Statutory Declarations in Ireland

Statutory declarations made in Ireland

Pursuant to the Statutory Declarations Act 1938 a statutory declaration made in the State is required to be made before either:

• A notary public
• A commissioner for oaths
• A peace commissioner
• A practising solicitor

Statutory declarations made outside Ireland

The Investment Funds, Companies and Miscellaneous Provisions Act 2006 - Section 6(1) provides that a statutory declaration made in a place outside the State in pursuance of or for the purposes of the Companies Acts is regarded as having been validly made if it is made in such a place before

• A person entitled under the Solicitors Act 1954 to practice as a solicitor in the State
• A person authorised under the law of that place, to administer oaths in that place, subject to appropriate legalisation or authentication
• A diplomatic or consular official of Ireland pursuant to the Diplomatic and Consular Officers (Provisions of Services) Act 1993

Legalisation or Authentication means the formality by which the authenticity of a signature on a document, the capacity in which the person signing the document and the seal or stamp of a person which a document bears, are certified. This involves the authorities of the jurisdiction where the document was executed certifying these matters to the satisfaction of diplomatic or consular officials of Ireland, which officials in turn certify that the relevant authorities have provided the certification to them.

Statutory declarations made in any of the EC Convention Countries

This refers to countries which are parties to the Convention Abolishing the Legalisation of Documents in the Member States of the European Communities - Belgium, France, Denmark and Italy. Where a statutory declaration is made in any of these jurisdictions for the purposes of the Companies Acts before a person entitled to administer oaths in the jurisdiction in question, no legalisation is required.

Statutory declarations made in any of the Hague Convention Countries

This refers to countries which are parties to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents done at the Hague on 5 October 1961. If the jurisdiction where the declaration was made is not a party to the EC Convention but is a party to the Hague Convention, then provided that the declaration is signed in the foreign jurisdiction before a person entitled to administer oaths in that jurisdiction, such as a notary public, the only form of legalisation that is required is a single certificate called an apostille. The apostille is stamped on or attached to the declaration, which is obtainable from the designated competent authority for the jurisdiction in question. It is a matter for the person submitting the declaration to the CRO to obtain the necessary apostille.

The apostille, when fully completed by the relevant designated competent authority, will certify the authenticity of the signature, the capacity in which the person signing the declaration has acted, and where appropriate, the identity of the seal or stamp which the declaration bears. The apostille itself is exempt from all certification.

A statutory declaration made in a Hague Convention country (not also being a party to the EC Convention) must be submitted to the CRO with the apostille in order to be accepted for registration.

For the purposes of the Hague Convention, the United Kingdom includes certain foreign territories, including the Cayman Islands, Gibraltar, Turks and Caicos Islands, and Bermuda.

Statutory declarations made in a jurisdiction that is neither a party to the EC Convention nor the Hague Convention.

If the jurisdiction where the declaration is made is not a party to either the EC Convention or the Hague Convention, section 6(6) of the Investment Funds, Companies and Miscellaneous Provisions Act provides that the Registrar of Companies may, before receiving any statutory declaration purporting to be made in pursuance of, or for the purposes of, the Companies Acts, being a declaration to which neither the provisions of the EC Convention nor the Hague Convention apply as regards the authentication of it, require such proof, as he considers appropriate of the authenticity of the signature, the capacity in which the person making the declaration has acted, and where appropriate, the seal or stamp of the person taking the declaration.

The Registrars requirement is that the identity of the person taking the statutory declaration be authenticated, in order that CRO staff can be satisfied that the person who has taken the declaration is a person authorised under the law of the foreign jurisdiction where that declaration was made to administer oaths in that place.

It is not possible to make a valid declaration for the purposes of the Companies Acts in a jurisdiction where there is no Irish Embassy or Honorary Consul as it will not be possible for the company or the presenter to furnish to the CRO the requisite authentication as to the seal or stamp of the person who has witnessed the making of the declaration. The exception is in the case of a Commonwealth country, where there is no Irish Embassy or Honorary Consul in the country concerned, the seal or signature of the person who has witnessed the making of the declaration should be authenticated by the Governor of the country in question, then stamped at the Foreign Office in London and finally stamped as seen at the Irish Embassy in London.

Statutory declarations made outside the State but before a diplomatic or consular official of Ireland.

A statutory declaration under the Statutory Declarations Act 1938 may be made outside the State before a diplomatic or consular official of Ireland, pursuant to the Diplomatic and Consular Officers (Provisions of Services) Act 1993.