Glossary: International Legal Terms in Notarisation

Notarisation involves a specific vocabulary that can be confusing for anyone encountering it for the first time. This glossary covers the most common terms you will encounter when dealing with notarised documents, apostilles, and international document authentication.

A

Affidavit: A written statement of fact made voluntarily and confirmed by oath or affirmation before a notary public or other authorised person. Affidavits are used in legal proceedings and for various administrative purposes.

Apostille: A certificate issued under the 1961 Hague Convention that authenticates the origin of a public document (including notarised documents). In Ireland, apostilles are issued by the Department of Foreign Affairs for €40 per document. An apostille is recognised by all member states of the Hague Apostille Convention (over 120 countries).

Attestation: The act of witnessing the execution of a document and certifying its authenticity. In some jurisdictions (notably the UAE), attestation refers to a specific authentication step beyond apostille.

Authentication: The process of verifying that a document is genuine. Notarisation is one form of authentication; apostille and embassy legalisation are others.

C

Capacity: The legal and mental ability of a person to understand the nature and effect of the document they are signing. The notary must assess capacity before proceeding with any notarial act.

Certified Copy: A copy of a document that has been verified as a true copy of the original. When a notary creates a certified copy, they compare the copy to the original and attach a notarial certificate confirming it is a true copy.

Commissioner for Oaths: A person authorised to administer oaths and witness statutory declarations for domestic Irish purposes. Not the same as a Notary Public — a Commissioner's authentication is not recognised internationally and cannot be apostilled.

Common Travel Area (CTA): The arrangement between Ireland and the United Kingdom that allows free movement of citizens between the two countries. The CTA predates EU membership and has been preserved post-Brexit.

Consular Legalisation: The process of having a document authenticated by a foreign embassy or consulate. Required for documents going to countries that are not members of the Hague Apostille Convention.

D-E

Deed: A legal document that is signed, sealed, and delivered. Some deeds require notarisation for international use.

Department of Foreign Affairs (DFA): The Irish government department that issues apostilles and authenticates documents for international use. Located at 76-78 Harcourt Street, Dublin 2.

Enduring Power of Attorney (EPA): A legal document that allows a person to appoint someone to manage their affairs if they lose mental capacity in the future. Must be executed while the person still has capacity.

EU Public Documents Regulation: Regulation 2016/1191, which eliminates the requirement for apostille on certain public documents circulated between EU member states.

H-J

Hague Convention (Apostille Convention): The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. The international treaty that created the apostille system.

Jurat: The clause at the end of an affidavit or statutory declaration that records where, when, and before whom the document was sworn or declared.

L-N

Legalisation: The process of authenticating a document for use in a country that is not a member of the Hague Apostille Convention. This typically involves authentication by the Department of Foreign Affairs followed by the relevant foreign embassy.

Notarial Act: Any act performed by a notary public in their official capacity — including witnessing signatures, certifying copies, administering oaths, and issuing notarial certificates.

Notarial Certificate: The certificate attached by the notary to a document, recording the notarial act performed, the date, the identity verification, and any other relevant details.

Notary Public: A public officer appointed by the Chief Justice of Ireland (or equivalent authority in other jurisdictions) to perform notarial acts. In Ireland, notaries are appointed for life and most are also practising solicitors.

O-P

Oath: A solemn declaration, typically invoking a deity, that the statements being made are true. Administered by a notary public or other authorised person.

Power of Attorney (PoA): A legal document authorising another person to act on your behalf. A General PoA covers broad matters; a Specific PoA covers particular transactions. For international use, PoAs must be notarised and usually apostilled.

Protocol: The notary's official record book in which all notarial acts are recorded. The protocol is a permanent record and may be consulted if questions arise about a notarial act years or decades later.

S-T

Seal: The notary's personal seal, which is impressed or embossed on documents to authenticate them. The seal bears the notary's name, title, and jurisdiction. It is a physical mark of authenticity.

Statutory Declaration: A written statement of fact declared to be true before a notary public or Commissioner for Oaths. Unlike an affidavit, it is declared rather than sworn on oath, but carries similar legal weight.

True Copy: A copy of a document that has been compared to the original and certified as an accurate reproduction. When notarised, this is often called a "notarised true copy."

V-W

VASP: Virtual Asset Service Provider — a business dealing in cryptocurrency that must be registered with the Central Bank of Ireland under anti-money laundering legislation.

Witness: A person who observes the signing of a document. A notary acts as an official, qualified witness whose observation carries legal authority.

Contact Hugh Phelan

If you need any of these services, or are unsure which applies to your situation, Hugh Phelan, Solicitor and Notary Public in Douglas, Cork, can advise. Contact us at 021-489-7134 or info@phelansolicitors.com.