Terms of business and Complaints procedure
Terms of business
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About us
LOPEZ & MORENO ASSOCIATES LTD is a limited liability company registered in England and Wales with number 14623332 and with registered office at 45 Reliance Wharf, Hertford Road, London N1 5EW, England.
We are a firm of Notary Publics and Spanish lawyers ‘Abogados’ specialised in Spanish Law.
Pablo Lopez Robles is an English Notary Public regulated through The Faculty Office of the Archbishop of Canterbury and a Spanish lawyer ‘Abogado' registered at the Law Society of Madrid under number 138786.
Alberto Moreno Copa is a Spanish lawyer ‘Abogado’ registered at the Law Society of Madrid under number 83002.
Our telephone number is +44 (0)20 7088 8415.
Our website is www.lopez-moreno.com. Our general enquiry email is info@lmlegal.co.uk.
Our VAT registration number is 464 2031 20.
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Our office premises are based at 120 Moorgate, London EC2M 6UR, UK.
We are happy to attend clients in person at our office, o for an agreed fee, attend clients’ offices and addresses anywhere in Greater London or, in special circumstances farther away.
Office hours
Our office hours are Monday to Friday 9:00 am to 6:00 pm. In exceptional circumstances we may see you outside of normal office hours at an additional fee.
Fees
Please refer to information on our website and contact us for a quote.
Payment terms
Our fees must normally be paid prior to our releasing the completed documentation or within 7 days of issue for an ongoing instruction. If payment is delayed we reserve the right to charge interest at 8% per year. We will not be able to continue working on your matter until payment has been made in full.
We reserve the right not to perform any further work in relation to your Instruction until we have received full payment of any interim invoices sent to you. We cannot be held liable for any losses you may suffer as a result of our exercising this right.
For the payment of invoices and money on account of costs, we accept bank transfers or cash. However, please note we cannot accept cash payments in excess of £500 in any one 28 day period.
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Services Information
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As a notary public, we offer a comprehensive range of services to authenticate and certify documents for use abroad. Our primary role involves verifying the authenticity of signatures, authorities, and capacities related to various documents, ensuring their acceptance in foreign jurisdictions.
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Services Provided:
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- Authentication of Personal Documents: This includes notarising powers of attorney, affidavits, and statutory declarations for individuals engaging in international matters such as property transactions, legal proceedings, or personal affairs abroad.
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- Certification of Educational Qualifications: I certify academic certificates and transcripts, facilitating their recognition by educational institutions or employers overseas.
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- Corporate Services: For businesses, I authenticate company documents, including certificates of incorporation, board resolutions, and commercial contracts, to support international operations and compliance.
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- Adoption and Marriage Documentation: Notarising documents related to international adoptions and marriages, ensuring their validity and acceptance in the concerned foreign jurisdictions.
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Typical Completion Times:
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The duration to complete notarial services varies based on the complexity and specific requirements of each case:
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- Standard Notarisation: For straightforward documents, the notarisation process can often be completed within a single appointment lasting approximately 15 to 30 minutes.
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- Legalisation (Apostille) Services: If your documents require an Apostille from the Foreign, Commonwealth and Development Office (FCDO), the standard processing time may range from 2-4 weeks depending on the business period. However, expedited services are available for an additional fee, which can reduce the processing time to as little as one to two working days.
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- Consular Legalisation: Some countries may require further legalisation by their embassies or consulates. The processing time for this varies depending on the specific embassy or consulate's procedures and workload.
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Please note that these timeframes are approximate and can be influenced by factors such as document complexity, specific country requirements, and current processing times at relevant authorities. We are committed to providing efficient and timely services and will keep you informed throughout the process.
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For more detailed information or to discuss your specific requirements, please contact us directly.
Data Protection and Privacy
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​Please refer to information on our website.
