A notary public in Ireland is more than a document authenticator — they are an officer of the court with profound professional and legal obligations. These obligations protect the public, maintain the integrity of the notarial system, and ensure that Irish notarial acts are trusted worldwide. This article examines the full scope of a notary's duties under Irish law.
The Duty of Identity Verification
Before performing any notarial act, a notary must satisfy themselves as to the identity of every person appearing before them. This is not a casual check — it requires:
- Examination of original, valid photo identification (passport, national identity card, or driving licence)
- Comparison of the person's appearance with the photograph
- Verification that the name on the identification matches the name on the document to be notarised
- Recording the identification details in the notarial protocol
If the notary cannot satisfactorily verify identity, they must refuse to act. This obligation is reinforced by anti-money laundering legislation, including the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended).
The Duty to Assess Capacity and Voluntariness
A notary must be satisfied that every person appearing before them has the mental capacity to understand what they are doing and is acting voluntarily. This includes assessing whether the person:
- Understands the nature and effect of the document
- Is not acting under duress, undue influence, or coercion
- Has sufficient mental capacity to make the decision
- Is not obviously intoxicated or otherwise impaired
This obligation is particularly important for powers of attorney, where the Assisted Decision-Making (Capacity) Act 2015 has introduced specific capacity assessment requirements.
The Duty to Maintain a Protocol
Every notary public must maintain a protocol (also called a register or notarial record). This is a permanent, chronological record of every notarial act performed. The protocol must include:
- The date and place of the notarial act
- The names and addresses of all parties
- The type of document notarised
- The identification documents examined
- A brief description of the notarial act performed
- The notary's fee
The protocol must be preserved during the notary's professional life and surrendered to the Faculty of Notaries Public in Ireland upon retirement or death. It serves as a permanent record that can be consulted if questions arise about a notarial act, even decades later.
The Duty of Impartiality
A notary acts as an impartial public officer, not as an advocate for any party. This means the notary must:
- Not favour one party's interests over another's
- Not act in matters where they have a personal interest or conflict of interest
- Ensure that all parties understand the significance of the notarial act
- Not accept instructions from one party to the detriment of another
The Duty of Confidentiality
Information obtained during the performance of notarial acts must be kept confidential. This duty continues indefinitely and applies even after the notary's retirement. Where the notary is also a solicitor (as is commonly the case), they owe both notarial confidentiality and solicitor-client privilege — though the two duties are legally distinct.
Anti-Money Laundering Obligations
Under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended by the 2013, 2018, and 2021 Acts), notaries public are “designated persons” subject to anti-money laundering (AML) obligations. These include:
- Customer due diligence (CDD): Verifying the identity of clients and beneficial owners
- Suspicious transaction reporting: Filing reports with the Financial Intelligence Unit of An Garda Síochána where money laundering or terrorist financing is suspected
- Record-keeping: Maintaining CDD records for at least five years after the end of the business relationship
- Risk assessment: Conducting risk assessments of clients and transactions
The Duty to Refuse
A notary is not merely permitted but obliged to refuse to act in certain circumstances:
- Where they suspect fraud, forgery, or deception
- Where the person appearing lacks mental capacity
- Where coercion or undue influence is apparent
- Where the document is for an illegal purpose
- Where identity cannot be satisfactorily verified
- Where acting would breach AML obligations
- Where there is a conflict of interest
Professional Indemnity Insurance
Notaries must maintain adequate professional indemnity insurance to protect clients in the event of negligence. This is typically a requirement of membership of the Faculty of Notaries Public in Ireland and provides financial protection for both the notary and the public.
Continuing Professional Development
Notaries are required to engage in continuing professional development (CPD) to maintain and update their knowledge. The Faculty of Notaries Public organises CPD events covering developments in notarial law, international private law, and related areas.
Frequently Asked Questions
What are the main obligations of a notary public in Ireland?
Verifying identity and capacity, maintaining a protocol, preserving confidentiality, acting with impartiality, refusing to act where fraud or coercion is suspected, maintaining insurance, and complying with AML legislation.
Can a notary public refuse to notarise a document?
Yes — and they must refuse if they suspect fraud, coercion, lack of capacity, or if acting would breach AML obligations or other legal requirements.
Is a notary public bound by confidentiality?
Yes. The confidentiality obligation continues indefinitely and is separate from solicitor-client privilege.
Consult an Experienced Notary Public in Cork
Hugh Phelan takes his professional obligations seriously, combining his qualifications as a Solicitor and Notary Public with his dual qualification in Ireland and England & Wales. Contact his office at 021-489-7134 or email info@phelansolicitors.com.