When you visit a notary and are asked for identification and proof of address, it is not bureaucracy for its own sake. Notaries public in Ireland are designated persons under anti-money laundering (AML) legislation, with legal obligations to verify their clients’ identities and monitor for suspicious activity.
Why Notaries Are Subject to AML Law
The Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended) designates notaries public as persons who must comply with AML requirements. This is because notarial acts can be used to facilitate money laundering or terrorist financing — for example, notarising documents for property purchases, company formations, or large financial transactions.
What Is KYC?
Know Your Customer (KYC) is the process of verifying the identity of clients. For notaries, this involves:
- Customer identification: Verifying the identity of the person appearing before the notary
- Beneficial ownership: Identifying the true beneficial owner of any entity involved
- Purpose of the transaction: Understanding why the notarial act is being sought
- Source of funds: In some cases, understanding the source of funds involved in the transaction
What You Need to Bring
Individuals
- Photo ID: Valid passport (preferred for international documents), national identity card, or Irish driving licence
- Proof of address: Utility bill, bank statement, or government correspondence dated within the last 6 months
Companies and Organisations
- Certificate of incorporation
- Memorandum and articles of association
- Board resolution authorising the signatory
- Details of directors and beneficial owners
- Photo ID and proof of address for the person signing
Trusts
- Trust deed or establishment document
- Details of trustees, settlors, and beneficiaries
- ID for the trustee appearing
Enhanced Due Diligence
In certain higher-risk situations, the notary must apply enhanced due diligence. This applies when:
- The client is a politically exposed person (PEP)
- The transaction involves a high-risk country
- The transaction is unusually complex or large
- There are other risk factors present
Enhanced due diligence may involve additional identity checks, more detailed questions about the transaction, or senior management approval.
Suspicious Transaction Reporting
If a notary suspects or has reasonable grounds to suspect that a transaction involves the proceeds of crime or terrorist financing, they are legally required to report it to the Financial Intelligence Unit (FIU) of An Garda Síochána. Key points:
- The notary cannot tell the client that a report has been made (tipping off is a criminal offence)
- The obligation to report overrides client confidentiality
- Failure to report is a criminal offence
- Reports are made in good faith and the notary is protected from liability for reporting
Record Keeping
Under AML legislation, notaries must keep records of:
- Customer identification documents (copies)
- Transaction records
- Risk assessments
These records must be retained for at least 5 years after the end of the business relationship or the completion of the transaction.
Frequently Asked Questions
Why does the notary need to see my ID?
It is a legal requirement under anti-money laundering legislation. The notary must verify your identity before performing any notarial act.
What ID do I need for a notary appointment?
Valid photo ID (passport preferred) and proof of address dated within the last 6 months. Corporate clients need additional company documentation.
Can a notary refuse to notarise if I don’t provide ID?
Yes. It is a legal obligation. The notary must refuse to proceed without verified identity.
Does the notary report my transaction to anyone?
Only if there are grounds for a suspicious transaction report. Routine notarisations are not reported.
AML-Compliant Notary in Cork
Hugh Phelan, Solicitor and Notary Public, practises from East Douglas Street, Douglas, Cork. His practice is fully compliant with all anti-money laundering requirements.
Contact: 021-489-7134 or info@phelansolicitors.com.
Need AML-Compliant Notary Services?
Hugh Phelan is a Solicitor & Notary Public appointed by the Chief Justice of Ireland.
Notary Public Cork — Book Now📞 +353-21-489-7134 · East Douglas Street, Douglas, Cork