Irish Notary Public study guide
Irish Notary Public · Work through your exam, one topic at a time.
A notary public in Ireland is a lawyer of standing appointed to authenticate documents, administer oaths, certify signatures, protest bills and prepare notarial acts for use at home and abroad. Appointment as a notary public in Ireland is regulated, and candidates must satisfy the examination requirements of the Faculty of Notaries Public in Ireland, the professional body for Irish notaries. The Irish Notary Public study guide has 7 sections and about 2,657 words.
01Notarial Law, Practice, Ethics and Professional Conduct
Notaries public in Ireland are appointed by the Chief Justice and are ordinarily drawn from solicitors and barristers of standing; the Faculty of Notaries Public in Ireland is their professional body. A notary is in practice also a commissioner for oaths, but the two offices are not interchangeable: a commissioner for oaths administers oaths, whereas a notary may also authenticate signatures, certify copies, verify translations, note and protest bills of exchange and draw up certificates intended for use abroad.
370 words, about 2 min02Authentication, Legalisation and the Apostille (Hague Convention 1961)
The Hague Convention of 5 October 1961 abolishing the requirement of legalisation for foreign public documents replaces the old consular chain between Contracting States with a single certificate, the apostille. Article 1(2) treats notarial acts as public documents, so a notarial certificate destined for another Contracting State normally needs an apostille rather than embassy legalisation.
368 words, about 2 min03Drafting, Form and Execution of Notarial Acts, Certificates and Attestations
A notarial act must be self-proving on its face. Whether the style is a short attestation or a full civil-law escript, the certificate should identify the place and date of the act; the notary's name and capacity; the person who appeared and the means of identification; what that person did (signed, swore, affirmed, acknowledged); any exhibits or annexures; and the notary's signature and seal.
364 words, about 2 min04Private International Law and Conflict of Laws in Notarial Practice
A notary does not choose the applicable law; the notary recognises it. The principal sources are the Brussels Ia Regulation (jurisdiction), Rome I (contractual obligations), Rome II (non-contractual obligations) and, outside the EU instruments, the common-law rules.
388 words, about 2 min05Property, Conveyancing and Land Law Documents
Title to Irish land is registered in the Land Registry (folios) or, for unregistered and older transactions, recorded in the Registry of Deeds; both are administered by Tailte Éireann. Under the Land and Conveyancing Law Reform Act 2009 a deed must be in writing, signed by the person making it, and that signature must be attested by a witness who is present.
389 words, about 2 min06Company, Commercial, Banking and Shipping Documents
Notaries certify copies of certificates of incorporation, constitutions, registers and board or shareholder resolutions, and certify incumbency and authority of directors and officers. The discipline is constant: verify against an authoritative source, describe exactly what you saw, and avoid certifying matters of foreign law.
388 words, about 2 min07Succession, Probate, Family Law and Powers of Attorney
Irish wills are governed by the Wills Act 1837: writing, signature by the testator, and attestation by two witnesses present at the same time. A notary does not make a will notarially in Ireland as a civil-law notary would; the role is to attest execution, take affidavits, and certify copies of grants and documents for use abroad.
390 words, about 2 min