Notary and legal terminology can be confusing. This glossary covers the most common terms you will encounter when having documents notarised, apostilled, or authenticated in Ireland — explained in plain English.
A
Affidavit: A written statement of facts confirmed by oath or affirmation, for use as evidence in legal proceedings. Must be sworn before a Notary Public, Commissioner for Oaths, or practising solicitor.
Apostille: A certificate issued under the Hague Convention of 1961 that authenticates the origin of a public document. In Ireland, issued by the Department of Foreign Affairs. Accepted in 125+ countries. Cost: €40 per document.
Attestation: The act of witnessing the signing of a document and confirming its authenticity. In the UAE context, attestation specifically refers to the chain of verification required for foreign documents.
Authentication: The general process of verifying that a document is genuine. Can involve notarisation, apostille, and/or consular legalisation.
B
Beneficial Owner: The person who ultimately owns or controls a company or legal entity. Anti-money laundering regulations require notaries to verify beneficial ownership.
Bill of Exchange: A negotiable instrument ordering one party to pay a specific sum to another. Historically, notaries protested dishonoured bills — a function that still exists in maritime law.
C
Certificate of Freedom to Marry: A document confirming that a person is legally free to marry. Required by most countries for marriages abroad. Also known as Certificate of No Impediment or Nulla Osta.
Certificate of Good Standing: A document from the Companies Registration Office (CRO) confirming that a company is registered, active, and compliant with filing requirements.
Certified Copy: A copy of an original document that has been verified as a true copy by an authorised person (solicitor, notary, or other). For international use, certification by a Notary Public is required.
Chief Justice: The head of the Irish judiciary. In Ireland, Notaries Public are appointed by the Chief Justice — one of the most senior legal appointments in the country.
Commissioner for Oaths: A person authorised to administer oaths and witness statutory declarations for domestic Irish use. Cannot authenticate documents for international use (unlike a Notary Public).
Common Travel Area (CTA): A bilateral agreement between Ireland and the UK that predates EU membership. Irish citizens can live and work in the UK (and vice versa) without a visa.
Consular Legalisation: The process of authenticating a document through a foreign embassy or consulate. Required for countries not party to the Hague Apostille Convention. Slower and more expensive than apostille.
D
Decision Support Service: The Irish state body that oversees Enduring Powers of Attorney and other decision-making support arrangements under the Assisted Decision-Making (Capacity) Act 2015.
Deed Poll: A legal document by which a person changes their name. For international use, a deed poll must be notarised and apostilled.
Department of Foreign Affairs: The Irish government department that issues apostilles and authenticates documents for consular legalisation. Located at Iveagh House, 80 St. Stephen's Green, Dublin 2.
Diploma in Notarial Law and Practice: The professional qualification required to become a Notary Public in Ireland, awarded by the Faculty of Notaries Public in Ireland.
Donor: The person who grants a Power of Attorney — the person whose affairs will be managed by the attorney/donee.
Donee (Attorney): The person appointed under a Power of Attorney to act on behalf of the donor.
E
Enduring Power of Attorney (EPA): A Power of Attorney that continues to be effective (or comes into effect) if the donor loses mental capacity. Must involve a solicitor, medical practitioner, and be registered with the Decision Support Service.
F
Faculty of Notaries Public in Ireland: The professional body that regulates Notaries Public in Ireland, sets educational standards, and maintains the register of notaries.
G
General Power of Attorney: A Power of Attorney that gives broad authority over the donor's financial and legal affairs. Effective immediately but ceases if the donor loses mental capacity.
General Register Office (GRO): The office responsible for registering births, marriages, and deaths in Ireland and issuing certificates.
H
Hague Convention (Apostille Convention): The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. Over 125 countries are members.
I–J
International Union of Notaries (UINL): The global organisation representing notaries in over 90 countries. The Faculty of Notaries Public in Ireland is a member.
Jurat: The clause at the end of an affidavit or statutory declaration that records when, where, and before whom it was sworn.
L
Legalisation: See Consular Legalisation.
Long-form Certificate: A birth, marriage, or death certificate that contains full details (names of parents, place of birth, etc.), as opposed to a short-form extract. Most foreign authorities require long-form certificates.
N
Notarial Act: A formal document prepared by a Notary Public in a specific format, often required by civil law jurisdictions.
Notarial Certificate: The certificate attached by a Notary Public to a document, stating what was witnessed or verified.
Notarial Seal: The official seal of a Notary Public, unique to each individual notary and registered with the Faculty. Applied to every notarised document.
Notarisation: The process by which a Notary Public authenticates a document — verifying identity, witnessing signatures, certifying copies, and applying the notarial seal.
Notary Public: A legal professional appointed by the Chief Justice of Ireland to authenticate documents for international use. The appointment is for life.
Nulla Osta: Italian term for Certificate of No Impediment (Freedom to Marry).
P
Power of Attorney (PoA): A legal document authorising one person to act on behalf of another. Can be General, Specific, or Enduring.
Protocol: The permanent register maintained by a Notary Public of all notarial acts performed. These records can be referred to decades later.
Public Document: A document issued by a government body, court, or public official. Public documents can be apostilled directly; private documents must first be notarised.
S
Specific Power of Attorney: A Power of Attorney limited to a particular transaction or purpose.
Statutory Declaration: A written statement of facts declared to be true, made under the Statutory Declarations Act 1938. Must be declared before an authorised person.
Sworn Translation: A translation certified by a translator who is officially registered or authorised. Required by many countries for translated documents to be legally valid.
W
Witness: A person who observes the signing of a document and adds their own signature as confirmation. Notarisation is a form of professional witnessing with legal weight.
Questions?
If you encounter a term not listed here, or need clarification on any notarial matter, contact Hugh Phelan at 021-489-7134 or info@phelansolicitors.com.
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