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Home > TERMS &
CONDITIONS
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Terms & Conditions
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.
11. 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 Hong Kong 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.
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