In December 2013, the following three States have joined the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption: Croatia (5 December), Haiti (16 December) and Serbia (18 December). The Convention will enter into force for all three States on 1 April 2014.
Vancouver Notary arrested in relation to Ponzi Scheme
Posted 14/11/2013
VANCOUVER -- A former notary public from Vancouver is facing fraud and theft charges over an alleged ponzi scheme that police believe bilked more than 100 investors out of as much as $40 million.
The RCMP announced Wednesday the 28 counts sworn against 60-year-old Rashida Samji focus specifically on 14 victims who allegedly invested $17 million between 2006 and 2012.
The force also noted some of the allegations stretch back as far as 2003.
"This was a lengthy complex investigation and its success would not have been achieved without the co-operation of the Vancouver police and support given by investigators from the BC Securities Commission," said RCMP Supt. Derek Simmonds in a news release.
"This investigation successfully dismantled a fraud scheme which had victimized numerous people. The outcome is a product of very thorough work completed by the Financial Integrity investigators coupled with the support provided by partner agencies," says Simmonds.
Members of the RCMP's Federal Serious and Organized Crime division and the Vancouver Police Department began an investigation in February 2012.
Samji was arrested without incident while leaving her residence Nov. 7 but has been released on $100,000 bond and 13 bail conditions.
She is expected to make her next appearance in Vancouver provincial court Nov. 18. The allegations have yet to be proven in court.
Samji is also facing a civil class-action lawsuit in B.C. Supreme Court, and one court document states about 96 investors have launched legal action over a loss of $22.7 million.
The lawyer listed as representing Samji in the civil action did not return a call by The Canadian Press.
Paul Bennett, legal counsel for the plaintiffs in the civil case, has said previously his clients are resident of Metro Vancouver and for most of the investors, the money represented their savings. He also said a trial date in the civil action has been set for May 2014.
The Society of Notaries Public of B.C. suspended Samji on Feb. 7, 2012 and obtained a court order appointing a custodian over Samji's practice on Feb. 8.
She subsequently submitted her resignation on March 6, 2012.
Department of Foreign Affairs and Trade - Apostille Service
Posted 7/10/2013
Authentication of documents
The Consular Services Section of the Department of Foreign Affairs and Trade has responsibility for the Authentication of documents.
Introduction
The Department of Foreign Affairs and Trade can Authenticate\Apostille documents executed in Ireland that are to be used in other countries. Irish Diplomatic and Consular Missions abroad can legalise documents executed abroad for use in Ireland.
Authenticating a document simply means confirming that a signature, seal or stamp appearing on the document is genuine. Legalising a document means authenticating it for the purpose of making it acceptable to an Irish court.
Authentication and Legalisation do not mean that the content of a document is accurate or that the Department of Foreign Affairs and Trade approves of the content.
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Why do documents need to be Authenticated\Apostilled?
If you are going to use Irish documents overseas, for business or personal reasons, you may be asked to have your documents Authenticated\Apostilled by the Department of Foreign Affairs and Trade. You should therefore confirm with the authority to whom you are presenting the documents what their requirements are with regard to Authentication\Legalisation.
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What is an Apostille?
The 1961 Hague Convention abolished the requirement for Foreign Public Documents (e.g. birth, death and marriage certificates, documents issued by a Notary Public) to be legalised for countries that are parties to the Convention. The Convention entered into force for Ireland on 9 March 1999. For further information on the Hague Convention please access their website.
However, countries that are parties to the Convention may request the bearer of a document issued by a public authority to obtain an Apostille from the Authorities of the country that issued the document.
An Apostille involves the addition of a certificate, either stamped on the document itself or attached to it. It certifies the country of origin of the document, the identity and capacity in which the document has been signed and the name of any authority which has affixed a seal or stamp to the document.
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Documents we can Authenticate\Apostille
The Department of Foreign Affairs and Trade can Authenticate\Apostille documents of Irish origin provided that they bear an original signature, seal or stamp from an Irish practising public official or organisation. An Irish document means that it originated or has been executed in Ireland. If a practising Irish solicitor, Notary Public or Commissioner for Oaths is signing a document they should state clearly what exactly it is they are certifying in relation to the document. They must sign their own name and not use a company signature.
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Examples of Documents the Department can Authenticate\Apostille are:
The Department of Foreign Affairs and Trade can Authenticate\Apostille public documents which have been executed in the territory of One Contracting State and which have to be produced in the territory of another Contracting State.
Examples:
- Original certificates issued by the General Registers Office (GRO)
- Company documents issued by the Companies Registration Office
- Documents signed by the Chambers of Commerce in Ireland
- Court documents, Powers of Attorney, and other Notarial Acts can be Authenticated provided they bear an original signature, seal or stamp from a practising Irish solicitor\ Notary Public in Ireland
- Educational Certificates can be Authenticated provided they fall within the National Framework of Qualifications established by the National Qualifications Authority of Ireland \ are recognised by the Department of Education.
- We can also Authenticate\Apostille medical reports signed by a doctor who is registered with the Medical Council of Ireland.
- Garda Clearance letters confirming a person's details for Consular purposes must be issued from the Superintendent's Office of the Garda station where you last resided in Ireland. This letter must bear an original stamp and signature of the Garda Siochána.
An appointment is necessary for large numbers of documents and for full foreign adoption dossiers.
