personal Data?

  1. Personal data” means any information relating to an identified or identifiable natural person, known as ‘data subject’, who can be identified directly or indirectly; it may include name, address, email address, phone number, IP address, location data, cookies and similar information.  It may also include “special categories of personal data” such as racial or ethnic origin, political opinions, religious o philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a data subject, data concerning health or data concerning a natural person's sex life or sexual orientation.
  2. The Business may process personal data and special categories of personal data which you provide in connection with the Services about yourself and other data subjects, e.g. individuals whose details are included in any materials provided by you to the Business.  The Business may obtain information about you and other data subjects from third party service providers, such as due diligence platforms.
  3. The provision of certain personal data is mandatory in order for the Business to comply with mandatory client due diligence requirements and consequently to provide the Services.  You warrant on a continuous basis that such personal data is accurate, complete and up to date.  Failure to comply may result in documents being rejected by the relevant certification authorities, held invalid in the destination country or other difficulty to successfully completing the Services.
  4. In relation to personal data of data subjects you warrant to the Business on a continuous basis that:
    1. where applicable, you are authorised to share such personal data with the Business in connection with the Services and that wherever another data subject is referred to, you have obtained the explicit and demonstrable consent from all relevant data subjects to the inclusion and use of any personal data concerning them;
    2. to the extent this is required in connection with the Services, such personal data is accurate, complete and up to date; and
    3. either you provide your explicit consent and warrant that each data subject has provided explicit consent for the transfer of personal data to foreign organisations in connection with the Services as set out at paragraph 11, or that an alternative legal gateway for such transfer (such as transfer necessary for the conclusion or performance of a contract concluded in the interest of the data subject) has been satisfied.

How do we use your personal data?

  1. The Business will only process personal data, in accordance with applicable law, for the following purposes:
    1. responding to your queries, requests and other communications;
    2. providing the Services, including, where applicable, procuring acts from foreign organisations;
    3. enabling suppliers and service providers to carry out certain functions on behalf of the Business in order to provide the Services, including webhosting, data storage, identity verification, technical, logistical, courier or other functions, as applicable;
    4. ensuring the security of the Business and preventing or detecting fraud;
    5. administering our Business, including complaints resolution, data analysis, testing of new features, research, statistical and survey purposes;
    6. developing and improving our Services;
    7. complying with applicable law, including any code of conduct or practice rules for notaries, guidelines and regulations or in response to a lawful request from a court or regulatory body.

The legal basis for our processing of personal data for the purposes described above will typically include: 

  • processing necessary to fulfil a contract that we have in place with you or other data subjects, such as  processing for the purposes set out in this paragraph 10;
  • processing necessary for our or a third party’s legitimate interests, such as  processing for the purposes set out in paragraphs (a) - (f) above, which is carried out on the basis of the legitimate interests of the Business to ensure that Services are properly provided, the security of the Business  and the proper administration of the Business; and
  • processing necessary for compliance with a legal obligation to which we are subject, such as  processing for the purposes set out in paragraph (g) above; and
  • any other applicable legal grounds for processing from time to time.

Disclosure of personal data

  1. There are circumstances where the Business may wish to disclose or is compelled to disclose your personal data to third parties.  These scenarios include disclosure to:
    • suppliers and service providers to facilitate the provision of the Services, including  couriers, translators, IT consultants and legalisation and other handling agents, webhosting providers, identity verification partners (in order to verify your identity against public databases), consultants, for example, in order to protect the security or integrity of our business, including our databases and systems and for business continuity reasons;
    • public authorities to carry out acts which are necessary in connection with the Services, such as the Foreign Office;
    • foreign organisations to carry out acts which are necessary in connection with the Services, such as Embassies, Consulates and High Commissions;
    • professional organisations exercising certain public functions in relation to the notaries profession, such as Chambers of Commerce;
    • successor or partner legal entities, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event relating to a Business. In the case of a merger or sale, your personal data will be permanently transferred to a successor company;
    • public authorities where we are required by law to do so; and
    • any other third party where you have provided your consent.

International transfer of your personal data

  1. We may transfer your personal data to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes set out above.  In particular, your personal data may be transferred to foreign organisations such as foreign Embassies located in the UK or abroad.  Such organisations will process personal data in accordance with the laws to which they are subject and international treaties over which the Business has no control.
  2. If the Business transfers personal data to private organisations abroad, such as subcontractors, it will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means. 

Retention of personal data

  1. Your personal data will be retained for as long as is reasonably necessary for the purposes listed above or as required by the law.  For example, the Notaries Practice Rules require that that notarial acts in the public form shall be preserved permanently.  Records of acts not in public form shall be preserved for a minimum period of 12 years.  Please contact us for further details of applicable retention periods.  Personal data may for reasons of security and convenience be stored on remote data facilities but in an encrypted form.

Security of personal data

  1. The Business will implement technical and organisational security measures in order to prevent unauthorised access to your personal data.
  2. However, please be aware that the transmission of information via the internet is never completely secure.  Whilst we can do our best to keep our own systems secure, we do not have full control over all processes involved in, for example, your use of our website or sending confidential materials to us via email, and we cannot therefore guarantee the security of your information transmitted to us on the web.

Data subject rights

  1. Data subjects have numerous rights in relation to their personal data.  For further information about your data protection rights please visit the ICO website: https://ico.org.uk.
    • Right to make a subject access request (SAR).  Data subjects may request in writing copies of their personal data by using any of them methods listed in paragraph 2 above.  However, compliance with such requests is subject to certain limitations and exemptions and the rights of other data subjects.  Each request should make clear that a SAR is being made.  You may also be required to submit a proof of your identity and payment, where applicable.
    • Right to rectification.  Data subjects may request that we rectify any inaccurate or incomplete personal data by using any of them methods listed in paragraph 2 above. 
    • Right to withdraw consent.  Data subjects may at any time withdraw their consent to the processing of their personal data carried out by the Business on the basis of previous consent by using any of them methods listed in paragraph 2 above.  Such withdrawal will not affect the lawfulness of processing based on previous consent.
    • Right to object to processing, including automated processing and profiling.  The Business does not make automated decisions.  Right to erasure.  Data subjects may request that we erase their personal data by using any of them methods listed in paragraph 2 above.  We will comply, unless there is a lawful reason for not doing so.  For example, there may be an overriding legitimate ground for keeping the personal data, such as, our archiving obligations that we have to comply with.
    • Restriction.  Data subjects may request that we restrict our processing of their personal data in various circumstances.  We will comply, unless there is a lawful reason for not doing so, such as, a legal obligation to continue processing your personal data in a certain way.
    • Right to data portability.  In certain circumstances, data subjects may request the controller to provide a copy of their personal data in a structured, commonly used and machine readable format and have it transferred to another provider of the same or similar services.  To the extent such right applies to the Services, we will comply with such transfer request.  Please note that a transfer to another provider does not imply erasure of the data subject’s personal data which may still be required for legitimate and lawful purposes.
    • Right to lodge a complaint with the supervisory authority.  We suggest that data subjects contact us about any questions or complaints in relation to how we process personal data.  However, each data subject has the right to contact the relevant supervisory authority directly which is the United Kingdom is the Information Commissioner’s Office (https://ico.org.uk).

 

Updated: December 2019