Understanding the Role of a Notary Public

Notary Public

Everything you need to know about what a Notary Public is, how they are appointed in Ireland, what they do, and when you need one — explained by Hugh Phelan, Solicitor & Notary Public in Cork.

What Is a Notary Public?

A Notary Public is a public officer constituted by law to serve the public in non-contentious matters, usually concerned with foreign or international business. The office of Notary Public is one of the oldest in the legal profession, dating back to the Roman Republic. In Ireland, notaries public continue to fulfil a vital role in authenticating documents for use across the world.

In practical terms, a Notary Public verifies identities, witnesses signatures, administers oaths, certifies copies of documents, and issues notarial certificates that carry the Notary's official seal. These certificates are recognised by courts, government authorities, banks, and institutions in virtually every country on earth.

The role of a Notary Public is distinct from that of a solicitor or barrister. While a solicitor provides legal advice and representation, a Notary Public specifically provides authentication and certification services — giving documents the formal status needed for international recognition.

Notary Public Hugh Phelan in his Cork office

How Is a Notary Public Appointed in Ireland?

In Ireland, the appointment of a Notary Public is one of the most rigorous in the legal profession. The process involves:

  1. Legal qualification: Candidates must first qualify as a solicitor or barrister in Ireland. This requires a law degree (such as a BCL or LLB) followed by professional training through the Law Society of Ireland or King's Inns.
  2. Specialist notarial qualification: Candidates must complete a Diploma in Notarial Law and Practice (Dip.Not.L.) through the Faculty of Notaries Public in Ireland. This specialist qualification covers the theory and practice of notarial law, international document authentication, and the customs and usage of notaries.
  3. Petition to the Chief Justice: The candidate petitions the Chief Justice of Ireland and President of the Supreme Court for appointment. The Chief Justice considers the candidate's qualifications, character, and the needs of the area.
  4. Appointment for life: Once appointed, a Notary Public is commissioned for life. This reflects the permanence and gravity of the office — a Notary's seal and commission carry the full authority of the Irish State.

Hugh Phelan was appointed and constituted a Notary Public by the Chief Justice of Ireland and President of the Supreme Court. He holds a BCL from University College Cork, is a qualified solicitor in both Ireland and England & Wales, and holds a Specialist Diploma in Notarial Law and Practice (Dip.Not.L.). With over 20 years of professional experience, he is one of Cork's most established notaries.

What Does a Notary Public Do?

A Notary Public is empowered by law and by the custom and usage of notaries through the ages to perform a wide range of functions:

Authenticate Documents & Attest Signatures

Verifying the identity of signatories and witnessing the signing of documents, giving them legal validity for international use.

Administer Oaths & Affirmations

Taking oaths, affirmations, affidavits, and statutory declarations, particularly for documents intended for use internationally.

Issue Notarial Certificates

Giving notarial acts and issuing certificates that bear the Notary's official seal — recognised by authorities worldwide.

Prepare Powers of Attorney

Drawing up powers of attorney and other legal documents customarily prepared by Notaries Public for use in foreign jurisdictions.

Certify Copies of Documents

Certifying that copies of passports, birth certificates, degrees, and other documents are true reproductions of the originals.

Noting & Protesting Bills of Exchange

A traditional notarial function under mercantile law — noting bills of exchange that have been dishonoured and issuing protest certificates.

Notary Public vs Commissioner for Oaths — What's the Difference?

This is one of the most common questions people ask. While both a Notary Public and a Commissioner for Oaths can administer oaths, the two roles are very different in scope and authority:

Feature Notary Public Commissioner for Oaths
Appointed byChief Justice of IrelandChief Justice (or automatic for solicitors)
International recognition✓ Worldwide✗ Ireland only
Official seal✓ Yes — registered & unique✗ No seal
Apostille/legalisation✓ Documents eligible✗ Not eligible
Powers of attorney (foreign)✓ Can prepare & certify✗ Not recognised abroad
Certified copies (international)✓ Accepted worldwide✗ Limited acceptance
Specialist qualification✓ Dip.Not.L. required✗ No additional qualification

In short: if your documents need to be used outside Ireland, you almost certainly need a Notary Public rather than a Commissioner for Oaths. All practising solicitors in Ireland are automatically Commissioners for Oaths, but only those specifically appointed by the Chief Justice hold the office of Notary Public.

Watch: About Hugh Phelan, Notary Public

When Do You Need a Notary Public?

You are most likely to need a Notary Public in the following situations:

  • Buying or selling property abroad — Powers of attorney, certified identification, and authenticated financial documents are typically required
  • Setting up a company overseas — Corporate documents, board resolutions, and articles of association often require notarisation
  • Immigration and visa applications — Many countries require notarised copies of passports, birth certificates, qualifications, and background checks
  • Apostille or legalisation of documents — Documents must be notarised before an apostille can be applied or legalisation can proceed
  • International business transactions — Contracts, agreements, and corporate documents for cross-border deals
  • Inheritance and estate matters abroad — Affidavits of heirship, renunciation of rights, and authenticated wills for foreign probate
  • Academic and professional credentials — Certified copies of degrees, transcripts, and professional qualifications for overseas employers or institutions

The History of the Notary Public in Ireland

The office of Notary Public has a history spanning over two thousand years. The word "notary" derives from the Latin notarius, meaning a writer or scribe. In the Roman Republic, notaries were trusted officials who recorded legal proceedings, contracts, and transactions. As the Roman Empire expanded, the notarial system spread across Europe.

In Ireland, the notarial tradition arrived through the influence of both Roman law and the common law system. Today, Irish notaries public are members of the Faculty of Notaries Public in Ireland and operate under the authority of the Chief Justice. The Irish notarial system is respected internationally, and the seal of an Irish Notary Public is recognised by courts and institutions throughout the world.

This rich heritage means that when a Notary Public affixes their seal to a document, it carries centuries of legal tradition and authority behind it. It is not simply a rubber stamp — it is a solemn certification backed by the full weight of the Irish legal system.

Documents a Notary Public Can Authenticate

The range of documents a Notary Public can authenticate is broad. Common examples include:

Birth certificates, marriage certificates, death certificates
Divorce decrees and single status affidavits
Powers of attorney
Passport copies and driver licence copies
Transcripts, diplomas, and degree certificates
Background check documents
Authorisation and consent letters
Travel consent letters for minors
Articles of incorporation and certificates of good standing
Commercial invoices and certificates of origin
Company powers of attorney
Certificates of free sale

Hugh Phelan — Your Notary Public in Cork

Hugh Phelan brings exceptional qualifications and deep experience to every notarial matter:

Appointed by the Chief Justice of Ireland — commissioned for life

Dual-qualified solicitor — Ireland and England & Wales

Dip.Not.L. — Specialist Diploma in Notarial Law and Practice

BCL, University College Cork

20+ years professional experience

Member of the Faculty of Notaries Public in Ireland

Frequently Asked Questions About Notaries Public

Ready to Speak With a Notary Public?

Hugh Phelan is available for same-day appointments. Call now or book online.

Tramway Terrace, 7 East Douglas Street, Douglas, Cork T12 TD6C

Hugh Phelan Notary Public Resources:

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