The College of Notaries for Northern Ireland is a member of the United Kingdom Notarial Forum.
Current Notarial Functions
Oaths may be signed before a notary public.
Foreign documents.
Documents for use in foreign jurisdictions often require execution before a notary. Our authority is registered with the Foreign and Commonwealth Office and verifies out right to execute documents.
Protests in maritime matters.
Protests for example against poor wind and weather conditions by a sea captain on arrival in port are signed before a notary public.
Miscellaneous
Other functions include notarising entry of a person to overseas territories, notarising documents in connection with formation of overseas companies and drawing for repayment of bonds of debenture.
2. Guidance
When acting as a notary the following points should be addressed.
Is a notary required?
If so in what capacity?
Do you clearly understand the procedures in this particular case?
Are you disqualified in any way?
Jurisdiction
Is the matter governed by the jurisdiction where the document originated?
Is the matter governed by the jurisdiction where the notarial act as to take place?
Identity of the deponent
Proof of identity consistent with money-laundering standards should be seen and recorded. Often documents require the incorporation of a declaration by the notary that he/she is satisfied as to identity.
The deponent understands the document
It is essential the notary is satisfied on this point. Short documents should be read over and the deponent should be invited to formally acknowledge that they have read and understand the document. Unless the notary is fluent documents in foreign languages must be accompanied by a certified translation.
Some documents do not require administration of an oath. Were documents do require administration of an oath the deponent must be sworn. Although not strictly necessary it is good practice to have the deponent raise their right hand and repeat some form of words along the lines “I swear by Almighty God that the contents of this document are true.” The phraseology should be varied to take account of persons of other religions. For those who do not wish to take a religious oath the words “solemnly and sincerely affirm” may be substituted for “swear by Almighty God”.
There is authority for the proposition that where this oath is not actually formally sworn the document is void (Blair v North British Mercantile Insurance Company 1889 16 R 325)
Execution
This depends on the jurisdiction and the type of deed. In some jurisdictions the notary and deponent require to sign on every page including schedules and annexations. If in doubt this is safe practice. It is essential that the document is executed in the presence of the notary and both signatures are applied contemporaneously. It has been held to be professional misconduct for a notary to send a document for signature by a client and subsequently apply the notarial signature.
Contact one of our offices at Newry , Dublin or Castlewellan for more information . Our services are offered throughout Northern Ireland though most of our clients come to us in Belfast , County Down and County Armagh
Alterations should be initialled by both parties. Notaries should add the words “notary public” after their signature. If they are not fully designed in the body of the document a full designation is good practice.
Apostilles
Certain documents for use abroad require a signature and notarial seal and to be “legalised” (authenticated) by the Foreign and Commonwealth office in London. See the Hague Convention on legalisation of foreign documents. Notaries should register their signature and seal with the Foreign and Commonwealth Office for this purpose. Thereafter notarised documents can be sent to the Foreign and Commonwealth Office Legalisation Office for the application of the Apostille together with payment of the relevant fee.
Contact one of our offices at Newry , Dublin or Castlewellan for more information . Our services are offered throughout Northern Ireland though most of our clients come to us in Belfast , County Down and County Armagh
