Notary Public Services

A Notary Public is an officer of the law who holds an internationally recognised public office. The duty and function of a Notary, as an impartial and legally trained witness, is to serve the public in non-contentious matters usually concerned with foreign or international business. A Notary is empowered to prepare, attest, authenticate and certify deeds and other documents, required or intended for use anywhere in the world. His signature and official seal renders them acceptable, as proof of matter attested by him, to the judicial or other public authorities in the country where they are to be used.

Notarisation

Notarisation is the process whereby a Notary Public witnesses and certifies the execution of the document or confirms a legal principle or fact. This process often requires the Notary Public to draft a specific and suitable notarial certificate.

A Notary Public will:

• Verify the identity of a document signatory and ensure the person has the requisite authority.
• Witness the signature of the person involved and that the documents are signed in accordance with Irish Law and also in accordance for which the document is required.
• Verify and certify the contents of the document and check any facts and information necessary in order to be able to react in a reliable manner.

How do I know if Notarisation is required?
Most documents show on the face of the document if they need to be signed in the presence of a Notary. It is commonplace for the person who will use the document abroad to specify whether notarisation is required.
If you are unsure you should ask them or alternatively a Notary will be pleased to make enquiries on your behalf to determine if Notarisation is required.
What services does a Notary Public provide?
• Administer Oaths, Attest Signatures, Authenticate Documents, Give Notarial Acts
• Take Affidavits (other than for the courts in Ireland)
• Take Affirmations and Declarations
• Issue Notarial Certificates in respect of documents and persons.
• Draw up Powers of Attorney and other legal documents

A Notary Public can provide the following services for businesses:

 Assignments or registration of trademarks
in international jurisdictions
 Apostille and legalisation service
 Witnessing a power of attorney
 Notarisation of company documents
 Affidavits, statutory declarations,
and sworn statements
 Share issues certified by a notary public
 Property transactions, transfers, purchases, sales
 Any other documents for abroad, which require a notary public certificate

A Notary Public can provide the following services for individuals:

 Copies of passports for example to open a bank account
 Witnessing a power of attorney
 Certified copies of documents such as exam certificates
 Transfers of land, houses, shares
 Lost passports, share certificates or other documents
 Statutory declarations to be made before a notary public
 Declarations of single status when getting married
 Administer Oaths
 Permission to et one parent travel with children
 Apostille and legalisations at consulates
 Any other documents for abroad, which require a notary public certificate

LEGALISATION AND APOSTILLE

Legalisation and Apostille
Once Notarially Certified, certain documents may require further certification such as the affixing of an Apostille certificate or on some occasions Consular legislation is required.
Legalisation
Some documents to be used outside of Ireland may need to be legalised. Legalisation is an internationally recognised procedure for certifying the authenticity of a Notary’s signature and/or official seal applied to a public document.
In order for a document to have been legalised, a Notary Public must:
(1) Attest the signature of a person to a formal document and subscribe his or her name and affix his or her official seal to the document;
(2) Produce to the Registrar of the Supreme Court his or her signature and official seal in order to be verified;
(3) Produce the document before the Consular Section of the Department of Foreign Affairs in Dublin for the purpose of having the signature of the Supreme Court Registrar verified;
(4) Finally, produce the document to the diplomatic or consular representative in Dublin of the foreign country in which it is intended the document shall be produced for the purpose of having the Irish Consular Officer’s signature legalised.
It will usually be stated by the party requiring notarisation if legalisation is needed, but if you are unsure the   Notary will be pleased to advise you.
Apostille
An Apostille is a certificate issued by the Department of Foreign Affairs in Dublin verifying the genuineness of the signature and/or seal of a Notary Public. This Apostille certificate can be obtained from the Department of Foreign Affairs upon payment of the appropriate consular fee
The Apostille procedure is sometimes referred to as a ‘fast-track’ version of legalisation as it applies in lieu of Legalisation between countries that have signed and ratified or acceded to the Hague Convention of 5 October 1961. Ireland ratified the Convention in 1999.
If you are in any doubt as to whether an Apostille is required, the Notary will be pleased to advise you.
What should I do before seeing a Notary?

Obviously each notarial matter is unique but in order to ensure the most efficient use of a notary service, normally your Notary Public will:
(1) Require their client to arrange an appointment with the Notary Public practice in advance. However, attendance arrangements out of the office can be made in order to meet any situation if essential.*

(2) Expect their client to bring evidence of their identity.

 For an individual this most often this will be a current passport and a bank statement or utility bill to confirm their address (not a mobile phone bill).
 For Corporate clients, evidence of status and authority of the person acting on behalf of the company is required e.g. extract from the company register, certificate of incorporation, certified copy of partnership agreement, latest report and audited accounts.

Each individual signatory will need to produce the individual identification documents mentioned above and this process has to be repeated every time you go to the Notary unless you have been with the same Notary within the previous three months.

(3) Complete the Documents and fill in all the gaps in the documentation to the best of your ability beforehand. If you are unsure and need assistance, the Notary will help you where possible.

(4) A Notary must satisfy him/herself that their client truly understands the relevant document (see below).

(5) A Notary needs to view any relevant documents relating to the notarial matter, wherever possible including correspondence or forms of instructions from the country to which the documentation is to be provided that relate to that act.

Please Note – It helps the Notary a great deal if the client can e-mail or fax them a copy of the document(s) in advance of the appointment as sometimes documents provide for a number of witnesses or for the Notary to give a certificate.
* Travelling and travelling time will incur additional notary fees to the client and potentially take longer.
Understanding the Documents
• It is your responsibility to ensure that you understand the nature and purpose of the document you intend to sign and have notarised, and to assure the Notary as regards your understanding of such. If the document is highly technical (e.g. a Power of Attorney), have it explained beforehand to you by someone you trust. Notaries do not usually give advice about the meaning or effect of a document or transaction.
• Take whatever legal or other advice you need before going to the Notary. The Notary is normally only concerned with the verification of your identity, your name, your address, your signature, and your ability in a general way to understand the document.
• If the document is in a foreign language verified translations may be required of documents before and/or after or as part of a Notarial act. The Notary can usually arrange or advise on this aspect if required. The Notary will require you to acknowledge formally in writing in a standard form that you understand the document in (or partly in) a foreign language.
*The contents of the documents, their meaning and effect, and whether you are wise to sign them, are all your responsibility

Public Records kept by a Notary
Copies of documents produced ancillary to or in support of Notarial acts may be required for retention, as will copies or original duplicates of Notarial acts, to form part of the required Notarial register/record. The Notary may make, and retain on file for five years, a copy of any identification document produced to the Notary. They must make these available to all those who have a right to see them including their client and any other parties involved in such documents.

Independence and Rules
A Notary is an independent officer and must not do anything to compromise this. A Notary is permitted to act for both parties to a contract but any potential conflicts of interest must be identified if they exist and attempts to resolve them made where possible.
Notaries as officers of the law are subject to professional rules and standards to ensure the protection of their clients. Notaries are bound to follow the rules to prevent money laundering. Notaries must also be insured against negligence and dishonesty.
And finally…
If you would like to discuss using our Notarial services, please do not hesitate to contact us to arrange an appointment in our Sandyford offices. You can give us a call, or contact us via our enquiry page.