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Irish Notary Public practice questions

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Question 1Notarial law, practice, ethics and professional conduct

Which statement best describes the core function of an Irish notary public?

  1. To represent clients in litigation before the Irish courts
  2. To issue binding judicial decisions on contested contracts
  3. To authenticate documents for use abroad Correct answer.
  4. To draft and register title deeds for property sales

Explanation

A notary public is a public officer whose principal function is to authenticate documents and facts so that they may be relied upon, typically in another jurisdiction. Notaries do not conduct litigation, make binding judicial decisions or register title deeds.

Question 2Notarial law, practice, ethics and professional conduct

A notary is asked to certify a copy of a contract in which the notary holds a 20% share. What is the proper course?

  1. Decline because of a conflict of interest Correct answer.
  2. Act if the copy is accurate
  3. Act if the fee is disclosed
  4. Act with the written consent of the other party

Explanation

A notary must act impartially and must not notarise a transaction in which the notary has a personal financial interest. The risk of conflict cannot be cured merely by disclosing the fee or obtaining consent from another party.

Question 3Notarial law, practice, ethics and professional conduct

What ordinarily completes a notarial act in Ireland?

  1. Registration with the Companies Registration Office
  2. The notary's signature and official seal Correct answer.
  3. Publication in Iris Oifigiúil
  4. Approval by the local authority

Explanation

The notary signs the notarial certificate and affixes the official seal; the signature and seal together provide authentication. Registration with the Companies Registration Office, publication in Iris Oifigiúil or local authority approval is not required.

Question 4Notarial law, practice, ethics and professional conduct

A notary receives private financial details from a client. What is the general ethical position?

  1. May publish it if no names are included
  2. May sell it to credit reference agencies
  3. Must share it with the Gardaí as a routine matter
  4. Must keep it confidential unless law requires disclosure Correct answer.

Explanation

Notarial work is confidential, and the notary should not disclose client information except where disclosure is required or permitted by law. Routine sharing with the Gardaí or sale to credit agencies is not permissible.

Question 5Notarial law, practice, ethics and professional conduct

A notary who is not a tax adviser is asked to advise on the Irish tax consequences of a deed. What is the proper approach?

  1. Refuse all further contact with the client
  2. Give a definitive opinion on the tax consequences
  3. Explain limits and suggest independent advice Correct answer.
  4. Alter the deed to reduce the tax

Explanation

A notary should act within the limits of notarial competence and should not hold themselves out as giving specialist tax advice. The client should be encouraged to obtain independent advice from a suitably qualified adviser.

Question 6Notarial law, practice, ethics and professional conduct

Before acting, how should an Irish notary deal with fees?

  1. Explaining and agreeing the charges clearly Correct answer.
  2. Leaving the amount to the client's discretion
  3. Charging a fixed percentage of the transaction value
  4. Adding undisclosed disbursements at the end

Explanation

Clients should be told clearly what the notarial charges will be, and the basis of charging should be agreed before work is undertaken. Undisclosed later additions are inconsistent with fair dealing.

Question 7Notarial law, practice, ethics and professional conduct

When administering an oath, what should the notary do?

  1. Take the oath outside the deponent's presence
  2. Ensure understanding and administer the oath Correct answer.
  3. Require the deponent to waive all legal rights
  4. Suggest answers to speed up the process

Explanation

The notary must ensure that the deponent understands the nature of the oath or affirmation and then administers it in the deponent's presence. The notary must not suggest answers or require the deponent to surrender legal rights.

Question 8Notarial law, practice, ethics and professional conduct

Why should an Irish notary keep a notarial record?

  1. It creates an audit trail of notarial acts Correct answer.
  2. It allows clients to avoid foreign legalisation
  3. It is optional marketing material for the practice
  4. It replaces the need for a notarial seal

Explanation

A proper record provides an audit trail of notarial acts, including the parties, the document, the date and the steps taken. It does not replace the seal, remove legalisation requirements or serve merely as marketing.

Question 9Notarial law, practice, ethics and professional conduct

A stranger asks a notary to certify a copy of a passport. What should the notary do first?

  1. Verify identity using reliable photographic identification Correct answer.
  2. Accept if the stranger signs a declaration
  3. Ask a colleague to vouch by telephone
  4. Rely on the photocopy already supplied

Explanation

The notary must be satisfied as to the person's identity, normally by examining reliable photographic identification and taking appropriate steps to link the person to the document. A declaration, telephone reassurance or photocopy alone is not sufficient verification.