Money Laundering regulation
We are obliged under the Money Laundering Regulations to take measures to protect against fraud and forgery. To ensure that we comply with this you acknowledge and agree that:
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We may make all such enquiries as we deem necessary or appropriate in order to comply with our duties, and
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You will provide us with such documents and information as we may request.
Your failure to do so will entitle us to terminate our retainer and cease acting for you forthwith.
If, in the course of acting for you, we discover or suspect, or have reasonable grounds for knowing or suspecting that any person is engaged in money laundering we may, and in some cases will be required to, disclose this information to the to the National Crime Agency. Depending upon the particular circumstances of the case, we may not be able to tell you that such a disclosure has been made or the reasons for it.
Proof of identity / corporate authority
We will need you to produce by way of formal identification the original of:
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Your current passport; and
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Proof of address such as utility bills bank statements or credit card statement that should not be more than 3 months old, council tax bill or UK photo driving licence;
In some circumstances, we may require you to produce two forms of identification with a photograph of you, such as a driving licence or passport.
You must also bring any other means of identification that may be referred to in the papers sent to you as being required such as a foreign identity card. We may also ask to see further evidence of identity such as marriage certificates etc. and we will be happy to advise exactly what will be required in any particular case.
If you act on behalf of a company or organisation, we will need to establish that it exists and that the signatory has authority to represent it. We generally conduct our own checks on United Kingdom based entities. In some cases (particularly for companies or organisations established overseas) we may ask you to produce a certificate of incorporation, good standing certificate or other similar evidence.
If certification of the signatory’s authority to represent a company or organisation is required, we will need to review additional documentation, for example:
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constitutional documents (e.g. the Articles)
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a power of attorney
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board resolutions
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authorised signatory book (in the case of banks)
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extract from a commercial register (generally for foreign companies)
Information for notarial work
1. Why a notary?
It is almost always the case that you have been asked to see a notary because you have a document that needs to be used abroad. Seeing a notary is never a mere rubber-stamping exercise. The international duty of a Notary involves a high standard of care. This is not only towards the client but also to anyone who may rely on the document and to Governments or officials of other countries. These people are entitled to assume that a Notary will ensure full compliance with the relevant requirements both here and abroad; and to rely on the Notary’s register and records. Great care is essential at every stage to minimise the risks of errors, omissions, alterations, fraud, forgery, money laundering, the use of false identity, and so on.
We offer appointments during business hours and occasionally outside of business hours in exceptional circumstances. We are also prepared to make home visits or visit corporate clients at their place of business. If the notarial appointments take place outside of our office we will make an additional charge to cover travelling time and expenses.
2. Signatures:
The Notary should normally witness your signature. Please do not sign the document in advance of your appointment with me.
3. Papers to be sent to me in advance:
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It will save time, expense and mistakes if you can let me have the following originals or photocopies as long as possible before the appointment:
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The documents to be notarised;
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Any letter or other form of instruction which you have received about what has to be done with the documents;
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Your evidence of identification.
4. Identification:
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The day of the signature meeting, we will need you to produce by way of formal identification the original of (in preferred order):
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Your current passport; and
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A utility bill, which should not be more than 3 months old or council tax bill;
In some circumstances, we may require you to produce two forms of identification with a photograph of you, such as a driving licence or passport.
You must also bring any other means of identification that may be referred to in the papers sent to you as being required such as a foreign identity card. We may also ask to see further evidence of identity such as marriage certificates etc. and will advise you of this if necessary.
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5. Proof of names:
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In a case where the name on the document is different from the name you are currently using, or there has been a variation in the form of spelling of the name over the years, please provide me with as appropriate Certificates of Birth, Marriage, Divorce Decree or Change of Name Deed showing all the different names that you use. If there has been a change of name, then we will need to see a copy of the Deed Poll or Statutory Declaration, which dealt with it.
6. Advice on the document:
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If you bring a document to me for notarisation as a Notary, we will advise you as to the formalities required for completing it. However, we will not be attempting to advise you about the transaction itself.
