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 2021 – July 2022



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]


The Notary 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 electronic 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 ninth session. The Diploma course for the academic year 2021-2022 will be held remotely via multi- modal delivery (a mix of text, live lecture/ video and other learning strategies) with a workshop session 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 Diploma in Notarial Law & Practice (Dip.Not.L.) (F.N.P.I.) offers practising notaries an opportunity of enhancing their skills and potential as notaries in Ireland. The course extends over one academic year. [There are proposals to extend the course over two academic years.]

Instead of a traditional examination in the normal sense, an existing notary will be assigned a topic in due course by the Director of Education and the notary will submit a short dissertation.

The reduced fee for the postgraduate diploma is set out in the Application Form.



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.N.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 (early July 2022) (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.

Currently, there are twelve topics on the Notarial Professional Course/Diploma Course.

Completion of assignments is compulsory. The Faculty Examination/ Diploma examination is scheduled for the 8 July 2022 (subject to public health guidelines). 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.

TThere 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 2021-2022 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

Applications to this course close on Friday 27 August 2021.



DETAILS OF MODULES The Notarial Professional Course The Diploma in Notarial law & Practice (Dip. Not. L.) (F.N.P.I.)




INTRODUCTION EVENING TO THE DIPLOMA COURSE: TIME Friday 3 September 2021 3.30pm – 5.30pm DELIVERY: Online

Topic 1
THE OFFICE OF NOTARY PUBLIC, Appointment of Notaries – Qualifications for Office, Conduct of a Notary – Professional Ethics Release date Monday 6 September 2021 DELIVERY: Online
The Office and Appointment of Notaries The Faculty of Notaries Public in Ireland and professional ethics Anti-Money Laundering, Countering the Financing of Terrorism, Politically Exposed Persons and Financial Sanctions Data Protection Roman Law – the origins of notaries and the rediscovery of Roman Law in the medieval era PIL – 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 20 September 2021 DELIVERY: Online
Names, gender, other identifiers such as patronymics, religion, ethnic grouping, marital status and matrimonial property regimes Mental capacity, bankruptcy, and instructions from or relating to minors Roman Law – civil-law concepts of personal identity and capacity PIL – recognition of notarial acts internationally – apostilles and consular legalisation
Guest Lecture Monday 27 September 2021 DELIVERY: Online

Topic 3
OATHS, AFFIDAVIDS, AFFIRMATIONS AND DECLARATIONS Release date Monday 4 October 2021 DELIVERY: Online
Roman Law and perjury Private International Law – different concepts of criminal liability for declarations

Topic 4
NOTARIAL WORK FOR THE USA Release date Monday 18 October 2021 DELIVERY: Online
Roman 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
Guest Lecture Monday 8 November 2021 DELIVERY: Online

Topic 5
DIRECT NOTARIAL CERTIFICATES TO POWERS OF ATTORNEY ISSUED BY INDIVIDUALS Release date Monday 22 November 2021 DELIVERY: Online
Powers of attorney issued by individuals Dealing with an attorney Electronic signatures in notarial practice Roman Law – development of the law of agency Private International Law – powers of attorney used in cross-border situations

Topic 6
PUBLIC-FORM NOTARIAL ACTS AND DEALING WITH FOREIGN LANGUAGES, SUCCESSION Release date Monday 6 December 2021 DELIVERY: Online
Public-form notarial acts Foreign languages Notarial instructions relating to succession and cross-border succession

Topic 7
NOTARIAL ACTS FOR COMPANIES – IDENTIFICATION OF COMPANIES Release date Monday 10 January 2022 DELIVERY: Online

Roman Law – the “societas” and its development Private International Law – differing concepts in company law internationally, in particular the “right of representation”

Topic 8
COMPANY DECISION-MAKING: MEMBERS AND DIRECTORS Release date Monday 24 January 2022 DELIVERY: Online
Private International Law – comparison with other jurisdictions

Guest Lecture Monday 7 February 2022 DELIVERY: Online

Topic 9
POWERS OF ATTORNEY AND OTHER AGENCY DOCUMENTS ISSUED BY COMPANIES AND OTHER ENTITIES Release date Monday 21 February 2022 DELIVERY: Online

Powers of attorney and other agency documents issued by: Private International Law – an introduction to foreign companies and the establishment of branches

Topic 10
COMPANY INSOLVENCY PROCEDURES Release date Monday 7 March 2022 DELIVERY: Online
Roman Law – insolvency in Roman law Private International Law – recognition of Irish insolvency proceedings in the EU and elsewhere and the recognition of foreign insolvency proceedings in Ireland
Guest Lecture
Friday 25 March 2022
DELIVERY: Online
WORKSHOP
Review of accoutrements Preparation for Supreme Court petition / application
Friday 8 April 2022 2.30 pm to 5.00 pm DELIVERY: In person

Topic 11
DEALING WITH FOREIGN COMPANIES Release date Monday 25 April 2022 DELIVERY: Online
Sources of information, research and defensive drafting Private International Law – applicable law in cross-border company matters

Topic 12
PROTESTING BILLS OF EXCHANGE AND DRAWING UP SHIP PROTESTS Release date Monday 9 May 2022 DELIVERY: Online
The use of bills of exchange in international trade transactions Ship protests – requirements and purpose Roman Law – the law of the sea Private International Law – negotiable instruments, ship registration
Guest Lecture Monday 23 May 2022 DELIVERY: Online

WORKSHOP

Review of the course Examination preparation Friday 10 June 2022 DELIVERY: Online

EXAMINATION

Friday 8 July 2022 2.30pm to 5.30 pm DELIVERY: In person

Please note that topics & dates may be subject to change. Draft timetable as of June 2021.

Contact Details:
An application form may be obtained in relation to the Diploma course from:
institute@notarypublic.ie