Question 10Notarial law, practice, ethics and professional conduct

An Irish notary is asked to perform a notarial act in Northern Ireland. What is the general position?

  1. May appoint the client as agent for the act
  2. Generally territorial, subject to lawful remote process Correct answer.
  3. May act anywhere in the European Union
  4. May act if the fee is paid in euro

Explanation

A notary's authority is generally territorial, so the notary should act within the jurisdiction of appointment unless a lawful remote process applies. Paying the fee in euro or appointing the client as agent does not extend that authority.

Question 11Notarial law, practice, ethics and professional conduct

After an Irish notary authenticates a signature, what is usually required for a document destined for a Hague Convention country?

  1. Consular legalisation by the relevant embassy
  2. A second countersignature by another notary
  3. An apostille from Foreign Affairs Correct answer.
  4. Registration of the document in the High Court

Explanation

For a Hague Apostille Convention destination, an apostille is normally obtained from the Department of Foreign Affairs and Trade. The notary does not issue the apostille, and consular legalisation is generally for non-Convention destinations.

Question 12Notarial law, practice, ethics and professional conduct

When certifying a copy of a document, what should the notary do?

  1. Give a legal opinion on the document's content
  2. Certify the copy without seeing the original
  3. Certify that the original document is valid
  4. Compare the copy with the original Correct answer.

Explanation

The notary should compare the copy with the original or an acceptable equivalent and record what was done. The notary certifies the copy, not the legal validity of the original or its contents.

Question 13Notarial law, practice, ethics and professional conduct

An elderly client appears confused during a notarial appointment. What should the notary do?

  1. Increase the fee to reflect the added risk
  2. Pause, assess understanding and decline if unsure Correct answer.
  3. Proceed if a family member says it is fine
  4. Ask the client to sign quickly

Explanation

The notary must be satisfied that the client understands the nature and effect of the act and is acting voluntarily. If not satisfied, the notary should decline rather than proceed on family assurances or an increased fee.

Question 14Notarial law, practice, ethics and professional conduct

A client is accompanied by a relative who answers all the notary's questions. What should the notary do?

  1. Refuse all future notarial work from the family
  2. Interview the client alone about free will Correct answer.
  3. Ask the relative to sign the notarial certificate
  4. Accept the relative's assurances

Explanation

The notary should ensure that the client is acting freely and understands the transaction, which may require speaking to the client without the relative present. The relative's assurances are not a substitute for the client's own instructions.

Question 15Notarial law, practice, ethics and professional conduct

A document is in a language the notary does not understand. What should the notary do?

  1. Rely on the client's oral summary
  2. Sign the document without understanding it
  3. Ask an untrained office assistant to summarise
  4. Use a competent translator Correct answer.

Explanation

The notary must understand the document sufficiently to perform the notarial act properly. A competent translation should be obtained, and the notary should record how the translation was handled.

Question 16Notarial law, practice, ethics and professional conduct

A notary suspects that a transaction may involve money laundering. What is the proper approach?

  1. Refund the fee and destroy the records
  2. Make required reports and consider proceeding Correct answer.
  3. Complete the act and keep the suspicion private
  4. Warn the client in detail about the suspicion

Explanation

Notaries must comply with anti-money-laundering obligations, including making required reports and avoiding tipping off. The notary should also consider whether it is proper to continue with the notarial act.

Question 17Notarial law, practice, ethics and professional conduct

A solicitor who is also a notary is asked to notarise a document for a client of the solicitor's firm. What is the key ethical concern?

  1. The notary must refuse every client of the firm
  2. No issue arises because solicitors are regulated
  3. Independence may be compromised; assess the conflict Correct answer.
  4. The notary may backdate the certificate

Explanation

The notary must be independent and must assess whether acting creates a conflict with the solicitor's or firm's interests. Regulation as a solicitor does not remove the need for that assessment.

Question 18Notarial law, practice, ethics and professional conduct

A foreign authority requires the notarial certificate in a particular form. What should the notary do?

  1. Use the form if lawful Correct answer.
  2. Ignore the request and use any form
  3. Invent a form that looks official
  4. Ask the client to forge the required wording

Explanation

The notary may follow a foreign form or wording where doing so is lawful and consistent with Irish notarial practice. The notary should not invent official-looking wording or ask the client to forge a form.

Question 19Notarial law, practice, ethics and professional conduct

When witnessing a signature, what should the notary do?

