Understanding the Role of a 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.
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.
In Ireland, the appointment of a Notary Public is one of the most rigorous in the legal profession. The process involves:
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.
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:
Verifying the identity of signatories and witnessing the signing of documents, giving them legal validity for international use.
Taking oaths, affirmations, affidavits, and statutory declarations, particularly for documents intended for use internationally.
Giving notarial acts and issuing certificates that bear the Notary's official seal — recognised by authorities worldwide.
Drawing up powers of attorney and other legal documents customarily prepared by Notaries Public for use in foreign jurisdictions.
Certifying that copies of passports, birth certificates, degrees, and other documents are true reproductions of the originals.
A traditional notarial function under mercantile law — noting bills of exchange that have been dishonoured and issuing protest certificates.
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 by | Chief Justice of Ireland | Chief 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.
You are most likely to need a Notary Public in the following situations:
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.
The range of documents a Notary Public can authenticate is broad. Common examples include:
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
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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