Irish Notary Public common mistakes
Irish Notary Public · Understand the traps and how to avoid them.
Telling a client that the notary will 'apostille' the document, or handing back a notarised document without explaining that it must go to the Department of Foreign Affairs and Trade for authentication by Apostille.
Candidates conflate the notary's certification with the State's apostille because both involve stamps and seals, and they have not learned that Ireland's competent authority under the Hague Apostille Convention 1961 is the Department of Foreign Affairs and Trade, not the notary.
What to do instead
Learn the two-stage sequence: the notary certifies the act by signature and seal; the Department of Foreign Affairs and Trade then issues the Apostille. In every foreign-use matter, explain in writing that the Apostille verifies the notary's signature, seal and capacity, not the truth or legal effect of the document's contents, and that consular legalisation is needed for non-Convention destinations.
Certifying a document as a 'true copy' after glancing only at the first and last pages, without comparing every page with the original or checking pagination, deletions, interpolations and binding.
Copy certification is treated as a routine clerical task under time pressure, and candidates underestimate the evidential weight of a notarial certificate and the risk of certifying an incomplete or altered document.
What to do instead
Compare the original and copy page by page, check page numbering and any manuscript alterations, and record the number of pages and any unusual features. Use a certificate that identifies the document by date, page count and any identifying marks, and note the comparison in the register. Decline to certify if the original is incomplete or appears altered.
Administering an oath or affirmation when the deponent is not physically present, or accepting a jurat that the deponent has already signed before attending the notary.
Clients send documents by post or email and ask the notary to 'sign where indicated', and candidates confuse notarial certification with ordinary witness attestation or with remote witnessing practices that do not satisfy the requirement of presence.
What to do instead
Require the deponent to attend in person, establish identity from photographic identification, administer the oath or affirmation in a language the deponent understands, and have the deponent sign the jurat in the notary's presence. Complete the jurat immediately and record the identification details and the date and place of the act.
Using a generic certificate wording, such as 'sworn before me' for an affirmation or 'certified true copy' for a signature witnessed on an original, so that the certificate does not accurately describe the act the notary actually performed.
Templates are copied from other jurisdictions or from earlier matters, and candidates focus on the document's substantive content rather than on the certificate as a separate legal instrument that must be accurate on its face.
What to do instead
Use act-specific wording for each category: witnessing a signature, administering an oath, taking an affirmation, certifying a copy, or certifying a translation. The certificate must identify the deponent or signatory, state the act performed, give the date and place, identify the notary, and be signed and sealed. Check the certificate against the document's requirements before execution.
Notarising a document written in a language the notary cannot read, relying on the client's oral summary, and failing to record the identity and qualifications of any interpreter.
Clients present foreign-language documents and assure the notary that the content is 'standard', and candidates do not appreciate that the notary must understand the act being certified and ensure the deponent understands it.
What to do instead
If the notary is not competent in the language, engage an independent competent interpreter, have the interpreter sign a certificate identifying the language and confirming the translation, and record the interpreter's details. Confirm that the deponent understands the document and the oath or affirmation. Decline to act if understanding cannot be assured.
Applying Irish formalities to a document affecting foreign immovable property or to a power of attorney intended for use abroad, without checking the law of the place where the property is situated or the document will be used.
Candidates assume that a notarial certificate valid in Ireland is automatically effective everywhere, and they do not apply conflict-of-laws rules on formal validity, capacity and the lex situs of immovable property.
What to do instead
Identify the governing law and, for land, the lex situs. Check local requirements for execution, witnesses, language, registration and legalisation, and obtain written confirmation from local counsel where necessary. State in the certificate or accompanying advice which law and formalities were considered, and avoid certifying compliance with foreign law unless competent to do so.
Certifying execution by a company on the strength of a business card or the client's assertion that the signatory is a director, without obtaining the constitution, a board resolution or evidence of the signatory's authority.
Commercial matters are often handled under deadline pressure, and candidates treat company execution as an individual signature rather than as an act requiring verification of corporate authority and capacity.
What to do instead
Obtain a certified copy of the constitution or articles, a board resolution authorising the execution, and evidence of the signatory's appointment and capacity. Verify identity, confirm whether the signatory signs as director, secretary or attorney, and state that capacity in the certificate. Record the corporate documents inspected.
Making a protest of a dishonoured bill of exchange or a sea protest without following the statutory sequence, omitting the noting on the day of dishonour, or issuing a protest certificate that lacks the required particulars of presentment, refusal and notice.
Protests are rare in ordinary practice, so candidates learn the concept but not the procedural steps, and they may treat the protest as a general narrative rather than a statutory instrument with prescribed content and timing.
What to do instead
Master the protest procedure under the Bills of Exchange Act 1882, including noting on the day of dishonour, presentment, refusal, notice of dishonour and the place and time of protest. Issue the protest under seal with full particulars, retain a copy in the register, and ensure service and record-keeping are complete. For sea protests, record the note of protest promptly and the extended protest in the proper form.
Preparing a notarial certificate for a foreign probate affidavit, family-law consent or power of attorney without asking where the document will be used, and therefore without arranging an Apostille, certified translation or the destination country's required form of oath.
Candidates concentrate on Irish execution formalities and overlook the destination country's requirements, which may determine whether the document is accepted at all.
What to do instead
At the first consultation, ask for the destination country and the receiving authority. Check whether an Apostille or consular legalisation is required, whether a certified translation is needed, and what form of oath, affirmation or certificate the destination accepts. Tailor the certificate and advise the client on the post-notarial steps in writing.
Failing to make a contemporaneous entry in the notarial register or protocol, or recording only the client's name and the fee, with no copy of the document, no identification details and no description of the act performed.
Record-keeping is seen as administrative work with no immediate consequence, and candidates do not appreciate that the register and retained copies are the notary's primary evidence if the act is later challenged.
What to do instead
Maintain a register entry for every act, recording the date, place, parties, identification details, nature of the act, document description, fee and any interpreter or witness. Retain copies of the document, certificate and correspondence in accordance with Faculty requirements and applicable limitation periods, and store them securely and retrievably.