Education & Training

Institute of Notarial Studies

(A Division of the Faculty of Notaries Public in Ireland)
Diploma in Notarial Law & Practice (Dip.Not.L.) (F.N.P.I)
Candidate Notaries
PROSPECTUS Academic Year September 2022 – July 2023

At the graduation ceremony for candidate notaries of the Diploma in Notarial Law & Practice (Dip.Not.L.) (F.N.P.I.) of the Faculty of Notaries Public in Ireland (‘the Faculty’) and the Institute of Notarial Studies (‘the Institute’) in the Law Society, Blackhall Place, Dublin 7, in June 2019 were: The Hon Mr Justice Frank Clarke, Chief Justice, Dean Mary Casey, Deputy Dean Justin McKenna, Dean Emeritus Michael V O’Mahony, Dean Emeritus E Rory O’Connor, the late Dr Eamonn G Hall, Director of Education of the Faculty and the Institute of Notarial Studies, Secretary of the Faculty, Michael Moran, members of the Governing Council of the Faculty and the graduates. [Credit: Tutor Print]

TheNotary in Ireland

The notary is a public officer, constituted and appointed by the Chief Justice of Ireland, in open court, after a course of part time study delivered through online and in-person learning over the period of one
year.  The notary is the oldest of the three legal professions in Ireland and shares many of the functions of the solicitor and barrister with the exception of the conduct of contentious
business and, by virtue of a rule of the Faculty of Notaries Public in Ireland
(‘the Faculty’), the notary (qua notary) does not hold client monies.

Postgraduate Diploma in Notarial Law & Practice Dip.Not.L. (F.N.P.I)

The postgraduate Diploma in
Notarial Law & Practice designated as Dip.Not.L. (F.N.P.I.) (‘the Diploma’)
for candidate notaries is now in its tenth session. The Diploma course for the
academic year 2022-2023 will be held remotely via multi-modal delivery (a mix
of assigned reading, live lecture/ video and other learning strategies) with three
workshop sessions at the Law Society, Blackhall Place, Dublin 7 (subject
to public health guidelines).

The Notary: Address of Chief Justice

The former Chief Justice, The
Hon. Mrs Justice Susan Denham, at the conferring ceremony of the Diploma in
Notarial Law & Practice, Dip.Not.L. (F.N.P.I), in June 2014 addressing the
Faculty and the recipients of the postgraduate diploma said:

This is a day of celebration for the Faculty of
Notaries Public in Ireland.  I commend
the Faculty for having the vision to underpin Ireland’s oldest legal profession
with a strong educational foundation.

The Notary Public counts among the most ancient and
respected of professions.  It can be
traced to the scribes of Ancient Egypt and the tabelliones of Rome. Notarii
became secretaries to the Roman Emperor and leading Church figures ….

The notary is the oldest surviving branch of the
legal profession. It requires knowledge of many facets of domestic and
international law.  The profession
requires intellect and being well versed in the art of writing.  A notary is a public officer of the civil
order, appointed by the State to carry out the functions associated with that
office in non-contentious legal matters.

Notaries Public are important to Irish commerce and
trade, which has a European and international element.  Irish people travel all over the globe and
Ireland welcomes other nationalities to its shores in a variety of
circumstances; this human interaction requires the notarisation of documents
and the skill and expertise of the Notary is called upon.  The notary provides a valuable service to
those seeking his/her skill and is a respected and trusted figure of the State
of Ireland.

…. The notary of the twenty-first century must deal
with many new developments such as Hague Conventions and EU law matters.  However, the characteristics that are desired
in a notary remain the same as they were described over the centuries.  Richard Brooke, author of the first edition of
a well-known work on notaries in England and Wales in his Treatise on the
Office and Practice of a Notary of England
(1839) wrote:

‘Great is the confidence reposed in notaries and
onerous are their duties.  Hence the
necessity of their being distinguished for extensive knowledge, probity,
discretion and zeal.’

The Diploma for Candidate Notaries and Entry to the Profession of Notary

The Notarial Professional Course
is aligned with the Diploma in Notarial Law & Practice Dip.Not.L. (F.N.P.I)
and is the entry route to the profession of Notary Public for suitably
qualified candidate notaries.

