The difference between a Notary Public and a Commissioner for Oaths is one of the most commonly misunderstood distinctions in Irish legal practice. Getting it wrong can mean your document is rejected by a foreign authority, costing you time and money. This guide sets out the differences clearly so you know exactly which professional you need.
Quick Comparison Table
Commissioner for Oaths:
- Appointed by: Courts Service (automatic for solicitors)
- Qualifications: Practising solicitor certificate
- Recognition: Ireland only
- Can do: Witness oaths, affidavits, statutory declarations
- Cannot do: Notarise for international use, provide apostille-ready documents
- Cost: €10–€30
Notary Public:
- Appointed by: Chief Justice of Ireland
- Qualifications: Legal degree + Diploma in Notarial Law & Practice
- Recognition: Worldwide
- Can do: Everything a Commissioner can do PLUS notarisation for international use
- Seal: Registered with the Department of Foreign Affairs
- Cost: €65–€150+
Appointment and Qualifications
A Commissioner for Oaths is typically any practising solicitor in Ireland — they receive the power automatically with their practising certificate. There are thousands of Commissioners for Oaths across the country.
A Notary Public is appointed by the Chief Justice of Ireland through a rigorous application process and must hold the Diploma in Notarial Law and Practice from the Faculty of Notaries Public in Ireland. The appointment is for life and the number of Notaries Public is relatively small.
International Recognition
This is the critical difference. A Notary Public's seal is recognised by authorities, courts, and institutions in countries around the world. The seal is registered with the Department of Foreign Affairs, which enables the DFA to verify it and issue an apostille. A Commissioner for Oaths' stamp has no international recognition whatsoever.
When to Use Each
Use a Commissioner for Oaths when:
- The document is for use within Ireland only
- You need an affidavit sworn for Irish court proceedings
- You need a statutory declaration for domestic purposes
- You need certified copies for an Irish authority
Use a Notary Public when:
- The document is for use in another country
- A foreign authority requires "notarisation" or a "notarised document"
- The document needs an apostille or embassy legalisation
- You need an internationally recognised power of attorney
- An embassy or consulate requires notarial certification
Cost Comparison
The cost difference is significant: €10–€30 for a Commissioner vs €65–€150+ for a Notary Public. However, this reflects genuine differences in the service provided. Using a Commissioner when you need a Notary is a false economy — your document will be rejected abroad, and you'll have to pay for notarisation anyway.
Frequently Asked Questions
What is the main difference?
International recognition. Notary = worldwide. Commissioner = Ireland only.
Is a Notary Public more expensive?
Yes, reflecting specialist qualifications and international recognition.
Can a Commissioner notarise documents?
No. Only a Notary Public can notarise documents for international use.
Not Sure Which You Need?
Hugh Phelan is both a Commissioner for Oaths and a Notary Public — he can advise which service you need and provide both from one office. Contact Hugh Phelan’s office at 021-489-7134 or email info@phelansolicitors.com.
Looking for a Notary Public in Cork?
Hugh Phelan is a Solicitor & Notary Public appointed by the Chief Justice of Ireland. Same-day appointments available.
Notary Public Cork — Book Now📞 +353-21-489-7134 · East Douglas Street, Douglas, Cork