Irish Notary Public study materials
Irish Notary Public study resources

Irish Notary Public key terms

Irish Notary Public · Get comfortable with the vocabulary.

Notary Public

A legal office holder authorised by the State to draw up, authenticate and certify documents and facts so they are recognised abroad, appointed in Ireland by the Chief Justice and subject to the Faculty's rules.

Related: Notarial act, Faculty of Notaries Public in Ireland, Notarial seal
Notarial act

Any formal step a notary performs under official authority, such as authenticating a signature, certifying a copy, administering an oath or recording a protest, which is then evidenced by a written certificate.

Related: Notarial certificate, Notarial register, Notary Public
Faculty of Notaries Public in Ireland

The recognised professional body for Irish notaries, which publishes practice guidance, sets ethical and training standards and represents the profession in dealings with government and foreign authorities.

Related: Notary Public, Notarial impartiality
Notarial seal

The distinctive official stamp, often combining the notary's name and a device, impressed beside the signature on a notarial certificate to evidence authenticity and to deter alteration or forgery.

Related: Notarial certificate, Notary Public
Notarial register

The bound or electronic record in which a notary enters each act performed, noting date, parties, document type and fees; it supports later verification, certificates of authority and replies to enquiries.

Related: Notarial act, Notarial certificate
Notarial impartiality

The duty to serve all parties equally, without advocating for any side, disclosing any personal or financial interest, and declining instructions where independence could reasonably be doubted.

Related: Conflict of interest, Notary Public
Conflict of interest

A situation where a notary's personal, family or financial ties, or prior involvement for one party, could bias the act, requiring disclosure, withdrawal or informed written consent as appropriate.

Related: Notarial impartiality
Apostille

A standard-form certificate, prescribed by the 1961 Hague Convention, affixed by a designated authority to a public document so it can be used in another Contracting State without further diplomatic legalisation.

Related: Hague Apostille Convention 1961, Competent authority, Legalisation
Hague Apostille Convention 1961

A multilateral treaty under which Contracting States abolish legalisation for public documents and replace it with a single apostille certificate, while preserving each State's rules on evidential weight.

Related: Apostille, Legalisation, Chain of authentication
Legalisation

The older, consular-based process in which a document's signatures and seals are progressively certified up to the embassy or consulate of the destination State, used where the Apostille Convention does not apply.

Related: Apostille, Chain of authentication, Consular legalisation
Consular legalisation

Certification by the diplomatic mission of the receiving State that the signature and seal of the last authenticating official are genuine, completing a chain that ends with that mission's stamp.

Related: Legalisation, Chain of authentication
Competent authority

The office a State designates under the Apostille Convention to issue apostilles; in Ireland this function is performed by the Department of Foreign Affairs and Trade, whose name appears on each certificate.

Related: Apostille, e-Apostille
e-Apostille

An apostille issued electronically, with a digital signature or seal and a unique identifier, verifying that the underlying public document, which may itself be electronic, was properly executed.

Related: Apostille, Competent authority
Chain of authentication

The sequence of certifications tracing a document from its originator through each intervening authority to the final competent authority, showing an unbroken link before an apostille or consular stamp is granted.

Related: Legalisation, Apostille, Notarial certificate
Certified copy

A duplicate of a document that the notary has compared with the original and endorsed as a true and complete copy, distinguishing it from a photocopy that carries no certification.

Related: Notarial certificate, Verification of identity
Jurat

The clause at the end of an affidavit or statutory declaration recording when, where and before whom the deponent swore or affirmed the truth of the contents and signed.

Related: Affidavit, Notarial certificate
Affidavit

A written statement of facts, signed by the deponent and sworn or affirmed before a notary or other authorised person, admissible in proceedings subject to the rules of the receiving court.

Related: Jurat, Notary Public
Acknowledgement

A formal declaration by a signatory, made before the notary, that the document is his or her voluntary act and deed, often required for deeds and powers of attorney used abroad.

