The office of Notary Public in Ireland has deep historical roots, with legislation dating back centuries. Understanding the legal framework helps explain why notarised documents carry such weight internationally and why the role is so carefully regulated.
The Public Notaries (Ireland) Act 1821
This is the foundational legislation for notaries public in Ireland. The Act established the framework under which notaries are appointed and regulated. Key provisions include:
- The power of the Lord Chancellor (now the Chief Justice) to appoint notaries public
- Requirements for qualification and good character
- The territorial scope of a notary’s authority
- Provisions for the notary’s seal and signature
Despite being over 200 years old, this Act remains the primary statutory authority for the notarial profession in Ireland.
The Solicitors Acts 1954–2015
In Ireland, a notary public must also be a qualified solicitor. The Solicitors Acts govern the solicitors’ profession and, by extension, affect notaries in several ways:
- Practising certificates: A notary must hold a current solicitor’s practising certificate
- Professional conduct: Notaries are bound by the same professional conduct rules as solicitors
- Client accounts: Where a notary handles client funds, solicitors’ accounting regulations apply
- Complaints and discipline: The Legal Services Regulatory Authority (LSRA) has oversight
The Legal Services Regulation Act 2015
This Act established the Legal Services Regulatory Authority (LSRA), which has regulatory oversight of both solicitors and barristers. For notaries, the key implications are:
- An independent complaints mechanism through the LSRA
- Enhanced professional conduct standards
- Transparency requirements around costs and fees
- A framework for investigating and disciplining legal practitioners
Anti-Money Laundering Legislation
Notaries public in Ireland are “designated persons” under anti-money laundering (AML) legislation, including:
- Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended)
- EU Anti-Money Laundering Directives (transposed into Irish law)
This means notaries must:
- Verify the identity of clients (Know Your Customer/KYC procedures)
- Report suspicious transactions to the Financial Intelligence Unit
- Maintain records of transactions and client identification
- Conduct risk assessments on their practice
- Provide ongoing training on AML compliance
The Hague Apostille Convention
While not Irish legislation, the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961) directly affects notarial practice. Ireland is a member, and the Convention provides the framework under which notarised documents are authenticated for international use via apostille.
EU Regulations
Several EU regulations affect notarial practice in Ireland:
- EU Regulation 2016/1191: Simplifies the circulation of certain public documents between EU member states, reducing the need for apostille in some cases
- Brussels II Regulation (recast): Affects recognition of family law documents across the EU
- EU Succession Regulation (Brussels IV): Governs cross-border succession, though Ireland opted out
- GDPR: Data protection obligations apply to notaries handling personal data
The Faculty of Notaries Public in Ireland
The Faculty of Notaries Public in Ireland is the representative body for notaries. While not a statutory body, it plays an important role in:
- Setting professional standards and best practice
- Providing continuing professional development
- Representing notaries’ interests in legislative discussions
- Maintaining the Diploma in Notarial Law and Practice
Appointment Process
Under current practice, to become a notary public in Ireland:
- You must be a qualified solicitor with a current practising certificate
- Complete the Diploma in Notarial Law and Practice
- Apply to the Chief Justice for appointment
- The appointment is for life (subject to maintaining a practising certificate and good standing)
The number of notaries is limited, and the Chief Justice considers the need for notarial services in the applicant’s area before making an appointment.
The Notary’s Seal
A notary’s seal is central to their authority. The seal is registered with the courts and is the mark by which foreign authorities verify the authenticity of notarised documents. Each notary has a unique seal, and the Department of Foreign Affairs maintains records of these seals for apostille verification purposes.
Frequently Asked Questions
What legislation governs notaries public in Ireland?
The primary legislation is the Public Notaries (Ireland) Act 1821. Notaries are also subject to the Solicitors Acts, anti-money laundering legislation, and various EU regulations.
Who appoints notaries public in Ireland?
The Chief Justice of Ireland. The appointment is for life and is made on application by a qualified solicitor who has completed the Diploma in Notarial Law and Practice.
Is a notary public the same as a solicitor in Ireland?
Not exactly. In Ireland, a notary must first be a solicitor, but being a solicitor does not automatically make someone a notary. A separate appointment by the Chief Justice is required.
Can anyone become a notary public in Ireland?
No. You must be a qualified solicitor, complete the Diploma in Notarial Law and Practice, and be appointed by the Chief Justice. The number of notaries is limited.
About Hugh Phelan
Hugh Phelan is a Solicitor and Notary Public practising from East Douglas Street, Douglas, Cork. He holds a BCL from UCC and a Diploma in Notarial Law and Practice, and is dual-qualified as a solicitor in Ireland and England & Wales. He was appointed by the Chief Justice and is commissioned for life.
Contact: 021-489-7134 or info@phelansolicitors.com.
Need a Qualified Notary Public in Cork?
Hugh Phelan is a Solicitor & Notary Public appointed by the Chief Justice of Ireland.
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