  1. Sign the document before the client does
  2. Witness the signature after the client leaves
  3. Observe the client signing and verify identity Correct answer.
  4. Leave the date blank for later completion

Explanation

The notary should observe the client sign, verify the client's identity and complete the notarial certificate at the time of the act. Signing first, leaving the date blank or witnessing after the client leaves undermines the reliability of the act.

Question 20Notarial law, practice, ethics and professional conduct

A client asks a notary to certify that a person was present when the notary knows they were not. What should the notary do?

  1. Refuse; the certificate must be truthful Correct answer.
  2. Certify with a note of doubt
  3. Certify if the claim is plausible
  4. Ask a colleague to certify instead

Explanation

A notarial certificate must be truthful and based on the notary's own knowledge or proper verification. The notary must refuse to certify a fact that is known to be false.

Question 21Notarial law, practice, ethics and professional conduct

What is the purpose of a notarial protest of a bill of exchange?

  1. To cancel the bill of exchange
  2. To transfer the debt to the notary
  3. To provide formal evidence of dishonour Correct answer.
  4. To guarantee payment by the notary

Explanation

A protest is a formal notarial act evidencing dishonour of a bill of exchange, such as non-acceptance or non-payment. It does not guarantee payment, transfer the debt to the notary or cancel the bill.

Question 22Notarial law, practice, ethics and professional conduct

What does a marine protest by a notary typically record?

  1. Port taxes paid by the vessel at departure
  2. The wages owed to the crew and allowances
  3. The master's declaration of circumstances Correct answer.
  4. Ownership of the cargo and freight arrangements

Explanation

A marine protest records the master's declaration concerning the circumstances of a voyage, such as damage or other misfortunes at sea. It is not a record of cargo ownership, crew wages or port taxes.

Question 23Notarial law, practice, ethics and professional conduct

A notary's spouse is a director of a company requesting notarisation. What should the notary do?

  1. Act if the fee is modest
  2. Act and omit the relationship from the records
  3. Disclose and decline if independence is impaired Correct answer.
  4. Act if the spouse is not present

Explanation

The notary should disclose the relationship and decline if the connection impairs independence or creates a reasonable perception of bias. Omitting the relationship from records would be improper.

Question 24Notarial law, practice, ethics and professional conduct

A court orders production of a notary's records. What should the notary do?

  1. Claim every record is absolutely privileged
  2. Ignore the court order entirely
  3. Destroy the records before production
  4. Comply with lawful court orders Correct answer.

Explanation

A notary must respect lawful court orders and should seek legal advice where necessary about the scope of production or any privilege claim. Destroying records or ignoring the order would be improper.

Question 25Notarial law, practice, ethics and professional conduct

A notary repeatedly fails to keep up with foreign requirements for notarial acts. What is the main professional concern?

  1. No concern once the client has paid
  2. Breach of the duty of competence and care Correct answer.
  3. Only a marketing issue for the practice
  4. A matter for the client alone

Explanation

A notary has a professional duty to maintain competence and to take reasonable care in performing notarial acts. Persistent failures may amount to a breach of that duty and may raise regulatory issues.

Question 26Notarial law, practice, ethics and professional conduct

Who has authority to appoint notaries public in Ireland?

  1. The Attorney General
  2. The President of Ireland
  3. The Minister for Justice
  4. The Chief Justice Correct answer.

Explanation

Notaries public in Ireland are appointed by the Chief Justice, reflecting their status as independent officers of the court. The Minister for Justice has general policy responsibilities but does not make notarial appointments. The President and the Attorney General have no role in appointing notaries.

Question 27Notarial law, practice, ethics and professional conduct

An Irish notary has completed a notarial certificate that will be used in Spain, a Hague Convention country. Who issues the apostille?

  1. The notary who performed the act
  2. The High Court
  3. The Spanish Embassy in Dublin
  4. The Department of Foreign Affairs and Trade Correct answer.

Explanation

The Department of Foreign Affairs and Trade is the competent authority in Ireland for issuing apostilles under the Hague Apostille Convention. The notary authenticates the document, but the apostille is a separate certification issued by the Department. An embassy does not issue Irish apostilles.

Question 28Notarial law, practice, ethics and professional conduct

Which combination is required to complete a notarial certificate?

