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Notary Public vs Commissioner for Oaths

The key differences explained — and how to know which one you need.

One of the most common questions we receive is: "Do I need a Notary Public or a Commissioner for Oaths?" While both are authorised to witness sworn statements and verify documents, they serve fundamentally different purposes and carry different levels of authority. This guide explains the key differences to help you choose the right service.

The Key Difference

The simplest way to understand the distinction:

Notary Public

International Recognition

  • Appointed by the Chief Justice of Ireland
  • Documents recognised internationally
  • Uses an official notarial seal
  • Maintains a notarial register (protocol)
  • Required for apostille on private documents
  • Specialist Diploma in Notarial Law required
  • Commissioned for life

Commissioner for Oaths

Domestic Use

  • Any practising solicitor can act as one
  • Documents for Irish use only
  • No notarial seal required
  • No register maintained
  • Cannot authenticate documents for foreign use
  • No specialist notarial qualification needed
  • Generally less expensive

When Do You Need a Notary Public?

You need a Notary Public when your document is destined for use outside of Ireland. Common scenarios include:

  • Buying or selling property abroad — powers of attorney, contracts, declarations
  • Working or studying overseas — certified copies of qualifications, employment documents
  • International business — corporate documents, board resolutions, commercial agreements
  • Immigration/visa applications — statutory declarations, certified passport copies
  • Foreign inheritance/succession matters — affidavits, statutory declarations
  • Documents requiring an apostille — the DFA requires notarisation of private documents before issuing an apostille

When Is a Commissioner for Oaths Sufficient?

A Commissioner for Oaths is suitable when documents are for domestic Irish use only. This includes:

  • Affidavits for Irish court proceedings
  • Statutory declarations for Irish government departments
  • Witnessing signatures on Irish legal documents
  • Land Registry declarations
  • Revenue Commissioner declarations
  • Social welfare or insurance declarations

Cost Comparison

Because a Notary Public's work involves additional formalities — the notarial seal, maintaining a protocol (register), and the specialist qualification — notary public fees are typically higher than Commissioner for Oaths fees.

Service Typical Cost Range Best For
Commissioner for Oaths €10 – €25 per document Irish court affidavits, domestic statutory declarations
Notary Public €65 – €150+ per document International documents, apostille, foreign use
Hugh Phelan is both a Notary Public and a Solicitor — meaning he can act as either a Notary Public (for international documents) or a Commissioner for Oaths (for domestic documents). He'll advise you on the correct and most cost-effective option for your needs.

Which Documents Need Which?

Document / Situation Commissioner Notary Public
Affidavit for Irish court
Statutory declaration (domestic)
Power of Attorney for foreign use
Property purchase abroad
Certified copy for foreign authority
Document for apostille
Visa/immigration declaration Sometimes
International business contract
Land Registry affidavit (Irish)

Not Sure Which You Need?

If you're unsure whether you need a Notary Public or a Commissioner for Oaths, the best approach is to ask yourself: Where will this document be used?

  • Ireland only? → Commissioner for Oaths is likely sufficient (and more affordable)
  • Abroad? → You almost certainly need a Notary Public
  • Not sure? → Contact Hugh Phelan's office and we'll advise you

Hugh Phelan offers both services, so you'll always get the most appropriate — and most cost-effective — option for your situation.

Need Help Deciding?

Contact us for free initial guidance on whether you need a Notary Public or Commissioner for Oaths.