While the core of Irish notary law dates back to the Public Notaries (Ireland) Act 1821, the regulatory landscape has seen significant changes in recent years. These changes affect how notaries practise, how they are regulated, and what protections clients receive.
The Legal Services Regulation Act 2015
The most significant recent change to the regulation of legal professionals in Ireland, including notaries, was the establishment of the Legal Services Regulatory Authority (LSRA). Key impacts:
- Independent complaints: Complaints about notaries are now handled by an independent body rather than solely by the profession itself
- Transparency: Greater requirements around disclosure of costs and fees
- Disciplinary Tribunal: The LSRA can refer serious matters to the Legal Practitioners Disciplinary Tribunal
- Public register: A register of determinations is maintained for public access
Anti-Money Laundering Updates
Ireland has progressively strengthened its AML framework in line with EU directives:
- The Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 implemented the 5th EU Anti-Money Laundering Directive
- Enhanced customer due diligence requirements for higher-risk transactions
- Beneficial ownership registers for companies and trusts
- Stricter requirements for politically exposed persons (PEPs)
- Mandatory suspicious transaction reporting
For notaries, this means more rigorous identity verification and record-keeping obligations.
EU Regulation 2016/1191
This regulation, which took effect in February 2019, simplifies the circulation of certain public documents between EU member states. For notarial practice:
- Certain civil status documents (birth, death, marriage, name change) no longer require apostille when moving between EU states
- Multilingual standard forms can replace certified translations for these documents
- This reduces costs and processing time for clients
However, the regulation does not cover all documents — commercial documents, powers of attorney, and many other notarised documents still require apostille even within the EU.
Remote Notarisation
The COVID-19 pandemic accelerated discussion about remote notarisation worldwide. Some jurisdictions (including parts of the United States and Australia) introduced frameworks for video-based notarisation. In Ireland:
- Traditional practice requires personal appearance before the notary
- Ireland has not yet formally legislated for remote notarisation
- The Faculty of Notaries continues to assess this area
- Any change would require careful consideration of identity verification and fraud prevention
GDPR and Data Protection
The General Data Protection Regulation has affected notarial practice in several ways:
- Notaries must have lawful bases for processing personal data
- Privacy notices must be provided to clients
- Data retention policies must balance GDPR requirements with the obligation to maintain the notarial protocol indefinitely
- Data breach notification obligations apply
Digital Developments
While full remote notarisation has not yet arrived in Ireland, digital developments are affecting practice:
- Electronic submission of apostille applications to the DFA
- Digital verification of notarial seals (in development internationally)
- Electronic notarial registers
- Online booking and document submission for efficiency
Frequently Asked Questions
What recent changes affect Irish notary law?
Key changes include the LSRA establishment, updated AML regulations, EU Regulation 2016/1191, and ongoing developments in remote notarisation.
Can notarisation be done remotely in Ireland?
Not yet. Ireland has not formally legislated for remote notarisation. Personal appearance before the notary remains required.
Has the LSRA changed how notaries are regulated?
Yes. The LSRA provides an independent complaints mechanism, separate from the Law Society’s self-regulation.
Do EU regulations affect Irish notaries?
Yes. EU Regulation 2016/1191, AML directives, and GDPR all directly affect notarial practice.
Current, Compliant Notary Services
Hugh Phelan, Solicitor and Notary Public, practises from East Douglas Street, Douglas, Cork. He stays current with all regulatory changes and provides services compliant with the latest legal requirements.
Contact: 021-489-7134 or info@phelansolicitors.com.
Need Up-to-Date Notary Services in Cork?
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