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Foreign property transactions such granting a power of attorney, executing a deed or completing transfer documents.

Certifying and authenticating documents (for example educational, professional and vocational qualifications, company documents, police certificates).

Swearing Affidavits, making Declarations and Affirmations.

Certificates of identity.

Arranging to have [2:50] documents with the Department of Foreign Affairs.

Attesting documentation for foreign adoption.

What do I need to bring to have documents notarised?  You need to bring the original document or documents you want to be notarised.  You will need to provide evidence of your identity to the Notary Public.  Notarising a document requires the same anti-terrorism and anti-money laundry procedures as apply on opening a new bank account.  You will need date/place of birth, PPS number, address, telephone numbers and an email address; original current valid passport or driver’s licence which will be copied and returned to you.  If neither is available, documentation issued by a government department containing the individual’s details or written statement from a person in a position of responsibility (for example a doctor, minister, teacher, accountant, social worker) may suffice.  An original recent utility bill, bank or building society statement, Revenue Commissioner’s notice, social welfare document, house/motor insurance certificate etc. which will be copied and returned.  If the document(s) is to be notarised for a company, the above information will be required for all the directors or shadow directors of the company.  The full name of the company and registration number will also be required.

What is a Notary Public?

A Notary Public is appointed by the Chief Justice. He or she is usually concerned with verifying information and documents for use abroad. Documents signed and sealed by a Notary Public are internationally recognised and accepted. Notaries and solicitors are two separate and distinct professions. The cornerstone of the profession is the trust and reliance the beneficiary (the receiving party) can place on the notarial act. Formal procedures apply.

What is the First Step to have a Document Notarised?

Contact the Notary at 057 8697765 or james@mcelweelaw.ie to make an appointment. It speeds the process if you can email the document or documents you want to be notarised (ideally in Microsoft Word format).

What do I Need to Bring With Me?

You need to bring the original document or documents you want to be notarised. You will need to provide evidence of your identity to the Notary Public. Notarising a document requires the same anti-terrorism and anti-money laundering formalities as apply on opening a new bank account. Usually, the following are needed:

Individuals

  • Date and place of birth together with PPS number
  • Address, telephone numbers and email address
  • Original current valid passport or driving licence which will be copied and returned. If neither is available, documentation issued by a government department containing the individual’s details or a written statement from a person in a position of responsibility (e.g. doctor, minister of religion, teacher, accountant, social worker) may suffice.
  • An original recent utility bill, bank or Building Society statement, Revenue Commissioners notice, Social Welfare document, house/motor insurance certificate etc which will be copied and returned.

Companies

The Notary is obliged to confirm the company is registered with the Companies Registration Office. The Notary can do this through an online search. Be sure to give the Notary the company’s full registered name.

Any person signing a document in front of the Notary needs to bring the identification documents set out above for an individual. The same documentation is required for each of the Directors or shadow Directors (if any) of the company.

The key difference between notarising for individuals and for companies is that a company must prove to the Notary it is empowered under its Memorandum and Articles of Association to complete the documentation. Generally, a certificate from the Company Secretary is required. Thomas Barry, Notary Public can guide a company through the process.

What about the Document I want Notarised?

Fill in all the gaps in the documentation to the best of your ability beforehand. If you are unsure and need guidance, the Notary will help you if he can.

Do I Need to Understand the Document?

Yes. The Notary does not provide legal or other professional advice. The contents of the documents, their meaning and effect, and whether you are wise to sign them, are all your responsibility. The Notary is normally only concerned with the verification of your identity, your name, your address, your signature, and your ability in a general way to understand the document. If the document is technical (e.g. a Building Agreement or Power of Attorney) or is in a language you do not understand, have it explained beforehand to you by someone you trust and take any professional advice you need before going to the Notary.

Foreign language documents

If the document to be notarised is in a foreign language the onus is still on you to understand it and you may be well advised to have it translated by an official translator. The Notary will ask you to formally confirm in writing that you understand the nature and content of the document.

If I Cannot Come to the Office?

If you cannot attend at the Notary’s office, he can arrange to see you elsewhere.

What About Confidentiality?

The Notary will maintain the utmost secrecy with regard to your affairs and not disclose information about same except with your permission or as required by law.

What is an Apostille? What is Legalisation?

An Apostille is a certificate issued by the Department of Foreign Affairs verifying the genuineness of the signature and/or seal of a Notary Public on a public document. It is obtained by presenting the document at the Department of Foreign Affairs, Consular Section, at the Passport Office, Molesworth Street, Dublin 2 and paying the appropriate consular fee. The Apostille procedure only applies between countries that have signed and ratified or acceded to the Hague Convention of 5 October 1961. For those countries which have not done so a more complicated process, Legalisation is required and there are there still are some jurisdictions which also require a seal from the appropriate embassy even though they have signed up to the Hague Convention.

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