Related: Due execution, Deed, Power of attorney
Due execution

The valid completion of a document by signing, sealing or attestation in the manner and with the formalities required by the governing law and by the parties' agreement.

Related: Deed, Acknowledgement, Notarial certificate
Verification of identity

The process of confirming a signatory's identity through reliable documents, data or personal knowledge, recorded in the notary's file and referenced in the certificate where appropriate.

Related: Notarial certificate, Certified copy
Notarial certificate

The notary's signed and sealed written statement describing what was done and what was observed, such as the appearance of the party, the identification produced and the signature witnessed.

Related: Notarial seal, Verification of identity, Notarial act
Conflict of laws

The body of rules determining which legal system governs a situation containing a foreign element, covering jurisdiction, applicable law and recognition of foreign judgments and acts.

Related: Lex situs, Renvoi, Ordre public
Lex situs

The law of the place where property is situated, which normally governs capacity to transfer, formalities of transfer and third-party rights in immovable property.

Related: Conflict of laws, Conveyance, Folio
Renvoi

The doctrine under which a court, directed by its own conflicts rule to a foreign law, applies that foreign law's choice-of-law rules, sometimes resulting in a reference back to the forum.

Related: Conflict of laws, Ordre public
Ordre public

The safeguard allowing a court or notary to refuse effect to a foreign law or act whose application would offend fundamental values of the forum, such as forced heirship limits or prohibited transactions.

Related: Conflict of laws, Renvoi
Hague Convention on Form of Testamentary Dispositions 1961

A treaty providing that a will made in the form required by the law of the place of making, the testator's nationality, domicile or habitual residence, or the situs of immovables, is valid as to form.

Related: Conflict of laws, Lex situs, Grant of probate
Deed

A written instrument signed, and usually attested and delivered, by the maker with the formalities needed to show an intention to be bound; in Ireland execution by the party in the presence of a witness is common.

Related: Due execution, Conveyance, Acknowledgement
Conveyance

The document or act by which an interest in land is transferred from one person to another, historically the deed of transfer and now often a transfer or assignment of the registered title.

Related: Deed, Folio, Property Registration Authority
Folio

The individual registered title record held in the Land Registry, identifying the property, its owner and any burdens affecting it, and serving as evidence of title.

Related: Property Registration Authority, Conveyance, Lex situs
Property Registration Authority

The State body maintaining the Land Registry and Registry of Deeds; it registers ownership, burdens and transfers, and issues folios that notaries check when certifying title matters.

Related: Folio, Conveyance
Bill of exchange

An unconditional written order by one person to another to pay a specified sum to a named person or bearer on demand or at a fixed future date.

Related: Protest, Bill of lading
Protest

A formal notarial declaration, usually made after presentment and dishonour of a bill or note, recording the dishonour and giving notice to parties liable on the instrument.

Related: Bill of exchange, Sea protest, Notarial act
Sea protest

A statement by a ship's master, often noted before a notary on arrival, recording damage or losses suffered at sea for later use in claims, average adjustment or insurance proceedings.

Related: Protest, Bill of lading
Bill of lading

A document issued by a carrier acknowledging receipt of goods for shipment, evidencing the contract of carriage and functioning as a transferable document of title in many trade transactions.

Related: Sea protest, Bill of exchange
Power of attorney

A written instrument by which one person authorises another to act on his or her behalf, subject to the governing law's requirements on form, capacity and registration.

Related: Enduring power of attorney, Acknowledgement, Deed
Enduring power of attorney

An authority over property and financial affairs that survives or begins when the donor loses capacity, requiring specific statutory formalities, registration and notice before it can be used.

Related: Power of attorney, Deed
Grant of probate

The court's confirmation of the validity of a will and of the executor's authority to administer the deceased's estate, needed before assets can be collected and distributed.

Related: Intestacy, Hague Convention on Form of Testamentary Dispositions 1961
Intestacy

The situation where a person dies without a valid will, so that statute dictates who inherits and who administers the estate, often requiring a grant of administration.

Related: Grant of probate