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Notary Deed - Please Help !

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  • 12-11-2009 10:30pm
    #1
    EireEV
    Registered Users Posts: 351 ✭✭


    Hope I'm posting this in the right place - I need some advice ASAP.

    Myself and my partner have bought a property abroad - all that is left to do before I take ownership is to execute the Notary deed - the Solicitor looking after our affairs sent me the necessary documents some weeks ago with the following message

    "All the documents should be signed, notarised and legalised- stamped by an Apostille as per the Hague Convention."

    I left this part up to my partner as she works in a Solicitors office - she basically got her boss to swear the documents and give them the company stamp after which we returned the documents to the above mentioned Solicitor.

    I have now received the following message from the Solicitor

    "We received today the set of documents sent by you. Please note that the documents are not notarised ( attested by a Notary Public) and are not stamped by an Apostille as per the Hague Convention"

    I'm totally lost now - what does the above mean in simple English and what do I need to do?

    Any help would be much appreciated

    EireEV


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    #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    A solicitor can witness documents and administer oaths in Ireland.

    A notary public is often used for transactions overseas since they arepublic officers (they are commissioned by the supreme court).

    The hague convention allows the recognition of public documents overseas (which is what a notarial seal is).

    You need to get a notary to witness the document, then an apostille issued by the deparment of foreign affairs.

    In theory, a solicitor's signature might be acceptable since they are empowered by irish law to administer oaths. To get an apostille for a solicitors signature involves getting the registrar of the law societyto verify the signature, then have foreign affairs to issue an apostille for the law society's seal.

    Easier just to use a notary.


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    #3
    vector
    Registered Users Posts: 1,756 ✭✭✭vector


    >To get an apostille for a solicitors signature involves getting the registrar of the law societyto verify the signature, then have foreign affairs to issue an apostille for the law society's seal.

    Not necessarily.

    A Solicitor if they so desired could register their signature directly with the Dept of Foreign affairs.

    Then in future the Dept of Foreign Affairs could issue an Apostille without the involvement of the Law Society


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