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For those who are Notaries

 

Inspections of Notarial Practices: The Notaries Practice Rules 2014 came into force on 1st May 2014. On the same date, regulations governing a new regime of inspections, the Notaries (Inspections) Regulations 2014, also took effect. Under Regulation 6, the Master shall approve, from time to time, the format of the Inspectors’ questionnaire. Click on this link to download the November 2015 version: Questionnaire to be completed by Inspector.

The Inspectors’ annual report is available to read on the Faculty Office website, on our page about how the Notarial profession is regulated. Practising Notaries are encouraged to read the Inspectors’ report.

 

Insurance: Notaries should ensure that their insurance policies (both Professional Indemnity and Fidelity cover) include their work as a Notary.

 

Complaints procedure – wording for clients: The Prescribed form of Complaints Wording (which must be provided by Notaries to their clients) can be downloaded here. Please note that (as of December 2013) the format has been updated to take account of the new postal address for the Legal Ombudsman.

 

Anti Money Laundering: Draft Money Laundering Guidance September 2017 (Guidance for the Legal Sector) and The Notaries (Prevention of Money Laundering) Rules 2008: Notaries must be familiar with and follow the Guidance.  The guidance is marked ‘draft’ because it awaits formal approval by HM Treasury.

 

Statement of Professional Independence: The form of wording for a Notary’s annual statement of professional independence to his/her employer can be downloaded here; this is a requirement of the Notaries Practice Rules 2014.

 

Restrictive covenants in employment contracts: The Master was recently asked to provide a direction in the case of a notary, also practising as a solicitor and employed as such by a firm of solicitors, who had been requested by the notary’s employers to agree to certain restrictive covenants contained in a contract of employment to be issued by the firm of solicitors. Guidance derived from the Master’s ruling can be downloaded here; this discusses issues arising under rules 3, 4, 7 and 11 of the Notaries Practice Rules 2014.
Accountant’s Report: The Form and Check List for the Accountant’s Report can be found here.

 

Certificate of Professional Status / Certificate of Authentication: A Notary, client of a Notary, or other appropriate person may request the Faculty Office to produce a Certificate of Professional Status or a Certificate of Authentication. A Certificate of Professional Status will give the name of a particular Notary on the roll of Notaries and confirm his/her professional status. A Certificate of Authentication, for which there is a fee of £70.00, will give the same particulars as a Certificate of Professional Status but, upon a specific document being produced, the Registrar will additionally certify that the signature on that particular document matches the signature of the Notary in question which is entered in the Notary’s entry in the roll-book.