Important Information


Legal Advice Proof of Identity Documents for Companies Authentification of Original Documents False Documents Fees Complaints Data Protection Privacy Notice


Legal Advice

Most documents which require notarisation are for use in foreign jurisdictions. For this reason, if a Client has significant questions about the drafting, meaning or purpose of a document, I will normally advise that these be resolved with the Lawyer who drafted the document before it is signed, or with another Lawyer practising in that jurisdiction. In some cases I can provide details of foreign Lawyers practising in the UK or in the relevant foreign jurisdiction.
I can advise on the notarisation process, requirements for legalisation (see below) and help arrange the delivery of documents. My colleagues at DMH Stallard can advise on the English law aspects of commercial and private transactions. I can also put Clients in touch with Lawyers in most European and some other countries through LE International (lei-network.com )

If you are uncertain about any aspect of the Notarial process, or any document you will be signing, please ask. As indicated above, I cannot normally advise on the legal requirements of or draft documents for use in a foreign jurisdiction, but will try to help in contacting a lawyer who can assist.

Back to top

Proof of Identity

Unless you are a regular Client, I shall require proof of identity (usually a current passport) and of address (recent utility bill, bank statement or similar) when we meet. If possible, please bring copies with you (passport, identification page only).

Back to top

Documents for Companies etc

If you are signing a document on behalf of a Company, Charity or other organisation, I will need to check that you have authority to do so (e.g. a company resolution). In the alternative, I will carry out a company search; this may cause some delay and result in an additional fee.

Please ask for advice, if you need it, when making an appointment.

Back to top

Authentification of Original Documents

If you need me to certify the authenticity of an original document (academic or professional certificates, etc.), I will need time to contact the relevant institution. Again, if you can raise this when making an appointment, this may save time for us both. Please note that response times vary widely, and some bodies may take up to two weeks to reply, when asked to confirm the authenticity of a document. In some cases it may be necessary to go through this process when I am asked to certify copies of original documents, if the foreign organisation to which you will be sending the certified copy requires this.

Back to top

False Documents

Notarised documents may be intended for use in important legal transactions, or to confer powers on third parties. Some Notaries have had recent experience of false or forged documents being produced to them. I therefore reserve the right to check the authenticity of any document should I feel it necessary to do so before signing or releasing it. This may also apply to documents proving identity.

Back to top

Fees

I will charge on a set fee basis for notarising documents and arranging legalisation or authentification. For drafting documents, detailed advice, travel to appointments, liaison with other lawyers etc. I will normally charge on a time basis. I do not charge VAT. Please ask about fees when making your appointment.

Fees are payable at the time of the appointment, by cash or cheque, unless we have agreed other arrangements.

Back to top

Complaints

Please download and read this document and keep a copy for your records.

Back to top

DATA PROTECTION PRIVACY NOTICE

  1. The business of A J R Allen of 31 Bushby Avenue, Rustington, West Sussex, BN16 2BX trading as A J R Allen, Notary Public (“The Business”). The Business is registered with the Information Commissioner’s Office (“ICO”) under number ZA 145382.
  2. If you have any questions about this privacy notice (“Notice”), please contact us by email.
  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 including access to our website and online features (“Services”).
  4. We will let you know, by posting on our website or otherwise, if we make any changes to this Notice from time to time. Your continued use of the Services after notifying such changes will amount to your acknowledgement of the amended Notice.
  5. 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”) 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 & 8.
  6. 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 or 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.
  7. 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. If you use our online Services, the Business may collect information about
  8. 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.
  9. 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 12, 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?

  10. 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. allowing you to use features on our website, when you choose to do so 
    5. ensuring the security of the Business and preventing or detecting fraud;
    6. administering our Business, including complaints resolution, troubleshooting of our website, data analysis, testing of new features, research, statistical and survey purposes;
    7. developing and improving our Services;
    8. complying with applicable law, including Notary Practice Rules, guidelines and regulations or in response to a lawful request from a court or regulatory body.
    9. The legal basis for our processing of personal data for the purposes described above will typically include: 

      1. 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 paragraphs (a), (b), (b) and (d);
      2. your consent, such as processing for the purposes set out in paragraph Error! Reference source not found. ;
      3. processing necessary for our or a third party’s legitimate interests, such as  processing for the purposes set out in paragraphs (a), (b), (b), (e), (f) and (g), 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 its clients and the proper administration of the Business; and
      4. processing necessary for compliance with a legal obligation to which we are subject, such as processing for the purposes set out in paragraph (h).and
      5. any other applicable legal grounds for processing from time to time.

    Disclosure of personal data

  11. 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:
    1. our subsidiaries or associated offices;
    2. our 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;
    3. public authorities to carry out acts which are necessary in connection with the Services, such as the Foreign Office;
    4. foreign organisations to carry out acts which are necessary in connection with the Services, such as Embassies, Consulates and High Commissions;
    5. professional organisations exercising certain public functions in relation to the notaries profession, such as Chambers of Commerce;
    6. 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;
    7. public authorities where we are required by law to do so; and
    8. any other third party where you have provided your consent.

    International transfer of your personal data

  12. 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.
  13. 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. You may contact us for a copy of such safeguards in these circumstances.
  14. Retention of personal data

  15. 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.
  16. We may keep an anonymized form of your personal data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.
  17. The Business will implement technical and organisational security measures in order to prevent unauthorised access to your personal data.
  18. 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.
  19. Data subject rights

  20. Data subjects have numerous rights in relation to their personal data. For further information about your data protection rights please
    1. Right to make a subject access request (SAR). Data subjects may request in writing copies of their personal data. 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.
    2. Right to rectification. Data subjects may request that we rectify any inaccurate or incomplete personal data. 
    3. 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. Such withdrawal will not affect the lawfulness of processing based on previous consent.
    4. Right to object to processing, including automated processing and profiling. The Business does not make automated decisions The Business may use third party due diligence platforms which provide recommendations about data subjects by automated means. We will comply with any data subject’s objection to processing unless we have a compelling overriding legitimate ground for the processing, the processing is for the establishment, exercise or defence of legal claims or we have another lawful reason to refuse such request. We will comply with each valid opt-out request in relation to marketing communications.
    5. Right to erasure. Data subjects may request that we erase their personal data. 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.
    6. 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.
    7. 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.
    8. 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.

    18 May 2018

Back to top