Irish Notary Public key terms
Irish Notary Public · Get comfortable with the vocabulary.
- Notary Public
- Related: Notarial act, Faculty of Notaries Public in Ireland, Notarial seal
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.
- Notarial act
- Related: Notarial certificate, Notarial register, Notary Public
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.
- Faculty of Notaries Public in Ireland
- Related: Notary Public, Notarial impartiality
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.
- Notarial seal
- Related: Notarial certificate, Notary Public
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.
- Notarial register
- Related: Notarial act, Notarial certificate
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.
- Notarial impartiality
- Related: Conflict of interest, Notary Public
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.
- Conflict of interest
- Related: Notarial impartiality
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.
- Apostille
- Related: Hague Apostille Convention 1961, Competent authority, Legalisation
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.
- Hague Apostille Convention 1961
- Related: Apostille, Legalisation, Chain of authentication
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.
- Legalisation
- Related: Apostille, Chain of authentication, Consular 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.
- Consular legalisation
- Related: Legalisation, Chain of authentication
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.
- Competent authority
- Related: Apostille, e-Apostille
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.
- e-Apostille
- Related: Apostille, Competent authority
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.
- Chain of authentication
- Related: Legalisation, Apostille, Notarial certificate
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.
- Certified copy
- Related: Notarial certificate, Verification of identity
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.
- Jurat
- Related: Affidavit, Notarial certificate
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.
- Affidavit
- Related: Jurat, Notary Public
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.
- Acknowledgement
- Related: Due execution, Deed, Power of attorney
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.
- Due execution
- Related: Deed, Acknowledgement, Notarial certificate
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.
- Verification of identity
- Related: Notarial certificate, Certified copy
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.
- Notarial certificate
- Related: Notarial seal, Verification of identity, Notarial act
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.
- Conflict of laws
- Related: Lex situs, Renvoi, Ordre public
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.
- Lex situs
- Related: Conflict of laws, Conveyance, Folio
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.
- Renvoi
- Related: Conflict of laws, Ordre public
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.
- Ordre public
- Related: Conflict of laws, Renvoi
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.
- Hague Convention on Form of Testamentary Dispositions 1961
- Related: Conflict of laws, Lex situs, Grant of probate
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.
- Deed
- Related: Due execution, Conveyance, Acknowledgement
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.
- Conveyance
- Related: Deed, Folio, Property Registration Authority
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.
- Folio
- Related: Property Registration Authority, Conveyance, Lex situs
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.
- Property Registration Authority
- Related: Folio, Conveyance
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.
- Bill of exchange
- Related: Protest, Bill of lading
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.
- Protest
- Related: Bill of exchange, Sea protest, Notarial act
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.
- Sea protest
- Related: Protest, Bill of lading
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.
- Bill of lading
- Related: Sea protest, Bill of exchange
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.
- Power of attorney
- Related: Enduring power of attorney, Acknowledgement, Deed
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.
- Enduring power of attorney
- Related: Power of attorney, Deed
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.
- Grant of probate
- Related: Intestacy, Hague Convention on Form of Testamentary Dispositions 1961
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.
- Intestacy
- Related: Grant of probate
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.