A notary public in Ireland holds a position of significant trust and responsibility. Understanding their legal obligations helps explain why notarised documents are so widely accepted internationally, and why the process involves more than simply stamping a page.
Identity Verification
A notary must verify the identity of every person whose signature they authenticate or who appears before them. This is a fundamental obligation — the notary’s certificate effectively tells the world that the person who signed is who they claim to be.
Acceptable identification typically includes:
- Valid passport (preferred for international documents)
- National identity card
- Irish driving licence (for domestic matters)
In some cases, particularly for anti-money laundering purposes, the notary may also require proof of address (utility bill, bank statement).
Ensuring Understanding and Consent
The notary must satisfy themselves that the signatory:
- Understands the nature and effect of the document
- Is signing voluntarily and not under duress or undue influence
- Has the legal capacity to enter into the transaction
If the notary has any doubt about understanding or consent, they must refuse to proceed. This obligation is taken very seriously and provides an important safeguard against fraud and exploitation.
The Notarial Protocol
Every notary must maintain a protocol — a register of all notarial acts performed. This includes:
- Date and place of the notarial act
- Name and address of each person appearing
- Description of the document notarised
- The nature of the notarial act (e.g., certification, authentication, witnessing)
- A copy of or reference to the document
The protocol is a permanent record. When a notary retires or dies, the protocol is preserved and passed on. This means that the record of your notarial act exists in perpetuity.
Impartiality
A notary must act impartially. Unlike a solicitor who acts for one party, a notary’s duty is to the document and the transaction, not to any particular party. This means:
- A notary cannot act where they have a personal interest in the transaction
- They must not favour one party over another
- If acting as a solicitor for one party and being asked to notarise the same transaction, they must be transparent about this dual role
Anti-Money Laundering Compliance
Under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, notaries must:
- Conduct customer due diligence (KYC) before performing notarial acts
- Identify and verify the beneficial owner of any entity involved
- Monitor transactions for suspicious activity
- Report suspicious transactions to the Financial Intelligence Unit of An Garda Síochána
- Keep AML records for at least 5 years
- Conduct periodic risk assessments of their practice
Professional Indemnity Insurance
Notaries must maintain professional indemnity insurance to protect clients against loss arising from negligence or error. This is in addition to the insurance requirements that apply to them as solicitors.
Duty to Refuse
A notary must refuse to act if:
- They suspect fraud or forgery
- The signatory cannot prove their identity
- The signatory does not appear to understand the document
- There are signs of undue influence or coercion
- The transaction appears to involve money laundering or terrorist financing
- The notary has a conflict of interest
Continuing Professional Development
Notaries are required to maintain their professional competence through continuing professional development (CPD). This includes staying current with changes in legislation, international conventions, and best practice.
Frequently Asked Questions
What are a notary’s main obligations?
Verify identity, ensure understanding and consent, maintain a protocol, remain impartial, comply with AML requirements, and maintain professional indemnity insurance.
Can a notary refuse to notarise a document?
Yes. A notary must refuse if they suspect fraud, if identity cannot be proved, if the signatory does not appear to understand the document, or if they suspect undue influence or money laundering.
Does a notary check the contents of a document?
A notary verifies identity and confirms understanding and consent. They do not typically provide legal advice on the contents unless also acting as the client’s solicitor.
How long must a notary keep records?
The notarial protocol is kept indefinitely. AML records must be kept for at least 5 years after the business relationship ends.
Professional Notary Services in Cork
Hugh Phelan, Solicitor and Notary Public, practises from East Douglas Street, Douglas, Cork. Appointed by the Chief Justice of Ireland and commissioned for life, he takes his notarial obligations seriously and provides a thorough, professional service.
Contact: 021-489-7134 or info@phelansolicitors.com.
Need a Professional Notary Public 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