  1. The notary's signature only
  2. The notary's signature and official seal Correct answer.
  3. The notary's official seal only
  4. The client's signature and the notary's initials

Explanation

A notarial certificate is completed by the notary's signature together with the official seal. The seal helps authenticate the notary's signature and the act performed. Neither the signature alone nor the seal alone is sufficient, and the client's initials do not complete the certificate.

Question 29Notarial law, practice, ethics and professional conduct

What is the legal status of an Irish notary public?

  1. A civil servant of the Department of Justice
  2. An officer of the court Correct answer.
  3. An employee of the local authority
  4. An agent of the client who instructs them

Explanation

An Irish notary public is an independent officer of the court and holds a public office. The notary is not a civil servant, a local authority employee, or simply the client's agent. This independent status underpins the notary's duties of impartiality and integrity.

Question 30Notarial law, practice, ethics and professional conduct

A notary is asked to notarise a deed to which the notary is personally a party. What should the notary do?

  1. Decline to act because of the conflict of interest Correct answer.
  2. Act but charge no fee
  3. Act and disclose the interest in the certificate
  4. Act if another notary witnesses the signature

Explanation

A notary must act impartially and cannot notarise a document in which the notary has a personal interest as a party. Disclosure in the certificate does not cure the conflict. Another notary, not the interested notary, should perform the act.

Question 31Notarial law, practice, ethics and professional conduct

A client asks a notary to date a notarial certificate with yesterday's date so that it meets a filing deadline. What should the notary do?

  1. Use the earlier date and add a note explaining why
  2. Ask the client to initial the earlier date
  3. Refuse and date the certificate with the actual date of the act Correct answer.
  4. Comply because the client accepts responsibility

Explanation

A notarial certificate must bear the true date on which the notarial act is performed. Backdating a certificate is false and improper, even if the client requests it or accepts responsibility. The notary should use the actual date and explain the position to the client.

Question 32Notarial law, practice, ethics and professional conduct

A client asks a notary to sign and seal several blank notarial certificates so that the client can complete them later. What is the correct response?

  1. Agree but keep the certificates in the notary's safe
  2. Sign only one blank certificate as a sample
  3. Refuse to sign or seal incomplete certificates Correct answer.
  4. Agree if the client provides a written indemnity

Explanation

A notary must not sign or seal blank or incomplete certificates, because this allows the notarial act to be completed without the notary's control or knowledge. Each certificate should be completed only in respect of an act actually performed. A written indemnity or secure storage does not make the practice acceptable.

Question 33Notarial law, practice, ethics and professional conduct

A person unknown to the notary asks for a signature to be witnessed, but has no photographic identification and no other reliable evidence of identity. What should the notary do?

  1. Proceed and record that identity was not verified
  2. Decline to act until identity is satisfactorily verified Correct answer.
  3. Proceed if a friend vouches for the person
  4. Proceed if the person gives a plausible address

Explanation

A notary must be satisfied as to the identity of the person appearing before them before performing a notarial act. If identity cannot be satisfactorily verified, the notary should decline to act. Proceeding while recording that identity was not verified does not meet the notary's professional obligations.

Question 34Notarial law, practice, ethics and professional conduct

A blind client asks a notary to witness the client's signature on a document. What is the appropriate practice?

  1. Refuse to act because a blind person cannot sign validly
  2. Ask the client to sign without reading because blindness is not the notary's concern
  3. Read the document to the client, confirm understanding, and note the method used Correct answer.
  4. Sign the document on the client's behalf

Explanation

The notary should make sure the client understands the document, for example by reading it aloud or confirming that it has been read, and should record the method used. Blindness does not prevent a person from signing validly. The notary must not sign on the client's behalf.

Question 35Notarial law, practice, ethics and professional conduct

A client asks a notary to authenticate a document that the notary reasonably believes is intended to defraud a third party. What should the notary do?

  1. Authenticate because the notary only certifies the signature
  2. Ask the client to sign a disclaimer
  3. Refuse to act and consider whether to report the matter Correct answer.
  4. Authenticate the signature but add a warning note

Explanation

A notary must not participate in or facilitate a fraudulent transaction. If the notary reasonably believes the document is intended to defraud a third party, the notary should refuse to act and consider whether a report is required. A warning note or client disclaimer does not cure the problem.

Question 36Notarial law, practice, ethics and professional conduct

A non-notary introduces clients to a notary and asks for a share of the notarial fees. What is the proper response?

