Legalisation in Haiti can be achieve via a 4 step process:

1. Firstly have the document(s) notarised by a Notary Public in London.
2. Once notarised obtain a legalisation certificate or Apostille  from the UK Foreign and Commonwealth Office.
3. Obtain Consular certification from the British Consulate in Belgium.
4. Complete the legalisation  process at the  Haiti Consulate in Belgium.

Please note that as much of this legalisation process take place in Belgium you will be required to deal with matters in French. Therefore if you are not comfortable speaking French or don’t have time for a trip to Belguim we suggest engaging our Notary Public practice to manage the legalisation process on your behalf.  The whole legalisation process can take between 3 to 4 weeks depending on whether the Notary Public client opts for the Standard or Premium Legalisation service at the Foreign and Commonwealth Office.

For further information about Legalisation for Hiati or any other country please contact our helpful legalisation team on matthew@mdpryke-notary.com or 0207355 6000.

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“It is not all bad news!” indicates Matthew Pryke who is the owner of London Notary practice M D Pryke Notary Public. “The OFT did report that the level of compliance had improved markedly when compared to similar investigations from previous years.” 

However despite these improvements the OFT considers there are areas where online retailers continue to fall short. For example the OFT has indicated that 33% of sites appeared to put unreasonable hurdles in the way of statutory rights to refunds. Most commonly this is because of a requirement that a product must be returned in its original packaging or condition. The OFT has indicated that it considers this obligation may restrict a consumer’s reasonable right to inspect a product once delivered.

This report is published hot on the heels of a recent ruling by the European Court of Justice that online retailers cannot rely on providing a hyperlink to online terms and conditions. For retailers to go the full distance the ECJ ruled that businesses must ensure their customers have a permanent, durable written record of the terms and conditions (including cancellation rights) that apply at the time of their order.

For further information about the DSR or the legal compliance required to operate a consumer facing website then please contact our Notary Public in London on 0207 355 6019 or matthew@mdpryke-notary.com. M D Pryke Notary Public is a Notaries practice based on Regent Street in London providing notarial services to clients in Mayfair, the West End of London and central London for further information please visit www.mdpryke-notary.com

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So as a parent what should you do?

Notary Public Tip 1. – Check with the border authorities of the country you intend to travel to and identify any specific paperwork or documentation that needs to be signed or notarised well in advance of your travel date.

Notary Public Tip 2 – Even if there is nothing specified by the country of travel the travelling parent should prudently carry a letter of authorisation signed by the non-attending parent, giving permission for the travel.

Notary Public Tip 3 – Get the letter of authorisation and any other paperwork Notarised and Legalised to ensure that the paperwork will be accepted by the border authorities in which you are intending to travel. Often this will necessitate obtaining an Apostille or legalisation certificate from the Foreign and Commonwealth Office.

It’s it often the case that you won’t be asked to present the documentation. However we advise Notary clients that it is better to have the documentation and not need it than encounter an issue whilst crossing a border. At our London Notary Public practice we have many drafted letters of consent for many of our clients. We are more than familiar with the requirements that a country may impose and happy to assist with drafting, notarisation and legalisation as required by our Notary clients.

We believe the key is to take proactive steps to ensure that uncomfortable challenges with border agencies are avoided. For further information about travelling with children abroad or the services offered by our Notary Public practice please contact us on 0207 355 6000 or matthew@mdpryke-notary.com

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FCO postal service

The FCO has indicated that approximately 60% of customers already submit their applications for legalisation via post. For these customers the new legalisation procedure is intended to provide benefits as the target turn around time for “straight forward applications” is planned to be 24 hours rather than the previous 48 hours.  However the experience of a number of our notary clients is that this reduced service time for obtaining Apostilles has not been consistently maintained since introduction at the beginning of April 2011.

FCO Public Counter

As approximately 30% of customers travelled in person to submit their applications via the Legalisation public counter these customers have had this service removed from them.  The alternative for these customers is to use a legalisation agent such as M D Pryke Notary Public LLP.  Registered legalisation agents still have a business counter service available to them so that documents can be delivered, legalised and collected within the same day.

FCO Premium Service

This service remains unaffected.  This service is only open to registered businesses. Therefore individuals looking to take advantage of this efficient service should engage the services of a legalisation agent such as London Notary Public Matthew Pryke.

Apostille Fees

In addition to increasing the legalisation fees the FCO are also encouraging on-line payments as a more convenient and cost-effective method.  Notary clients applying to the Milton Keynes office will still be able to pay by bankers’ draft, postal order and business cheques.  However if the amounts are incorrect or a document within a batch of documents are not entirely correct then the whole matter will be rejected by the FCO and returned to the client.

Given the changes which have been introduced by the Foreign and Commonwealth Office many more notary clients are taking advantage of the cost effective legalisation services offered by London notaries.  The ability for Notary Public practices to provide certainty regarding timings and cost is not only appealing to most clients but absolutely essential.