7. Written Translations:
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It is essential that you understand what you are signing.
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If the document is in a foreign language, which you do not understand sufficiently, we may have to insist that a translation be obtained. If we arrange for a translation, a further fee will be payable and we will provide you with details of this.
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If you arrange for a professional translation, the translator should add his/her name, address, relevant qualification, and a certificate stating: “Document X is a true and complete translation of document Y, to which this translation is attached.”
8. Oral Interpreter:
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If you and we cannot understand each other because of a language difficulty, we may have to make arrangements for a competent interpreter to be available at our interview and this may involve a further fee.
9. Companies:
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If a document is to be signed by you on behalf of a company there are further requirements on which we may have to insist.
In each case:
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Evidence of identity of the authorised signatory (as listed above).
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A Letter of Authority, Minute, Resolution or Power of Attorney, authorising you to sign the document.
Additionally, companies: Certificate of Incorporation and of any Change of Name, a copy of the Memorandum and Articles of Association, details of directors and secretaries. In all instances, we will be carrying out various company searches, which may have an effect on the level of fees charged.
10. Notarial charges and expenses:
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Details of our charges are set out in these terms of business.
Charges: If the matter is simple, we will charge a fixed fee provided to you in advanced with a breakdown of disbursements such as legalisation fees, postage, courier fees, travelling expenses, translating costs, and so on.
For more complicated or time-consuming matters, the fee will be based on our hourly rate of £320 [+ VAT@20%]. The time charged includes: the initial instruction, providing you with advice, drafting documents, attending meetings, phone calls, e-mails, legalisation, entering/ maintaining information in the Notarial Register and Protocol.
11. Typical Stages of a notarial transaction:
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Each notarial matter is different and the requirements will vary according to whether the client is a private individual or a company. Some of the typical key stages are likely to include:
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Receiving and reviewing the documents to be notarised together with any instructions you may have received.
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Liaising with your legal advisors or other bodies to obtain the necessary documentation to deal with the document (e.g. information from Companies House or foreign registries, powers of attorney etc.)
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Checking the identity, capacity and authority of the person who is to sign the document.
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If a document is to be certified, checking with the issuing authorities that the document is genuine.
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Meeting with the signatory to verify their identity and to ascertain that they understand what they are signing and that they are doing so of their own free will and ensuring that the document is executed correctly.
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Drafting and affixing or endorsing a notarial certificate to the document.
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Arranging for the legalisation of the document as appropriate.
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Arranging for the storage of copies of all notarised documents in accordance with the requirements of the Notarial Practice Rules 2019.
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12. Notarial Records and Data Protection:
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When we carry out our work for you, we are required to make an entry in a formal register, which is kept by us as a permanent record. We will retain a copy of the notarised documentation or in some circumstances the original, with that record. Our practice is registered with the Information Commissioner’s Office. Personal data received from clients is held securely and not capable of being accessed externally. Data collected as part of notarial records is used solely for the purposes of meeting our professional legal responsibilities as Notaries Public. For full details of our privacy notice please see our website: www.lopez-moreno.com
Record keeping and storage of documents
We have a legitimate interest in retaining copies of your identification documents, your file and a copy of the notarial act produced. This will assist us in providing you with a proper service or in dealing with a complaint. It is also a requirement under the Notarial Practice Rules 2019.
Termination of retainer
Your right to cancel: You may terminate your instruction in writing at any time, and we shall invoice you for the work done up to that time at the hourly rate stated. We shall not release your file to you or any third party until any final bill has been paid in full and you have completed all necessary documents in order to release us from any obligations to you, the court or a third party.
Upon the termination of your Instruction for any reason you will promptly pay in full all outstanding fees and expenses as incurred up to and including the date of termination together with all fees and expenses as incurred through any continuing obligation to you, the court or any third party.
Termination by us: We reserve the right to terminate our engagement by you if we have good reasons to do so, for example if you do not pay a bill or comply with our request for a payment on account or if you fail to give us the cooperation which we are reasonably entitled to expect.
