Admission to the Profession

ADMISSION TO THE PROFESSION
and
THE DIPLOMA IN NOTARIAL LAW AND PRACTICE (Dip.Not.L.) (FNPI)

Prospectus for the Academic Year 2019 / 2020

Prospectus for the Academic Year 2019 / 2020 NPC_Prospectus_2019_2020

The Diploma for Existing Notaries

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 but not for the academic year October 2019 to May 2020].
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, Dr Eamonn G Hall, and the notary will submit a short dissertation.
The reduced fee for the postgraduate diploma is set out in the Application Form available from info@ehall.ie

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

The Notarial Professional Course aligned with the Diploma in Notarial Law & Practice (Dip.N.L.) 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 2007-2014 (‘the regulations’) (available on www.notarypublic.ie and on www.notaryinstitute.ie). In particular, candidate notaries must, at the date of application to sit the Faculty Examination (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.) at present extended over one academic year from October to May and be so certified.
This course is provided by the Institute of Notarial Studies (‘the Institute’), a division of the Faculty of Notaries Public in Ireland (‘the Faculty’). [The website for the Institute of Notarial Studies is at www.notaryinstitute.ie.]
Third, the candidate notary must be in ‘good standing’ with the Law Society or the Bar Council and produce a certificate to that effect.

It is envisaged that the course of study leading to the Faculty Examination/Diploma in Notarial Law and Practice will extend over two academic years – but not for the academic year October 2019 to May 2020.

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’). [The website for the Institute of Notarial Studies is at www.notaryinstitute.ie.].

Currently, there are seven modules on the Notarial Professional Course/Diploma Course held on one afternoon a month over the academic year, October to May, at the Law Society of Ireland, Blackhall Place, Dublin 7, Ireland. The stipulated number of modules and their duration are under review. [See below for details of the modules.] Attendance at the modules is compulsory.

Having attended all the modules over the academic year, the candidate notary sits the Faculty Examination/ Diploma examination in May. If the candidate notary is successful, he or she moves to the third stage in the process of 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 David Walsh, info@notarypublic.ie will also provide a precedent Notice of Motion and Petition etc. upon request.er.

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.

Barristers 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 in relation to 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 2019-2020 is inclusive of all textbooks, lecture notes and papers (provided by the Institute of Notarial Studies), refreshments at Module breaks, all 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 €2,750 for candidate notaries payable in advance. There is a reduced fee for the practising notary taking the Diploma by dissertation.

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

Attendance at the modules entitles the notary and the candidate notary – if a solicitor or barrister – to credit for CPD for notary and other law-related obligations.

An application form is available from info@ehall.ie.

Continuing Professional Development (CPD) for Practising Notaries

Practising notaries are reminded that the Faculty has determined that a Notary Public must receive a credit of not less than 2 CPD hours on an annual basis. This requirement is under review.

Existing notaries attending CPD may choose from the modules for the Notarial Professional Course/Diploma in Notarial Law & Practice set out below.

The reduced fee for the CPD element only for existing practising notaries for the academic year 2019-2020 is €100 per 2.5-hour module – which may also be regarded as part of any other law profession CPD obligations
————————————————————————————

DETAILS OF MODULES

The Notarial Professional Course The Diploma in Notarial law & Practice (Dip. Not. L.) (F.N.P.I.) CPD for Existing Notaries Academic Year October 2019 to May 2020
______________

The venue is the Law Society of Ireland, Blackhall Place, Dublin 7 (Blue Room).

Unless otherwise notified, all modules will commence at 2-15pm (but it is regarded as important to register and be in attendance from c. 2-00pm).

The afternoon Notarial Professional Course/Dip.Not.L course will be for a period of c. 2.5 hours with a break for refreshments and the course will end by 5-00pm at the latest.

Module One – Tuesday 22 October 2019

History of the Notary Public in Ireland;
Functions, Powers and Duties of the Notary in Ireland
Legal Drafting
Group Discussion:

Module Two – Thursday 14 November 2019

Roman Law and its significance for the Notary;
Drafting of (and practice relating to) General Notarial
Certificates, Part i;
Bills of Exchange including Noting and Protesting for Non-Acceptance/Non-Payment:
EU Succession Law

Module Three – Thursday 12 December 2019

Powers of Attorney (including enduring powers of attorney);
Company Law and Practice for the Notary;
Authentication of Company Documents;
Ships Protests;

Module Four – Thursday 16 January 2020

Private International law for the Notary;
The Hague Convention of 5 October 1961 and European Conventions affecting
Notaries Public;
eNotarisation and Developments concerning the eApostille;
Intercountry Adoption;

Module Five – Thursday 13 February 2019

Notarial Practice including Oaths, (Substance, Form and Procedure);
Attestation, Authentication and Certification of Documents, Deeds and
Transactions;
European Union Developments concerning the Notary;
Electronic Commerce;
Data Protection Law for the Notary

Thursday Six – Thursday 12 March 2020

Money Laundering Legislation and the Notary;
Ethics for the Notary Public;
Code of Conduct for Notaries Public;
Keeping of Records by the Notary:
Drafting of (and practice relating to) General Notarial Acts/ Certificates Part ii;

Module Seven- Thursday 16 April 2020

Exercises in drafting for the Notary Public and preparation for the Faculty Examination/ Diploma in Notarial Law & Practice (Dip.Not.L.) (F.N.P.I.) Examination.

Faculty Examination – Thursday 7 May 2020

Blue Room – Law Society 2-30pm to 5-00pm

Graduation – Friday 26 June 2020

Presidents’ Hall – The Law Society
Contact Details
An application form may be obtained in relation to the Diploma course from:

Dr Eamonn G Hall
Director of Education
Faculty of Notaries Public/Institute of Notarial Studies

22 Belgrove Lawn
Chapelizod
Dublin 20 D20 P668
Ireland Tel: 087 322 9480

Email: info@ehall.ie

Web: www.ehall.ie
www.notaryinstitute.ie