There are three stages in the
process of appointment as a Notary Public in Ireland.

First, the candidate notary must
comply with the relevant provisions of the Notaries Public Education, Training
and Examination Regulations 2007-2021 (‘the regulations’) (available on
www.notarypublic.ie).  In particular,
candidate notaries must, at the date of application to sit the Faculty
Examination (16th June 2023) (as set out in the regulations) be practising
solicitors or barristers, have not less than five years post-qualification
experience in the general practice of the law and at least two consecutive
years of the general practice of law must be in the period immediately
preceding the application to sit the Faculty Examination.

Second, the candidate notary
must attend the Notarial Professional Course/Diploma in Notarial Law &
Practice, Dip.Not.L. (F.N.P.I) at present extended over one academic year from
September to July and be so certified.  The
course will be held remotely in the main part which will allow flexibility for
candidate notaries.  The purpose of the
course is to encompass all relevant areas of notarial practice and prepare
candidate notaries for practice as a Notary.
Assessments and quizzes will be set during the course to assist with
engagement and will be based on situations that candidate notaries can expect
to deal with in practice.

Third, the candidate notary must
be in ‘good standing’ with the Law Society or the Bar Council and produce a
certificate to that effect.

As stated above, the Notarial
Professional Course and the postgraduate Diploma in Notarial Law & Practice
are aligned together, leading to the award of the postgraduate Diploma in
Notarial Law & Practice – designated as Dip.Not.L. (F.N.P.I). This course
is provided by the Institute of Notarial Studies (‘the Institute’), a division
of the Faculty of Notaries Public in Ireland (‘the Faculty’) which was founded
by the late Dr. Eamonn Hall in 2012.

There are twelve topics on the Notarial Professional Course/Diploma Course.

The Faculty Examination /
Diploma examination is scheduled for 16 June 2023 with a resit examination to
be scheduled during July 2023 if needed.  If the candidate notary is successful, he or
she moves to the third stage in the process of appointment.  Success at the Diploma/Faculty Examination
does not guarantee appointment as a Notary Public.

The third stage of the process
of appointment as a Notary Public involves a formal petition to the Chief
Justice of Ireland in open court on a Notice of Motion (to which the Faculty is
a notice party as is the Law Society of Ireland).  The Chief Justice decides on petitions for
appointment and who should or should not be appointed.  The admission criteria summarised here are
without prejudice to any further directions which the Chief Justice and the
Faculty may make from time to time.

Candidate notaries should
consult the Rules of the Superior Courts, the Courts Service website, and Hall
& O’Connor, The Notary of Ireland: Law and Practice (2018) about the
formal petition.  The Registrar of the
Faculty, Mr Ross McMahon (info@notarypublic.ie) will also provide a precedent
Notice of Motion and Petition, etc., upon request.

Where a candidate notary is an
employed solicitor, including an in-house counsel for a corporation, or a
partner in a law firm, a requirement (inter alia) is a letter from the
relevant employer’s Chief Executive Officer, or managing partner, consenting to
the relevant candidate notary proceeding with the petition.  There is also the issue of a facility to meet
appearers.

An employed candidate notary or
a partner in a law firm must also undertake never to notarise documents for
his/her employer or law firm and there is a corresponding undertaking required
from the firm/corporation never to seek notarial services in connection with a
matter in which the employer/corporation is involved.

Barristers are eligible to
become a notary but are not permitted by the Bar Council to practise as a
notary from a desk in the Law Library.  The
Bar Council also requires barristers to keep fees earned as a barrister
separate from notarial fees.

There may be other requirements
which may prove to be an impediment about appointment and the candidate notary
should familiarise himself/herself with all the requirements to avoid
disappointment.

Fees

The fee for existing notaries
and candidate notaries for the Notarial Professional Course/Diploma in Notarial
Law & Practice 2022-2023 is inclusive of a textbook, lecture notes
(provided by the Institute of Notarial Studies), examination fees and the
graduation ceremony followed by a reception for the graduand and guests.  The fee is set out on the relevant Application
Form and is €6,500.00 for candidate notaries payable in advance.