  1. Agree, provided the arrangement is disclosed to clients
  2. Agree only if the introducer is a solicitor
  3. Agree, provided the share is limited to 10 per cent
  4. Refuse, because sharing notarial fees with a non-notary is improper Correct answer.

Explanation

A notary should not share notarial fees with a person who is not a notary, as this undermines the integrity and independence of the notarial office. Disclosure to clients or limiting the percentage does not make the arrangement proper. The status of the introducer as a solicitor does not cure the issue.

Question 37Notarial law, practice, ethics and professional conduct

A client discloses sensitive personal information to a notary during an appointment. How should the notary treat that information?

  1. Publish it if the notary believes it is in the public interest
  2. Keep it confidential unless disclosure is required by law or the client consents Correct answer.
  3. Disclose it to any person who has an interest in the document
  4. Discuss it freely with other notaries for professional development

Explanation

A notary owes a duty of confidentiality to clients and should not disclose sensitive personal information except where the law requires disclosure or the client consents. The notary's own view that disclosure is in the public interest does not justify breaching confidence. Confidentiality supports the trust on which notarial practice depends.

Question 38Notarial law, practice, ethics and professional conduct

An Irish notary has completed a notarial act on a document destined for a country that is not a party to the Hague Apostille Convention and requires consular legalisation. What is the usual sequence?

  1. Notarial act, then legalisation by the destination embassy, then authentication by the Department
  2. Notarial act, then authentication by the Department of Foreign Affairs and Trade, then legalisation by the destination country's embassy or consulate Correct answer.
  3. Authentication by the Department, then notarial act, then legalisation by the embassy
  4. Legalisation by the destination embassy only, because notarial acts are self-authenticating

Explanation

For a non-Hague destination, the usual sequence is the notarial act, followed by authentication by the Department of Foreign Affairs and Trade, and then consular legalisation by the destination country's embassy or consulate. The notarial act must come before authentication because the Department authenticates the notary's act. Notarial acts are not self-authenticating for this purpose.

Question 39Notarial law, practice, ethics and professional conduct

After completing a notarial act, a notary discovers that the client used a false identity. What is the most appropriate course?

  1. Alter the certificate to show the true identity
  2. Destroy the file to avoid liability
  3. Ask the client to return the certificate and issue a corrected one
  4. Record the facts accurately in the notary's records and consider reporting the matter, without altering the completed certificate Correct answer.

Explanation

The notary should not alter a completed notarial certificate after the event. Instead, the notary should record the facts accurately in the notarial records and consider whether the matter should be reported to the appropriate authorities. Destroying the file would be improper and could amount to obstruction.

Question 40Notarial law, practice, ethics and professional conduct

A notary is asked to certify a copy of a document that appears to have been altered, with writing in a different ink added after the original text. What should the notary do?

  1. Certify only the unaltered part of the document
  2. Decline to certify until the alteration is satisfactorily explained and verified Correct answer.
  3. Certify the copy as a true copy of the document as it now appears
  4. Certify the copy and add a note that the document may have been altered

Explanation

A notary should not certify a copy as a true copy when the document appears altered and the alteration has not been satisfactorily explained. The notary must be satisfied that the document is what it purports to be before certifying it. Certifying only part of the document or adding a warning note does not adequately address the concern.

Question 41Authentication, legalisation and the Apostille (Hague Convention 1961)

What is the principal effect of the Hague Apostille Convention 1961?

  1. It requires all public documents to be translated into French.
  2. It replaces legalisation with an apostille between member states. Correct answer.
  3. It creates a worldwide register of notaries public.
  4. It makes notarial acts enforceable worldwide without any further steps.

Explanation

The Convention abolishes the requirement of legalisation for public documents exchanged between contracting states. A single apostille certificate replaces the consular legalisation chain for those documents. It does not create a register, impose translation, or make documents universally enforceable.

Question 42Authentication, legalisation and the Apostille (Hague Convention 1961)

Which Irish body is the competent authority to issue apostilles?

  1. The High Court of Ireland
  2. The Faculty of Notaries Public in Ireland
  3. The Department of Foreign Affairs Correct answer.
  4. The Office of the Chief Justice

Explanation

In Ireland, the Department of Foreign Affairs and Trade is the designated competent authority for apostilles and authentication. Notaries and courts do not issue apostilles. The Faculty is a professional body, and the Chief Justice appoints notaries.

Question 43Authentication, legalisation and the Apostille (Hague Convention 1961)

Under Article 1 of the Apostille Convention, how is a notarial act classified?

