The following general terms will apply to all matters handled on behalf of clients unless otherwise agreed in writing.
1. Instructions
Clients are asked to supply us with clear instructions, including all relevant background information, at the outset and as the matter continues.
Company clients should nominate one individual who is authorized to give instructions on the company’s behalf in relation to each matter.
2. Basis of Charging
Notary fees are regulated by the Notaries (Fees and Costs) Regulations 1995. Other than that fees are assessed mainly by reference to the time spent on the matter, on the basis of hourly charging rate. Details of the hourly rates applicable to any particular matter are available on request. Detailed computerized records are kept of all time spent on each file.
In accordance with Notarial practice guidelines (which stipulates 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 works, legal advice correspondence and attendance .
3. Estimates
It is usually difficult to estimate what work will be necessary to complete a matter, bearing in mind the variety of circumstances which may arise. We are always willing however, upon request, to give non-binding estimates as to the various stages of each matter, to the best of our ability.
4. 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. Such funds are held in our Client’s Account until such time as an invoice is submitted or a payment made on a client’s behalf.
5. Fee Notes
Fees are normally due for settlement on completion of work or prior to release of completed documentation.
Fee notes must be settled within 7 days or, if requested, immediately if further work on the matter is required. Any queries concerning a fee note should be raised immediately upon receipt.
In the event of payment not being made as requested, we reserve the right to decline to act 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 at 4% per annum above Barclays Bank Base Rate from time to time in force, is chargeable from the date of the invoice on invoices outstanding for more than 7 days.
6. Liability for Payment
Where a client requests that a fee note is to be paid by a third party on behalf of a client and such third party does not pay the fee note within 7 days of issue of the Fee note the instructing client will immediately be liable to discharge that fee note.
7. Quality of Service
It is our aim to provide a good service to clients. Any client who has cause for dissatisfaction or complaint should immediately notify us.
8. Confidentiality
We attach great importance to dealing with clients’ affairs at strict confidence and in accordance with our ethical obligations. However, the professional body regulating Notarial Practice has rights of inspection to ensure good practice and
conduct.
9. Foreign Law
We do not advise on foreign law but act in an evidential, authentication capacity.
10. Rights of third parties
Save as otherwise specifically agreed, the firm accepts no liability for the rights of third parties resulting from any Notarial act or other legal services provided.
In order to ensure the high standard of Notarial acts and other legal services our Legal Counsellor or Notary is required to obtain proof (to his discretion and satisfaction), of identity, and represented legal capacity and authority, clients understanding of documentation, interpretation or translation into or from other languages, effectiveness of documentation, validity, signature and witnessing, observance of required formalities both in Seychelles and abroad and the requirements in some cases of the Ministry of Foreign Affairs and/or any relevant consular or similar authorities.
In the case of individuals, proof may be required with production of appropriate certificates where applicable of birth, baptism, marriage, divorce, change of name, or statutory declaration.
Individuals should produce a current identification document (i.e. I.D. Card, a current passport or in exceptional cases, other proof of similar validity and reliability, which may include identification by third parties known both to the individual and the Counsel or Notary, together with a recent utilities bill to confirm current address.
In the case of companies, details of the proof and information required, depending on the circumstances and service required, should be discussed in advance with the Counsel and Notary. |
