David Walley & Co. Notary Solicitors
We offer a comprehensive service to include notarising documentation, arranging for the Apostille to be affixed and where required, the consularisation of documents. We will advise on the required protocols of all Countries.
We provide notary services for many of the Corporate Solicitors, Banks and Fund Management Companies in the International Financial Services Centre.
We offer a call out service and endeavour to turn documents around as quickly as possible noting the needs of our clients for speed and efficiency.
Details of our charges are available on request.
What is a Notary?
Notary Public is a public officer constituted by law and appointed by the Chief Justice of Ireland to serve the public in non contentious matters usually concerned with foreign or international business.
A Notary Public is empowered by law, and custom and the usage of notaries through the ages to:
- Administer oaths
- Attest signatures
- Authenticate documents
- Give notarial acts
- Taking affidavits other than for the Courts in Ireland
- Taking affirmations and declarations generally
- Receiving and making protests under Marcum Time Law and the issue of notarial certificates in respect of documents in persons.
- Drawing up Powers of Attorney and other legal documents customarily prepared by a Notary Public
The Acts of a Notary Public have worldwide recognition.
Proof of Identity
The Notary will require the usual proofs of identity and residential address and will normally accept an original passport or drivers licence as sufficient evidence of identity with a copy of a utility bill no more than three months old as sufficient evidence of address. Lesser proof will only be accepted for compelling reasons.
Understanding the document
It is the persons own responsibility to ensure that they understand the document they intend to sign before a Notary. It is not a Notary's duty, to ensure, that the person can understand the document, but it is usual, for the Notary to ask for and be given an assurance from the person, that they understand the document.
If the document is a highly technical document, such as a building agreement or a Power of Attorney or is in a language, that the person does not understand, it is the duty of that person to have the document explained beforehand to them by somebody competent to do so. It is not the duty of the Notary, to explain the document to the person.
It is important, that any person signing legal documents takes legal advice before going to the Notary. The Notary is normally only concerned with verification of identity, name, address and signature and the ability in a general way to understand the document.
Foreign Language documents
The Notary does not need to understand the foreign language in which the document is written. The Notary however will seek an assurance from the person signing the document, that they understand the document and if the Notary is so satisfied, he will stamp the foreign language document with a statement to the following effect "the notarial act is limited to the verification of the identity, legal capacity, name and signature of the appearer unless otherwise expressly stated in the English language".
This endorsement is to protect the person and the Notary in case the language of the document or the practice of the country in which the document is to be used would suggest that the Notary is doing or saying more than either the Notary or the person understands.
The Department of Foreign Affairs has the power to legalise documents for foreign jurisdiction. The legalising of documents is an authentication by the Department of Foreign Affairs confirming that the signature, seal or stamp of the Notary Public appearing on the document is genuine. Legalising a document means authenticating it for the purposes of making it acceptable to a foreign jurisdiction and does not mean that the content of a document is accurate or that the Department of Foreign Affairs approves of the content of the document.
In 1961 the Hague Convention abolished the requirement for foreign public documents (e.g. births, deaths, and marriage certificates, and documents issued by a Notary Public) to be legalised for countries that are parties to the Convention. The Convention entered into force in Ireland on the 9th March 1999. Some countries however which are parties to the Convention may request that the bearer of a document issued by a public authority obtain an Apostille from the authorities of the country that issued the document. An Apostille involves the addition of a certificate, either stamped on the document itself or attached to it. It certifies the country of origin of the document, the identity and capacity in which the document has been signed, and the name of any authority which has affixed a seal or stamp to the document.
Some countries in addition to seeking an Apostille on the document will also require the document to be consularised in the embassy in Ireland or the Consular mission normally situate in London where there is no Embassy in this country.