Right to cancel in the event of off-premises retainers
If you have agreed to an off-premises retainer, you have a right to cancel this Agreement for a period of fourteen (14) days commencing on the date on which this Agreement is concluded or the date on which you receive this Agreement (whichever is later) (the “Cancellation Period”). Should you wish to cancel this Agreement within the Cancellation Period, you should send notice in writing or electronically to the addresses found in contact us section of our website. If you want us to do work urgently, you can ask us in writing to start working immediately. This request means you must pay for services incurred such as instructions and correspondence even if the contract is later cancelled. The payment amount will be calculated for the services provided before cancellation on the basis of the total agreed price. You will lose your right to cancel the service contract if the service has been fully performed at your request and you have acknowledged that you would lose your right to cancel once the contract had been completed.
Ceasing acting for you
Under the UK’s sanctions regime we are required to carry out checks and risk assessments when undertaking work.
If at any time you or any other party directly or indirectly involved in your instruction become a designated person under the UK sanctions regime or we are not satisfied with the information or evidence provided regarding the relevant details of the parties, purpose of the work or source of funds, we retain our right to cease acting for you terminating our retainer, we will inform you accordingly if we do so, even if we carried out some or most of the work or if the transaction is time sensitive.
You agree that a long as we have a ‘good reason’ to terminate our retainer (Buxton v Mills-Owens [2010] EWCA Civ 122) you will not be entitled to make any claims against us or receive any compensation from us as a result of any damages you may suffer due to us terminating our retainer.
Liability
Our notarial practice maintains professional indemnity insurance at a level of £1,000,000.00 per claim. It is a condition of our acting for you as Notary Publics that the limit of our total liability in the event of a claim made against us shall be £1,000,000.00.
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Complaints procedure
We aim to provide all clients with an efficient and high standard of service. However, in the unlikely event that you should wish to complain, then you should follow the complaints procedure set out below.
As stated above, our notarial practice is regulated through the Faculty Office of the Archbishop of Canterbury:
The Faculty Office
1, The Sanctuary
Westminster
London SW1 3JT
Telephone: 020 7222 538
Email: faculty.office@1thesanctuary.com
Website: www.facultyoffice.org.uk
If you are dissatisfied about the notarial service you have received, please do not hesitate to contact us in the first instance. You shall contact the Notary Pablo Lopez Robles and we will do all we can to resolve the issue.
If we are unable to resolve the matter you may then complain to the Notaries Society of which Pablo Lopez Robles is a member, who have a Complaints Procedure which is approved by the Faculty Office. This procedure is free to use and is designed to provide a quick resolution to any dispute.
In that case please write (but do not enclose any original documents) with full details of your complaint to:
The Secretary of The Notaries Society
P O Box 1023
Ipswich IP1 9XB
Email secretary@thenotariessociety.org.uk
If you have any difficulty in making a complaint in writing, please do not hesitate to contact the Notaries Society/the Faculty Office for assistance.
Finally, even if you have your complaint considered under the Notaries Society Approved Complaints Procedure, you may at the end of that procedure, or after a period of 8 weeks from the date you first notified me that you were dissatisfied, make your complaint to the Legal Ombudsman, if you are not happy with the result:
Legal Ombudsman
P O Box 6167
Slough SL1 0EH
Tel : 0300 555 0333
Email : enquiries@legalombudsman.org.uk
Website : www.legalombudsman.org.uk
If you decide to make a complaint to the Legal Ombudsman, you must refer your matter to the Legal Ombudsman within one year from the act/omission or within one year from when you should reasonably have known there was cause for complaint.
Law and jurisdiction
The terms of our appointment (including these Terms of Business) are governed by and construed in accordance with English law. You and we hereby irrevocably submit to the non-exclusive jurisdiction of the English courts in respect of any claim, dispute or difference of whatever nature concerning our appointment and arising from it.
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