  1. As a diplomatic document exempt from apostille
  2. As a public document eligible for an apostille Correct answer.
  3. As an administrative document concerning customs only
  4. As a private contract requiring no authentication

Explanation

Article 1(2)(c) expressly treats notarial acts as public documents for the Convention. As a public document, a notarial act may receive an apostille in a contracting state. It is not classified as a private contract, diplomatic document, or customs-only administrative document.

Question 44Authentication, legalisation and the Apostille (Hague Convention 1961)

What does an apostille certificate certify about a notarised document?

  1. The identity and immigration status of the person who presented the document.
  2. The enforceability of the document in the destination state's courts.
  3. The signature's authenticity, the signatory's capacity and seal identity. Correct answer.
  4. The legal correctness of the document's contents under the destination law.

Explanation

An apostille certifies the authenticity of the signature, the capacity in which the signatory acted, and the identity of the seal or stamp. It does not certify the truth or legal correctness of the document's contents. Nor does it address the presenter's status or enforceability.

Question 45Authentication, legalisation and the Apostille (Hague Convention 1961)

In what physical form may an apostille be issued under the Convention?

  1. Only as a handwritten endorsement on the reverse of the document.
  2. As a stamp, sticker or annexed certificate attached to the document. Correct answer.
  3. Only as an electronic record held by the issuing authority.
  4. Only as a separate certificate sent directly to the receiving authority.

Explanation

The Convention uses a model apostille certificate that is attached to the public document. In practice it may take the form of a stamp, sticker, or annexed certificate. It need not be handwritten, sent separately, or kept only electronically.

Question 46Authentication, legalisation and the Apostille (Hague Convention 1961)

When did the Hague Apostille Convention enter into force for Ireland?

  1. 2019
  2. 2003
  3. 1961
  4. 1999 Correct answer.

Explanation

Ireland became bound by the Apostille Convention on 9 March 1999. The Convention itself was concluded in 1961, which explains the common reference to the 1961 Hague Convention. The other dates do not mark Ireland's entry into force.

Question 47Authentication, legalisation and the Apostille (Hague Convention 1961)

Which statement best describes consular legalisation?

  1. It is a notarial endorsement that replaces government authentication.
  2. It is a translation requirement imposed by the destination court.
  3. It is a certificate issued only between contracting states under the Hague Convention.
  4. It is the verification chain used for states outside the Apostille Convention. Correct answer.

Explanation

Consular legalisation is the verification chain used for public documents destined for states outside the Apostille Convention. It typically follows national authentication and involves the destination state's embassy or consulate. It is not an apostille, a notarial endorsement, or a translation rule.

Question 48Authentication, legalisation and the Apostille (Hague Convention 1961)

An apostille must be issued by the competent authority of which state?

  1. Any contracting state chosen by the applicant.
  2. The state in which the document will be used.
  3. The state of nationality of the person who signed the document.
  4. The state in which the public document was executed. Correct answer.

Explanation

Under the Convention, the apostille is issued by the competent authority of the state where the public document was executed or originates. It is not issued by the destination state, by an applicant's chosen state, or by the signatory's state of nationality.

Question 49Authentication, legalisation and the Apostille (Hague Convention 1961)

A client asks an Irish notary to "issue an apostille" on a deed for use in Italy. What is the notary's correct response?

  1. Refer the client to the Department of Foreign Affairs and Trade. Correct answer.
  2. Apply to the High Court for an order authorising the apostille.
  3. Send the deed to the Italian consulate in Dublin for an apostille.
  4. Issue a notarial certificate describing the deed as apostilled.

Explanation

Only the designated competent authority, in Ireland the Department of Foreign Affairs and Trade, may issue an apostille. A notary authenticates signatures and seals but cannot issue the Convention certificate. The notary should therefore refer the client to the Department rather than purport to issue an apostille.

Question 50Authentication, legalisation and the Apostille (Hague Convention 1961)

An Irish court judgment is to be used in Spain. Who should issue the apostille?

  1. The judge who delivered the judgment.
  2. The notary who certified a copy of the judgment.
  3. The solicitor who handled the case.
  4. The Department of Foreign Affairs and Trade. Correct answer.

Explanation

An Irish court judgment is a public document, and the apostille is issued by the Department of Foreign Affairs and Trade. The judge, solicitor, or a notary does not issue the apostille. A notary may certify a copy in some cases, but the apostille itself comes from the competent authority.