If awarded the diploma, the
designation Dip.Not.L. (F.N.P.I) may be used on the notary’s professional
literature.

An application form is available from institute@notarypublic.ie

There will be an Information Webinar hosted via Zoom on
Friday the 5th August 2022 at 13.00.  The link to register is

 https://us02web.zoom.us/webinar/register/WN_LeyF6DOVQrO8wFx1fpHxpA

Applications and all payments to be made in respect
of this year’s course no later than close of business on Friday 26 August 2022.

 

DETAILS OF MODULES

The Notarial Professional Course

The Diploma in Notarial law & Practice (Dip.Not.L.)
(F.N.P.I.)

All Dates and times Provisional and may be subject to change

 

INTRODUCTION TO
THE DIPLOMA COURSE

Friday
2 September 2022: 3.30pm – 5.30pm

Delivered
online

 

Moodle
Training

Delivered
online

1.5hrs
– To take place the week of the 5th September- Times TBC

 

 

-/-

Topic 1 – THE
OFFICE OF NOTARY PUBLIC

Release
date: Monday, 5 September 2022

Delivered
online

Learning objectives:

·
the origins of the office of notary

·
the development of the profession from its
origins through to the modern day

·
the commonalities and differences in the notarial
profession around the world

·
developing an understanding of the requirements
for appointment as a notary public in Ireland

·
associating the general principles of regulating
the notarial profession with the practicalities of offering service to the
public

Roman/Civil
Law
– the origins of notaries and the rediscovery of
Roman Law in the medieval era

Private
International Law
– the appointment and regulation of notaries
internationally, the UINL, the CLAN, the UK and Ireland notarial forum

-/-

Topic 2 –
PERSONAL IDENTITY AND CAPACITY

Release
date: Monday, 19 September 2022

Delivered
online

Learning objectives:

·
understanding the law on names and changes of
name

·
appreciating how one person may have more than
one name and/or a name that may be spelled in different ways

·
initial insights into how names are dealt with
in foreign jurisdictions

·
increasing familiarity with the record-keeping
requirements for notaries with regard to a client’s identity

Roman/Civil Law – names and capacity in the
Roman Empire and modern civil-law concepts of personal identity and capacity

Private International Law – recognition
of notarial acts internationally – apostilles and consular legalisation

-/-

Online workshop 1: Notarial certificates of life

Monday, 3 October 2022, 3-5pm

-/-

Topic 3 – OATHS,
AFFIDAVITS, AFFIRMATIONS AND DECLARATIONS

Release
date: Monday, 10 October 2022

Delivered
online

Learning objectives:

·
revising the law on administration of oaths and
affirmations

·
practical preparation for the administration of
oaths to deponents of different religions and with different requirements

·
distinguishing between affidavits, statutory
declarations, witness statements, and other forms of documentary evidence

·
gaining familiarity with affidavits, statutory
declarations and other forms of documentary evidence in other common-law
jurisdictions

·
developing an appreciation of the different
approach to documentary evidence adopted in civil-law jurisdictions

·
assessing the data protection aspects of dealing
with affidavits (special categories of personal data)

Roman/Civil
Law
– the nature of litigation in Rome and
perjury 

Private
International Law
– different concepts of criminal liability for
declarations

-/-

Topic 4 –
NOTARIAL WORK FOR THE USA

Release
date: Monday, 24 October 2022

Delivered
online

Learning objectives:

·
gaining practical tips for dealing with instructions
relating to transactions in the USA

·
understanding the nature of a notarial
acknowledgment and the role of witnesses

·
reviewing examples from practice of
acknowledgments and affidavits for US matters

·
further consideration of the Hague Apostille Convention

·
developing techniques for risk assessment and
risk management in notarial practice

Roman/Civil
Law
– the relevance of Roman Law in the USA
(Louisiana, adoption of civil codes, civil-law notaries)

Private
International Law
– internal PIL in the USA, federal matters,
reception of Irish notarial acts and apostille

-/-

Online workshop 2: Dealing with notarial
acknowledgments and oaths for US documents in practice

