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home page of the law firm of kevin michael burke, attorney & notary frequently asked questions about our notary services? i only have one document. what are your notarisation fees for one document? please note we do not charge on the basis of the number of documents or notary stamps. we charge on the basis of time spent at £215 per hour or part thereof. there is a minimum fee of £75.00. vat is not charged. where a notary matter can be completed in 20 minutes we charge a fee of £75.00. otherwise our notary fee is based on time spent at £215.00 per hour. for example, where 28 minutes are spent our fee would be £100.33. if for any reason i need to travel to you, any travel time is charged at the above hourly rate. what does the notary do in a notarisation? a notary cannot simply stamp whatever document is presented. the stamp of a notary carries great weight internationally, and reliance is made by parties around the world as well as our regulator that the notary who has placed a stamp on a document has, in addition to making and keeping standard business records, also completed the following: • carried out proper identification checks (this may not be required for previous clients who have used our services in the previous three years). we are required by law to verify the identity of all clients. any notary will request you bring your original passport (with photograph and signature) or your driving licence (if a photograph is included) and one utility bill (not a mobile phone bill) or bank statement from within the last 3 months bearing your name/s and home address. • complied with applicable money laundering regulations, • explained terms of business, and kept copy signed by the client (may not be required for previous clients), • taken steps to determine the client's authority to sign the document (may require proof of corporate status & copies of memo & arts, board minutes, etc.), his or her capacity to understand the document, and that the document is signed voluntarily, • entered client and transaction data on the required notarial register, • made and recorded copies of the notarised document, signed terms of business, instructions from the receiving parties and, • has checked whether an “apostille” may be required from the foreign & commonwealth office (fco) and/or legalisation through an embassy or consulate. it will normally take about 15 or so minutes to complete the above tasks, or less for previous clients. the minimum fee is unlikely to apply where additional tasks have to be undertaken, including but not limited to: • where requested or where necessary, the notary has to amend an existing document provided by the client or third party, or prepare an appropriate new document, • where the notary has to certify and notarise numerous documents, where there is a lot of photocopying, or photocopying of documents larger than a4 (while notaries are normally required to personally make their own photocopies, in the event the size of original documents to be notarised is larger than a4 please make such copies elsewhere beforehand and bring these copies along with the original documents) • where the notary has to take steps to independently verify the authenticity of a document or event (such as where the document to be notarised is a diploma or degree from a uk based university which is to be sent to the fco for an apostille) do i need to sign the documents in the presence of a notary? it is almost always necessary that the notary actually see you sign the document(s). most documents require the notary to certify that you (the appearing person) appeared on a certain date before him or her at a certain location (normally the notary's office), and that the notary was able to identify you on the basis of identification documents produced by you. such documents almost always provide that the notary witnessed you sign the relevant document in his or presence. this is normally required either by english or the applicable foreign law to confirm the formal validity of the document. it is rare that a document required to be notarised does not recite the above. can i use my solicitor to deal with these documents? if your solicitor is also a notary, then he or she can deal with the documents. only acts of notaries are recognised abroad by foreign governments. the acts of solicitors are accepted only in the uk and where such are sent abroad such can cause serious problems. where such solicitors seek to perform a notarisation, such may be a violation of the uk legal services act. we have seen where an english solicitor who was not also a notary signed his name above a preprinted line setting out "name of notary" on a deed for the sale of property abroad. unfortunately, the buyer relied on the deed and transferred the purchase price to the seller on the basis of having received proper title through the invalid "notarised deed". what is an "apostille" and can you provide one to me? an apostille is obtained from the foreign & commonwealth office (fco) and confirms that the person signing (the notary or government official) the notarial act or relevant government document (such as a birth certificate) is in fact authorised to do so. it normally takes three days (but can take up to five) to obtain an apostille. what is a notary? perhaps you don't know what a notary is. this is not uncommon. notaries are in fact both the oldest and smallest branch of the uk legal profession. a notary public's work has historically dealt with the authentication, certification, and execution of documents for use abroad. such documents may relate to overseas property transactions, confirmation of academic degrees, administration of the affairs of people who have died, business transactions in other countries, court proceedings and/or emigration. what is the difference between a notary and a solicitor? in relation to reserved legal activities under the legal services act, both notaries and solicitors are authorised persons for the following reserved legal activities: reserved instrument activities (conveyancing), probate activities, and the administration of oaths. only the solicitor may deal with the exercise of right of audience and the conduct of litigation while only a notary may deal with notarial activities. unlike the duties that solicitors owe to their clients, when a notary public carries out his public duty in a notarisation he is said to also have a responsibility to the transaction itself. in recognition of this, the seal and signature of an english notary public carries more weight than that of a solicitor and is recognised not only by the foreign and commonwealth office , but also by various high commissions, consulates, and embassies in england and throughout the world regardless of the legal systems adopted in various countries. documents required to be completed by you for administrative agencies and/or trading partners abroad often require you specifically use the services of a notary public and not the services of someone who is a solicitor only. i have been a full-time practising lawyer since 1992. after initially qualifying and practising in the united states (florida [1994] & ohio [1992]), i moved to the uk in 1999 and qualified as an english solicitor and practised as such for 11 years. in 2008 i qualified as an english notary public . in 2011 i became a full member of step, the society of trust and estate practitioners and in 2013 received the step advanced certificate in will preparation . not all lawyers and legal service providers are the same. with the deregulation of the legal marketplace following the legal services act 2007 , you need now more than ever to take care in selecting who will provide you legal advice or services. as well as legal work, our firm carries out notarial work for commercial firms engaged in international trade and for private individuals who have dealings in other countries. keeping it simple in the provisi

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