When you visit a Notary Public in Ireland, one of the first things they will do is ask for your identification documents. This isn't just professional practice — it's the law. Notaries Public in Ireland are subject to strict anti-money laundering (AML) legislation that requires them to verify the identity of every client. This article explains why these rules exist, what they require, and what you need to bring to your appointment.
The Legal Framework
The primary legislation governing anti-money laundering in Ireland is the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, as amended by subsequent Acts in 2013, 2018, and 2021. This legislation implements the EU Anti-Money Laundering Directives into Irish law.
Under this legislation, Notaries Public are classified as "designated persons" — meaning they are legally required to implement AML procedures. Other designated persons include solicitors, accountants, banks, estate agents, and other professionals.
What the Notary Must Do
The AML legislation requires notaries to carry out several key procedures:
Customer Due Diligence (CDD)
Before providing services, the notary must:
- Identify the client: Verify the client's identity using reliable, independent source documents (typically a passport)
- Verify the client's address: Confirm the client's residential address using recent utility bills or bank statements
- Identify beneficial owners: For corporate clients, identify the ultimate beneficial owners of the entity
- Understand the purpose: Understand the nature and purpose of the business relationship or transaction
Ongoing Monitoring
For repeat clients, the notary must conduct ongoing monitoring to ensure that the client's profile remains consistent with the notary's knowledge of the client.
Suspicious Transaction Reporting
If the notary suspects or has reasonable grounds to suspect that a transaction involves the proceeds of criminal conduct or terrorist financing, they are legally required to file a Suspicious Transaction Report (STR) with the Financial Intelligence Unit of An Garda Síochána. This obligation is confidential — the notary cannot tell the client that a report has been filed.
Record Keeping
The notary must retain copies of all identification documents and records of transactions for at least 5 years after the end of the business relationship or the date of the transaction.
What You Need to Bring
To comply with AML requirements, you should bring the following to your notary appointment:
- ✅ Valid passport (strongly preferred) or other government-issued photo ID
- ✅ Proof of address — utility bill, bank statement, or government correspondence dated within the last 3 months
- ✅ Corporate documents (if acting on behalf of a company) — certificate of incorporation, details of beneficial owners
For a complete guide to ID requirements, see our article on what ID you need for notarisation.
Politically Exposed Persons (PEPs)
If you are a Politically Exposed Person — meaning you hold or have recently held a prominent public function (such as a senior politician, judge, military officer, or senior executive of a state-owned enterprise) — enhanced due diligence procedures apply. This means additional verification steps and potentially more documentation requirements. If you fall into this category, inform the notary's office when booking your appointment so they can prepare accordingly.
Why These Rules Exist
AML rules exist to prevent the financial system — including legal professionals — from being used to launder the proceeds of crime or finance terrorism. Because notaries authenticate documents that may relate to significant financial transactions (property purchases, corporate transactions, powers of attorney for financial management), they are considered a potential point of vulnerability in the financial system.
The rules are designed to:
- Deter criminals from attempting to use legal professionals to legitimise the proceeds of crime
- Enable law enforcement to trace suspicious transactions
- Maintain the integrity of the notarial system and the legal profession
- Comply with international standards set by the Financial Action Task Force (FATF)
Penalties for Non-Compliance
The penalties for failing to comply with AML obligations are severe — both for the professional and for the client who attempts to circumvent the rules:
- Criminal penalties of up to 5 years' imprisonment and/or a fine of up to €500,000 for designated persons who fail to comply
- Regulatory sanctions from professional bodies
- Reputational damage
This is why a notary cannot and will not proceed without proper identification — it is not a matter of discretion, but of legal obligation.
Contact Us
Hugh Phelan takes AML compliance seriously and ensures that all procedures are followed efficiently and professionally. By bringing the correct ID to your appointment, you help ensure a smooth, fast experience.
Call 021-489-7134, email info@phelansolicitors.com, or book an appointment online.
Looking for a Notary Public in Cork?
Hugh Phelan is a Solicitor & Notary Public appointed by the Chief Justice of Ireland. Same-day appointments available.
Notary Public Cork — Book Now📞 +353-21-489-7134 · East Douglas Street, Douglas, Cork