Monday, 7 November 2022: 3-5pm

-/-

Topic 5 – DIRECT
NOTARIAL CERTIFICATES TO POWERS OF ATTORNEY ISSUED BY INDIVIDUALS

Release date: Monday, 14 November
2022

Delivered
online

Learning objectives:

·
identifying circumstances in which a direct
notarial certificate is the appropriate form of notarial act

·
preparation of a template for a direct notarial
certificate, including appropriate contact and regulatory information

·
formulation of a standard description of a
notary within a notarial certificate

·
further practice with analysing documents
produced by clients

·
initial drafting practice for the preparation of
direct notarial certificates

Roman/Civil
Law
– development of the law of agency

Private
International Law
– the applicable law for powers of attorney,
choice-of-law and jurisdiction clauses

-/-

Guest Lecture:
Topic TBC

Monday,
14 November 2022: 3-5pm

-/-

Topic 6 –
PUBLIC-FORM NOTARIAL ACTS AND DEALING WITH FOREIGN LANGUAGES, SUCCESSION

Release
date: Monday, 28 November 2022

Delivered
online

Learning objectives:

·
understanding the distinction between notarial
acts in the public and private forms

·
recognising different forms of notarial act

·
the role of the Irish notary in converting a
draft document into a public-form notarial act

·
the authentication of wills and other
testamentary instruments

·
dealing with instructions relating to the
deceased

·
dealing with personal representatives and
demonstrating their authority to foreign lawyers and other recipients of notarial
acts

Roman/Civil Law – the origin and use of
authentic instruments in modern civil-law systems; inheritance in Roman law and
modern civil-law systems

Private International Law – cross-border
enforcement of authentic instruments under the Brussels I Regulation and the
Lugano Convention; the EU Succession Regulation and the common-law rules for
international succession

-/-

Topic 7 –
NOTARIAL ACTS FOR COMPANIES – IDENTIFICATION OF COMPANIES

Release
date:
Monday, 16 January 2023

Delivered
online

Learning objectives:

·
navigating website of the Companies Registration
Office

·
basic details of a company – name, type,
registration number, registered office

·
matters of registration under the Companies Act
2014

·
filings at the CRO

·
the records maintained by a company

·
introduction to insolvency procedures for
companies

·
striking off and restoration to the register

·
drafting notarial certificates verifying the
identity of a company

Roman/Civil Law – the “societas” and its
development, and types of company in civil-law jurisdictions

Private International Law – differences
in company-law concepts and the cross-border recognition of company identity
and status, redomiciliation, pan-national corporations, the European public
limited-liability company, and cross-border mergers

-/-

IN-PERSON
WORKSHOP 1

Friday, 20th January 2023: 9am-1pm

Venue Blue Room Law Society

·
Various situations
involving the authentication of powers of attorney by individuals

·
Verification of identity
and capacity

·
Document analysis

·
Communications with the
enquirer

·
Language issues

·
Drafting public-form
notarial acts

·
Drafting notarial
certificates

·
Completing notarial
acknowledgments

·
Acting as notarial
witness

·
Notarial accoutrements
and document security

-/-

 

Topic 8 – COMPANY
DECISION-MAKING:  MEMBERS AND DIRECTORS

Release
date: Monday, 30 January 2023

Delivered
online

Learning objectives:

·
CRO filings and the register of members

·
general meetings and resolutions in writing

·
record-keeping and evidence

·
directors’ meetings and resolutions in writing

·
attending meetings as a notary

·
authenticating minutes and written resolutions

·
drafting supporting board resolutions for
notarial instructions

Roman/Civil Law – the management of companies in
civil-law jurisdictions and the concept of “representation” (Vertretung)

Private International
Law
– the Irish company as “parent” company in respect of a foreign
subsidiary, and the Irish company as a subsidiary of a foreign “parent” company

-/-

Online workshop 3: Identifying companies
in practice and preparing notarial certificates verifying a company’s existence
and identity; attending meetings and dealing with minutes and resolutions in
writing

Monday, 6 February 2023:
3-5pm

-/-

 

 

