Notary Requirements for International Fund Administration

Ireland is a major centre for international fund administration, with hundreds of fund management companies and service providers. When Irish-administered funds operate across borders, various documents require notarisation for foreign regulators, custodians, banks, and counterparties.

Overview

International funds administered from Ireland interact with regulators, banks, and counterparties in multiple jurisdictions. Foreign entities frequently require authenticated Irish documents as part of their due diligence, regulatory, and compliance processes. Notarisation provides the authentication that foreign institutions need.

Documents That Need Notarisation

• Fund constitutional documents: Prospectus, supplement, trust deed, or partnership agreement
• Certificate of incorporation: For fund entities registered in Ireland
• Central Bank authorisation: Evidence of regulatory authorisation
• Board resolutions: Authorising account openings, appointments, or transactions
• Powers of attorney: For representatives dealing with foreign custodians or counterparties
• Directors' certificates: Confirming fund details, NAV, or investment mandates
• Audited financial statements: For due diligence by foreign parties
• KYC/AML documents: Identity and corporate verification documents

KYC and AML Requirements

Foreign banks, custodians, and prime brokers require KYC (Know Your Customer) documentation for Irish-administered funds. Notarised documents frequently required include:

• Certified copies of directors' and beneficial owners' passports
• Certified copies of proof of address documents
• Notarised copies of fund structure charts
• Directors' declarations regarding beneficial ownership

Regulatory Filings

When Irish funds register for distribution in foreign markets, the foreign regulator may require notarised copies of Irish regulatory documentation, including the Central Bank of Ireland's authorisation letter, fund rules, and prospectus.

Notarisation Process

Hugh Phelan, Notary Public in Cork, provides notarial services to the fund administration industry. Directors or authorised officers attend with documents and identification. Multiple documents handled in one appointment. Office: East Douglas Street, Douglas, Cork. Phone: (021) 489 7134.

Apostille

After notarisation, apostille for Hague countries; embassy legalisation for others. See our apostille services page.

Foreign Custodian Requirements

When Irish-administered funds appoint foreign custodians or sub-custodians, the custodian's compliance team requires extensive documentation about the fund. This typically includes notarised copies of the fund's constitutional documents, Central Bank authorisation, board resolutions appointing the custodian, and KYC documentation for the fund's directors and beneficial owners. Each custodian has its own onboarding documentation requirements, but notarised documents are almost universally required.

Prime brokers — particularly those based in the USA or UK — also require authenticated documentation for their onboarding processes. This includes ISDA master agreements, account opening forms, and corporate authorisations.

Cross-Border Distribution

When Irish funds seek to distribute in foreign markets, the host country's regulator requires notification and may require authenticated documentation. Under the EU's UCITS and AIFMD frameworks, cross-border distribution within the EU involves a notification procedure that may require authenticated copies of fund documentation. Outside the EU, the requirements are jurisdiction-specific and may be more extensive.

For distribution in Asia, the Middle East, and Latin America, the documentation requirements are typically more demanding. Hong Kong's SFC, Singapore's MAS, and the Dubai Financial Services Authority (DFSA) all have specific document authentication requirements for foreign funds seeking access to their markets.

Anti-Money Laundering Documentation

The funds industry is subject to stringent AML requirements globally. Irish fund administrators must provide authenticated AML documentation to foreign counterparties, including KYC documentation for the fund's directors, controllers, and beneficial owners. Notarised passport copies, proof of address certifications, and source of wealth declarations are standard requirements.

Frequently Asked Questions