Irish Notary Public flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Irish notary appointment

In Ireland, a notary public is appointed by the Chief Justice and holds a personal office; appointment is not the same as a solicitor's practising certificate.

Notarial protocol

A notarial protocol is the notary's official record of acts performed, usually containing the date, parties, document type, fees, and signature or copy of the notarial certificate.

Notarial impartiality

A notary must act impartially and avoid conflicts of interest; the notary authenticates a transaction or signature and does not advocate for one party's commercial interests.

Notary identity duty

Before a notarial act, the notary must establish each signatory's identity, capacity, and voluntary participation, using reliable identification and personal appearance unless remote act is lawful and accepted.

Notary certification limits

A notary certifies observable facts such as signature, execution, capacity, oath, or copy conformity, but does not certify the truth, legality, or commercial wisdom of the document's contents.

Apostille Convention 1961

The Hague Apostille Convention of 1961 simplifies authentication of public documents between Contracting Parties by replacing consular legalisation with a single apostille certificate.

Apostille scope

An apostille authenticates the signature, seal, or stamp on a public document and the capacity of the signatory; it does not validate the document's content or legal effect.

Irish apostille authority

In Ireland, the Department of Foreign Affairs issues apostilles for Irish public documents, including properly executed notarial certificates, after checking the notary's signature and seal.

Consular legalisation

Consular legalisation is the authentication chain used for documents destined for non-Hague states, typically involving notarisation, national authentication, and embassy or consulate legalisation.

Apostille certificate fields

A model apostille identifies the issuing state, signatory, capacity, seal, place and date of issue, issuing authority, certificate number, and the authority's signature and seal.

Notarial certificate contents

A notarial certificate should state the notary's name, place, date, parties, document identified, act performed, and the notary's signature and official seal.

Copy certification

In copy certification, the notary compares the copy with the original document presented and certifies that the copy is true and complete, not that the original is genuine.

Jurat wording

A jurat records that the deponent signed or affirmed the affidavit in the notary's presence on a stated date, and is completed only after the oath or affirmation is administered.

Interpreter in notarial act

If a party does not understand the document language, the notary should use a competent interpreter, record the interpreter's identity, and certify only the act actually witnessed.

Blank certificate prohibition

A notary must not sign or seal a blank or incomplete notarial certificate; the certificate is completed only for an act performed and identified document.

Lex loci actus

Lex loci actus is the law of the place where a notarial act is performed; it commonly governs the formal validity of the act's execution and authentication.

Apostille and conflict of laws

An apostille affects cross-border authentication of a document; it does not determine which law governs capacity, substance, succession, property, or enforceability.

Lex situs property

Lex situs is the law of the place where property is situated; rights in immovable property are generally governed by that law, not by the notary's home law.

EU Succession Regulation Ireland

Ireland is not bound by the EU Succession Regulation 650/2012, so Irish conflict-of-laws rules, domicile, and lex situs remain relevant in cross-border succession matters.

Irish deed witnessing

For an Irish deed, an individual signs in the presence of a witness who attests the signature; a notarial certificate does not replace the statutory witnessing requirement for that deed.

Land Registry and Registry of Deeds

Ireland has two property registration systems: the Land Registry records title to registered land, while the Registry of Deeds records deeds affecting unregistered land and some other interests.

Power of attorney execution

A notary may attest a power of attorney and certify a copy, but the instrument's validity and the attorney's authority depend on its governing law and terms.

Foreign land documents

For documents concerning foreign land, the notary should authenticate signatures and copies, avoid opining on foreign title, and check destination wording and apostille requirements.

Bill protest

A protest is a formal notarial act recording dishonour of a bill of exchange or promissory note, including presentation, refusal, and notice, and is used to preserve rights.

Noting for dishonour

Noting is a preliminary notarial record of dishonour, made when a bill or note is refused; formal protest may follow if the holder requires it.

Marine protest

A marine protest is a notarial record of a shipmaster's statement about voyage casualties or damage; it preserves evidence but does not decide liability.

Company document certification

A notary may certify copies of Irish company documents and attest director or secretary signatures, but does not certify solvency, good standing, or the company's legal capacity without verification.

Negotiable instrument alteration

A notary handling a negotiable instrument should not alter it; the notary records presentment, dishonour, notices, and protest details on a separate certificate or attached document.

Irish will formalities

An Irish will must be in writing, signed by the testator or by someone in the testator's presence, and witnessed by two witnesses present at the same time.

Grant of probate

A grant of probate is issued by the Irish Probate Office or district probate registry; a notary may certify copies for foreign use but cannot issue the grant.

Enduring power of attorney

An enduring power of attorney in Ireland concerns future incapacity and is registered with the Decision Support Service; notarial certification does not replace the statutory registration process.

Family consent attestation

A notary may attest a party's signature on a family-law consent or declaration, checking identity, capacity, and freedom from duress, but does not decide the family law issue.