Notary Public Services: What You Need to Know
What is a Notary Public?
A Notary Public is a public officer who assists individuals and businesses in non-contentious matters, particularly documents and transactions with an international element. Notarial acts completed under the Notary's signature and official seal are recognised internationally.
Notarial services commonly involve property and financial transactions, inheritances, company matters and documents that must be accepted by a foreign court, public authority, bank, land registry or other organisation.
Notarial services
A Notary Public may:
Verify identity, legal capacity and authority
Witness and attest signatures
Authenticate documents and issue notarial certificates
Administer oaths and take affirmations or declarations
Prepare or certify deeds, agreements, powers of attorney, wills and other testamentary documents
Note or certify transactions involving negotiable instruments
Receive protests under mercantile law and prepare formal documents concerning ships, navigation and cargo
Arrange an Apostille or other legalisation where required
Making an appointment
Please arrange an appointment before attending our office. This allows us to confirm availability, review the receiving authority's requirements and tell you what to provide in advance.
You may be asked to send the document, the instructions received from abroad and copies of identification or anti-money-laundering documentation before the appointment. Following these instructions helps prevent delay, additional expense or the need for a further visit.
Please provide a contact telephone number, attend on time and bring every original document and supporting paper requested.
Powers of Attorney
A Power of Attorney allows one person, the donor, to authorise another person, the attorney, to sign documents or deal with specified affairs. The authority may be limited to a particular transaction or expressed in general terms.
A Power of Attorney is often used when buying, selling or mortgaging property abroad. It may allow a lawyer or trusted person in that country to complete the transaction without requiring you to travel for every formality. The document will usually have to be signed before a Notary Public.
The foreign lawyer handling the transaction should normally prepare the document because they understand the language, local law and execution requirements. Bring the lawyer's full email and signing instructions to the appointment.
Ask the foreign lawyer or receiving authority whether the completed document also requires an Apostille or legalisation. As a Power of Attorney can have significant legal, financial and tax consequences, obtain appropriate advice before signing or appointing someone you have not met.
Foreign-language documents
The Notary need not necessarily speak the language of the document, but the person signing must understand both the document and its effect. Arrange a reliable translation in advance where required.
The Notary may ask you to confirm formally that you understand the document and its purpose. The Notary will check identity and capacity, witness the signature and complete the required notarial act, but is not normally the drafter of the foreign document or the signer's adviser on foreign law.
Apostille and legalisation
An Apostille or legalisation is an official verification used so a document can be accepted abroad. The receiving authority should confirm whether it is required.
Where necessary, the Notary may arrange an Apostille through the Department of Foreign Affairs after witnessing the document and issuing the notarial certificate. You may also deal directly with the Department.
Documents, identification and confidentiality
Notaries must retain copies of documents they notarise and the identification used. This allows the notarial act to be independently verified by the person or authority receiving it abroad.
Records are retained confidentially and used only for proper notarial, verification, regulatory and record-keeping purposes. Data-protection requirements apply. Additional material may have to be retained where anti-money-laundering and counter-terrorist-financing obligations apply.
Frequently asked questions
What does a notarial service cost?
There is no fixed scale. The fee depends on the nature, complexity, risk and urgency of the work, together with any Apostille, legalisation, translation or third-party costs. We can indicate the likely cost after reviewing the documents and instructions.
Can a document be notarised while I am abroad?
A document may sometimes be certified if it can be verified directly with the issuing authority. If your signature must be witnessed, you will generally have to appear personally before the Notary and prove your identity.
Can an Irish Notary provide a United States notarial stamp?
No. An Irish Notary acts in Ireland and within the area for which they are appointed. An Irish notarial act may nevertheless be recognised in the United States, just as a United States notarial act may be recognised in Ireland, subject to the receiving authority's requirements.
Can a Notary give a Medallion Signature Guarantee?
A Medallion Signature Guarantee is not a notarial act. A Notary may, however, help verify identity to the standard required by the relevant United States financial institution.
Can a foreign national swear an affidavit or declaration in Ireland?
Ask the foreign lawyer or receiving authority who may administer it and whether special formalities apply. Depending on the destination and document, an Irish solicitor may sometimes be sufficient.
How Murphy Rice & Co. can assist
Contact our office before signing the document. We will review the instructions, confirm the identification and supporting material required, and advise whether an Apostille or further legalisation may be necessary.