For further details of the legalisation and notarial services offered by London Notary Public practice M D Pryke Notary Public LLP or for further information on how to get documents legalised please refer to the website at www.mdpryke-notary.com.

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FCO legalisation fees increase

From 6 April 2011 the Foreign and Commonwealth Office increased the legalisation charges to:

£30.00 per document for its standard service (via its legalisation office in Milton Keynes).

£75.00 per document for its express service (via its London legalisation office at Centre Point).

These legalisation fee increases are a material consideration for all clients.  London notaries advise clients to plan in advance, if possible, legalisation requirements as this can often allow clients to achieve a saving.  For example a Notary can use the Foreign and Commonwealth Office standard service which generates a £45 saving per notarised document.

Foreign and Commonwealth Office legalisation public counter closed

From 1 April 2011 members of the general public have been unable to attend the Foreign and Commonwealth Offices in Milton Keynes.  Members of the public are required to use a postal service.  This means urgent matters cannot be hand delivered.  As legalisation agents, M D Pryke Notary Public LLP, is able to obtain legalisation on behalf of our clients via the Milton Keynes office or Centre Point in London within the same working day.

M D Pryke Notary Public comments, “The changes introduced by the Foreign and Commonwealth Office are not entirely unexpected, given the pressure on government departments and their budgets.  We suggest you liaise with your notary public London at the first opportunity so the Notary can plan the budget and timetable to meet your commercial requirements.  As a full service London Notary Public practice we are able to notarise and legalised documents for every country globally.  We are always happy to provide detailed fee quotes and timetables which allow our clients to plan with certainty for every notarial and legalisation matter.”

For further details of the legalisation and notarial services offered by London Notary Public practice M D Pryke Notary Public LLP please refer to the website at www.mdpryke-notary.com.

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As any Notary Public in London will tell you, once qualified it is still necessary to obtain a yearly practising certificate from the Faculty Office (the regulatory body for Notaries Public) in order to conduct notarial business.  As ever, the rules of the Faculty Office are stringent and each Notary Public is required to submit information on a variety of topics, confirming, amongst other matters, that:

• They act independently from any Law firm
• The Notary holds the minimum amount of indemnity insurance, currently set at £750,000
• The Notary is aware of current money laundering regulations and will run their practice accordingly
• They hold a current practicing certificate as a Solicitor

Once the Faculty office is satisfied that the petitioning Notary meets their criteria, they issue a yearly practicing certificate which currently costs £350.

For further details of how to qualify as a Notary Public, contact Matthew on 02076364422.

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From his Notary Public office near Oxford Circus, Matthew said,

“Notaries Public aren’t renowned for being active types, so I am delighted to have helped raise over £50,000 for this worthwhile charity.  We set off from Paris hoping to raise £30k and so to have beaten that target is amazing.  But don’t be fooled by the smiles, it was pretty gruelling!”

Notaries Public were not the only legal practitioners to participate in the charity bike ride, sponsored by Hammonds and WPP.  Almost forty riders completed the event to arrive at Hampton Court.

If you would like to donate to Crohn’s and Colitis in Childhood, please visit http://uk.virginmoneygiving.com/mattpryke or if you are a Notary Public looking to get involved in fund raising activities, please visit the charity page of our website. For any further information on the Charity bike ride please call us on 0207 636 4422.

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This is the third article in a series that details the differing notarial procedures in the United Kingdom compared to US Notary practices.

Article 1 dealt with: The professional status of Notaries Public, The qualifications required to practice as a Notary, and the US concept of a ‘commission‘.

Article 2 highlighted: Notarial duty of care, Legal protection and insurance for Notaries, and Notary fees

7. Identity verification required by UK Notaries

A Notary practicing in the United States is not required to take measures to corroborate either the identity or the authority of their notarial clients.  Further, when witnessing a signature or notarizing a document, US Notaries only require one item of identification.

A UK Notary must identify the individual with two forms of identification, both of which must comply with UK money laundering regulations.  A British Notary must also determine whether the intended signatory possesses the requisite authority to sign.  For example when a Director signs either for themselves or on behalf of a company, the Notary must ascertain their mandate for so doing.

Furthermore, a Notary is required to ensure that the document is executed in a manner required by the laws of England and Wales (e.g. power of attorney being signed in the presence of a witness as a deed)

8. Notarisation process

US notaries generally notarise a document with a rubber Notary stamp similar to those used by a bank or post office.

UK notaries use a steel stamp unique to their notarial practice.  See below for the official MD Pryke Notary Public seal:

Furthermore, most UK notaries will rivet the notarized document and tie with ribbon to ensure that it is secure.  This procedure ensures that no pages can be added or removed after notarization.

For more details on the different working practices between a UK Notary and their US equivalents please refer to other articles in this series, or else contact us via telephone, post or email.

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