Directions and Guidance
The Faculty Office issues directions to clarify rules. It also offers guidance. Guidance is often based on feedback from the reports of the Inspectors but might address practical issues following rule changes such as the price (transparency) information requirements (see below) which came into force in December 2019.
There are also links to useful external websites and information such the Guide issued by the Legal Ombudsman to handling complaints.
Restrictive covenants in employment contracts:
The Master was 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.
The Faculty Office has issued guidance notes on topics which have been identified by the Inspectors although a new guidance note would also be issued, for example, to cover practical aspects of key rule changes.
When a new Guidance Note is completed (or updated) it is posted as news and emailed to all the profession but it is also published on this page:
All directions and guidance issued
- Notaries Enforcement GuidanceThe Faculty Office has issued guidance setting out how it exercises discretion in dealing with deficiencies when carrying out risk assessments. The guidance seeks to promote consistency, transparency and fairness in our administrative and enforcement processes and provides a basis for our decision making.
- LSAG Updated AML Guidance
- Covid-19: Guidance on remote notarisationThe Faculty Office has issued guidance to assist notaries in determining whether it is appropriate to authenticate the signing or execution of a document remotely using video conference technology at a time when social distancing measures apply such as to preclude meeting individuals in person.
- Spot Check – Price InformationOn 2 December 2019 Rule 14.2 of the Notaries’ Practice Rules 2019 came into force requiring all notaries publicising their practice via a website to ensure that clear information on pricing, redress, service, complaints and regulatory information was available for the public to access on their websites. In advance of this the Faculty Office reviewed […]
- Anti Money Laundering (AML) Risk Assessment ReviewAs part of the practice certificate renewal application for 2020, the Faculty Office required notaries to submit a copy of their practice risk assessment. All notaries are required to complete a risk assessment under Regulation 18 of Money Laundering and Terrorist Financing Regulations 2017 (“MLR 2017”). At the start of 2020 the Faculty Office undertook […]
- Price Transparency Briefing NoteNote 3 deals with the new practice rules on price and service transparency which come into force on 2 December. Link to briefing note
- Anti-money LaunderingNote 2 is on Anti-money Laundering. Guidance Note 2: Anti-money Laundering (Chapter 10) We are launching a series of Guidance Notes on the Code of Practice offering guidance on notarial practice based on the feedback from the Notary Inspections. Note 1 (link below) is on record keeping and file storage. Guidance Note 1: Record keeping […]