Topic 9 – POWERS
OF ATTORNEY AND OTHER AGENCY DOCUMENTS ISSUED BY COMPANIES AND OTHER ENTITIES

Release
date: Monday, 20 February 2023

Delivered
online

Learning objectives:

·
an overview of powers of attorney and other
agency documents issued by Irish companies

·
Section 41 of the Companies Act 2014 and the
constitution of a company

·
dealing with an attorney-in-fact of an Irish
company as a notary

·
interpretation of authorities

·
sub-delegation and substitution

·
notarial authentication of powers of attorney –
public-form notarial acts, notarial certificates, acknowledgments and
attestations

·
corporate attorneys – an Irish company acting as
attorney and the execution of documents and deeds

Roman/Civil Law
an outline of the appointment of agents and an agent’s duties in modern
civil-law jurisdictions

Private International
Law
– the appointment of agents in cross-border scenarios, different
concepts of agent appointments and potential conflicts of terminology

-/-

Topic 10 –
COMPANY INSOLVENCY PROCEDURES

Release
date: Monday, 6 March 2023

Delivered
online

Learning objectives:

·
an overview of corporate insolvency procedures

·
liquidation

·
examinership

·
receivership

·
checking the capacity of an Irish company in
practice

·
dealing with insolvency practitioners as a
notary

·
authenticating the appointment of a liquidator,
examiner or receiver

·
authenticating documents and deeds executed by a
liquidator, examiner or receiver

Roman/Civil Law – the concept of insolvency
in Roman law and in modern civil-law jurisdictions

Private International
Law
– the recognition of Irish insolvency proceedings in the EU and
elsewhere, and the recognition of foreign insolvency proceedings in Ireland

-/-

Online
workshop
4: Powers of attorney granted by
companies

Monday, 13 March 2023: 3-5pm

-/-

Guest
Lecture: Topic TBC

Friday, 24 March 2023: 3-5pm

-/-

IN-PERSON
WORKSHOP 2

Friday, 31 March 2023: 9am-1pm

Dublin Venue TBC

·
Various scenarios
taken from practice

·
Sample instructions
and communications

·
Analysis of
documents presented by appearers

·
Preparing notarial
acts in various forms

·
Obtaining apostilles
and consular legalisation

·
Electronic
signatures and electronic notarial acts

·
Preparation for
Supreme Court petition / application

-/-

Topic 11 –
DEALING WITH FOREIGN COMPANIES

Release
date: Monday, 24 April 2023

Delivered
online

Learning objectives:

·
sources of information and research into foreign
companies

·
the definition of an “external company” in the Companies
Act 2014

·
the authority of a representative of a foreign
company

·
defensive drafting

·
collaboration with lawyers and notaries in the
place of incorporation of the foreign company

Roman/Civil
Law
– representative offices and branches of Irish companies
in civil-law jurisdictions

Private International
Law
– an overview of arbitration clauses, jurisdiction clauses, governing
law clauses, and governing languages clauses, in cross-border company matters

-/-

Topic 12 –
PROTESTING BILLS OF EXCHANGE AND DRAWING UP SHIP PROTESTS

Release
date: Monday, 8 May 2023

Delivered
online

Learning objectives:

·
the use of bills of exchange in international
trade transactions

·
drawing a bill of exchange

·
acceptance

·
types of indorsement

·
payment

·
notice of dishonour

·
protest for non-acceptance or non-payment

·
ship protests – requirements and purpose

Roman/Civil Law – bills of exchange and
promissory notes in modern civil-law jurisdictions

Private International Law – applicable
law in respect of negotiable instruments, international ship registration

-/-

Online
workshop 5:
Bills of Exchange – a
practical demonstration of protests for non-acceptance and non-payment

Monday, 15 May 2023: 3-5pm

-/-

Guest
Lecture: Topic TBC

Monday,
22 May 2023: 3-5pm

-/-

IN-PERSON
WORKSHOP 3 – Review of the course & examination preparation

Dublin Venue TBC

Friday, 5 June 2023: 10am-4pm

-/-

EXAMINATION

FRIDAY 16 JUNE 2023, 2.00-5.00PM

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