Notary Public
Area of Expertise
A Notary Public is empowered by law and by custom and usage of notries through the age e to:
- Apostille and Legalisation
- Take Affidavits
- Authenticate Documents
- Administer Oaths
- Adoption Papers
- Receive and Make Protests
- Draw up Powers of Attorney
- Take Affirmations
Apostille and Legalisation
There are two basic types of document legalization - 'Apostille' seal and consular legalisation (consular Legalization). Choice of the type of legalisation in each case depends on the destination country that is country, to which authorities it will be subsequently submitted. Attachment of an “Apostille” stamp (sometimes this procedure is also called “simplified legalisation” or “Apostillisation ") is used for sending the document to the counties which have acceded to the Hague Convention of 5 October 1961, abolishing the requirement of consular legalization and deceptive simplified procedure of legalization - attachment of an “Apostille " stamp.
An Apostille is a certificate issued by the Department of Foreign Affairs verifying the genuineness of the signature and/or seal of a public officer e.g. a Notary Public, on a public document and the capacity in which he or she has acted. It is sometimes referred to as a 'fast-track' version of legalisation. Legalisation of a document is an implementation of a certain number of formal procedures in order to make the document legal in the territory of another state. The ultimate goal of the document legalization procedure, issued on the territory of one State, is the possibility of submitting it to the authorities of another State.
Document legalization is almost always required when it is necessary to be submitted to the authorities of another State. This means that a document issued, for example, in Ireland, is legal only on the territory of Ireland, where it can be fully used, but for its submission to the authorities of another country legalization will be required.
The exceptions to this rule are certain types of documents that cannot be legalized, as well as some countries with which Ireland has concluded a bilateral agreement, abolishing the requirement of legalization.
Take Affidavits
An affidavit is a written sworn statement from a witness in a case. It is a document that sets out in paragraph form the evidence that the witness wishes to give. Affidavits are usually written and prepared by a legal representative such as a lawyer, a solicitor or barrister after having obtained all the necessary information from the witness. The wording used in the affidavit will depend on the circumstances of the case. Your legal representative can give you more information on the wording that will be used.
When the affidavit is ready, the witness must go before the Notary Public. The Notary Public will check that the person swearing the oath has read the affidavit and fully understands the contents. The witness will be asked to raise the Bible and to repeat the words of the oath. If the witness does not wish to swear an oath on the Bible, he or she may make an affirmation. He or she will then sign the affidavit.
The Notary Public will verify that the affidavit was properly sworn by completing a "jurat" on the affidavit. It may then be submitted as evidence to the court by lodging it in the appropriate court office and sending a duplicate to the other party in the case.
Some cases do not involve an oral hearing with witnesses giving evidence in court. Those cases may be dealt with by affidavit only. For example, if the Plaintiff issues a summary summons, it will be accompanied by an affidavit setting out the facts of the case. The Defendant may then respond by affidavit. The judge may be able to decide the case by simply reading the affidavits. This is a swifter and less expensive procedure.
Authenticate Documents
A Notary Public can authenticate original documents, or alternatively, certify that that the appearer has sworn that it is a copy of an original document. Such documents include passports, degrees, diplomas, professional qualifications etc...
Administer Oaths
One of the most important duties of the Notary is to administer oaths and affirmations, which are solemn promises of truthfulness or fidelity made by a signer, witness, or new office-holder. An affirmation is a pledge on one's personal honor, but both are legally equivalent and subject the oath-taker or affirmant to penalties for perjury. Both may be notarial acts in their own right -- as "swearing in" a new public official -- or they may be part of the process of performing an acknowledgment or jurat notarisation.
Adoption Papers
The Adoption Act 2010 commenced on 1st November 2010. This coincided with Ireland's formal ratification of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The Adoption Authority was also established on that day. The purpose of the Adoption Act, 2010, is to improve standards in both domestic and intercountry adoption. The regulatory framework governing adoption has been strengthened in an attempt to ensure that the best interests of children are protected at every step throughout the adoption process. With effect from 1 November 2010 inter-country adoptions can be effected with other countries which have ratified the Hague Convention or with which Ireland has a bilateral agreement.
Receive and Make Protests
In maritime law, a sea protest is a notarized statement obtained after a ship enters port after a rough voyage. Its purpose is to protect the ship's charterer or owner from liability for damage to the cargo, the ship or to other ships in a collision, where this was caused by the perils of the sea (for example, bad weather).
If it is known or suspected that such damage has occurred, the captain will make a sworn "protest in common form" at the office of a notary public, or a consul. If the full extent of any damage caused only becomes apparent while or after the cargo is unloaded, the captain may return to the office of the notary public to extend his protest. If a sea protest is not made, the owner or charterer may be liable for the damage caused and may be unable to produce the ship's log (which would have recorded the relevant incidents) as evidence in court.
Draw up Powers of Attorney
A Power of Attorney is a document signed by one person (usually called the ‘donor’) giving another person (usually called the ‘donee‘ or the ‘attorney‘) power to sign documents on the donor’s behalf and to do such things in relation to his or her affairs as are described specifically (a limited power) or generally (a general power) in the document.
Take Affirmations
An affirmation is a solemn and formal declaration that something is true. It is often used as an alternative to an oath for individuals who do not wish to swear on a religious text. An affirmation has the same legal weight as an oath.