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Statutory declaration outside Ireland

  • 23-02-2017 1:50pm
    #1
    Registered Users, Registered Users 2 Posts: 834 ✭✭✭


    I read this link https://www.cro.ie/termination-restoration/company/statutory-declaration
    and section 886 of the Companies Act 2014: http://www.irishstatutebook.ie/eli/2014/act/38/section/886/enacted/en/html

    My undestanding is that the easiest form to make a statutory declaration valid for Irish Courts outside Ireland is the following:

    a) go to a Notary Public of the foreign country and make him witness and recognize the signature on the document written in English (clearly the Notary Public needs to be proficient in English, but this is not a big obstacle)
    b) go to the relevant authority of the country that will put the "Apostille" on the statutory declaration according to the Hague Convention 1961 https://www.hcch.net/en/instruments/conventions/full-text/?cid=41

    However the statutory declaration is for the sale of a property belonging to an individual, not for company related matter. Would section 886 of the Companies Act still apply in such case?

    The alternative is to go to an Irish consular officer according to Section 5 of the Diplomatic And Consular Services Act 1993 http://www.irishstatutebook.ie/eli/1993/act/33/enacted/en/print.html but this much more onerous for a foreign resident since Irish Consular Offices are sparse and far between and witnessing a signature can only be performed with the presence of the person that is signing the declaration obviously.


Comments

  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    http://www.courts.ie/rules.nsf/8652fb610b0b37a980256db700399507/83e57c614a0099b280256d2b0046b3bc?OpenDocument

    Superior Court Rule 40
    7. All examinations, affidavits, declarations, affirmations and attestations of honour in causes or matters pending in the High Court or the Supreme Court, and also acknowledgements required for the purpose of enrolling any deed in the said Courts, may be taken in any foreign country or place before any Irish diplomatic or consular representative or agent exercising his functions in that country or place or, when there is no such representative or agent or no such representative or agent conveniently near to the deponent in such country or place, before any notary public lawfully authorised to administer oaths in that country or place, or where such country or place is a part of the British Commonwealth of Nations or a British possession, before any judge, court, notary public or person authorised to administer oaths in such part or possession; and the Judges and officers of the High Court and of the Supreme Court shall take judicial notice of the seal or signature, as the case may be, of any such diplomatic or consular representative or agent, judge, court, notary public or other person attached, appended or subscribed to any such examination, affidavit, declaration, affirmation, attestation of honour, or acknowledgement, or to any other deed or document.

    http://www.prai.ie/land-registry-rules-1-193/
    Land registry Rule 53
    Evidence of execution of instruments

    54. The execution of every application except an application by a solicitor, and of every instrument shall be attested by a witness. The execution of an application or an instrument by a blind or illiterate person shall be verified by affidavit of an attesting witness to the effect that it was read over and explained to such person and that such person appeared to understand same. The execution of an application or an instrument by a person by his/her mark, due solely to physical disability, shall be verified by affidavit of an attesting witness giving the reason for such execution. In any case where the attestation clause contains this information the Authority may dispense with such affidavit. The execution of an application or an instrument by other persons shall be verified by affidavit of an attesting witness whenever the Authority so requires. The affidavit of the attesting witness may be in Form 20.


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