Photocopies of Documents
We can Authenticate\Apostille photocopies of certain types of documents provided they have been certified by a practising Irish Solicitor or Notary Public in Ireland. However, you should in the first instance confirm with the authority to whom you are presenting the document that a certified copy will be acceptable to them.
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How to get your Document Authenticated\Apostilled
Documents that have been executed in Ireland, and which are to be Authenticated or Apostilled by the Department can be:
Presented to the Department at its Public Office at the following address:
Consular Section
Department of Foreign Affairs and Trade
Hainault House
69 - 71 St. Stephen’s Green
Dublin 2
or sent via post to:
Consular Section
Department of Foreign Affairs and Trade
80 St. Stephen's Green
Dublin 2
Documents sent by post must include the following:
A brief covering letter stating your name, return address, telephone number, you must state what country the document(s) are for use in, and you must include the appropriate fee.
Tel. (01) 408 2174
(01) 408 2322
(01) 408 2557
(01) 408 2576
For the Munster area:
Consular Services,
Department of Foreign Affairs and Trade,
1A South Mall,
Cork
Tel : 021 4944765 / 021 4944766
Opening Hours:
The opening hours for the Public Offices in Dublin and Cork are as follows:
Monday - Friday (excluding Bank Holidays)
0930 - 1300
1430 - 1600
Fees
A fee of €40 is charged for each Apostille or Authentication. There is a standard fee of €100 for a series of Apostilles or Authentications in relation to inter-country adoptions. All Post Placement Reports have a fee of €40.00
Please note that there may be an additional administration fee if applying for these services from our offices abroad. Fees will be notified on request.
Methods of Payment
This section relates to services available at the Department of Foreign Affairs and Trade in Dublin and Cork.
Payment can be made by Cash, Bank Draft (made payable to the 'Department of Foreign Affairs and Trade'), Irish Postal Order or by Credit/Debit card.
It should be noted that all bank drafts must be drawn on an Irish bank or a bank showing a connection with a bank in Ireland. Personal cheques are no longer accepted.
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E-Register Verification of Apostilles and Authentications
The online electronic register enables you to verify the authenticity of an Apostille or Authentication issued by the Department of Foreign Affairs and Trade in Ireland from 01 January 2013.
In order to verify an Apostille or Authentication, please click here
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Legalisation
Irish Diplomatic and Consular Missions abroad can legalise documents executed abroad for use in Ireland.
Administering oaths, affirmations and statutory declarations and certifying copies of documents:
Irish Diplomatic and Consular Officers abroad are empowered under Irish law to administer oaths, affirmations and statutory declarations. They can also certify copies of original Irish documents or translations.
If you require any of these services, contact your nearest Irish Diplomatic or Consular Mission.
The fee for these services in local currency and methods of payment will be notified, on request, by the relevant Mission.
Notary Public cuts ties with 'property trust'
Posted 5/9/2013
Notary officer cuts ties with contentious property trust
Dermot Conway was the preferred notary public for the Rodolphus Allen Trust as it took in and leased back properties at sign-in sessions held across Cork during the summer.
Mr Conway’s decision to cease offering notarising services to the trust came after it controversially retook a stud farm in Kildare. The farm had been managed by court-appointed receivers, Savills.
The trust, run by Kilkenny farmer Charlie Allen, has been used by debtors across the country who hope to put properties out of the reach of banks and lenders.
Mr Conway, who is also a solicitor in Cork City, has now stopped providing the services.
During the summer, the presence of a notary public allowed an official third party to verify and record people’s actions when they signed deeds that placed properties into the trust.
Mr Conway had witnessed hundreds of deals in which indebted people signed over properties after providing proof they were the freehold owners.
Mr Conway, a specialist maritime lawyer, did not act for the trust or advise any of those who placed properties into it. He was employed by the trust and was not paid by the applicants.
Last week, the trust, which has had its legitimacy questioned in the Seanad, ousted receivers from the Kennyscourt stud farm in Kildare, which is owned by Eugene McDermott.
The receivers took back the farm the next day only for the trust to return with a consaw and more then 250 supporters on Saturday afternoon to take possession once more.
The trust’s arguments have yet to be tested in court and Mr Allen said yesterday that he would not explain how it hoped to defeat mortgages. He said that those who needed to know knew.
The group cited ancient Brehon law during Saturday’s march. This is understood to refer to the belief that there can only be one owner of freehold land, so mortgages that dilute that ownership are unlawful.
The trust did not make a statement on Mr Conway’s decision.
Cork had been a focal point for numerous signing-in sessions conducted by the trust. This was because a notary public can only operate in the county in which they are appointed.
Violation costs Notary Public Statues in Jackson
Posted 13/8/2013
A Jackson woman lost her notary public status and was ordered to turn in her stamp as punishment for a violation involving a property deed. Tammy Jo Baldwin-Chesney, 46, was sentenced Thursday in Lenawee County District Court where she pleaded guilty to a reduced attempted disorderly misdemeanor count.
She was charged in July with a felony notary public violation for allegedly notarizing a quit claim deed without witnessing both parties sign the document. The issue came up during a civil suit involving a land contract for a house in Adrian.
Baldwin-Chesney was placed on probation for six months and ordered to pay a $100 fine and $150 court costs. Her notary power was revoked and she was ordered to turn in her stamp by Judge James E. Sheridan when she pleaded guilty on the 12th August.
Irish Embassy - India - Marraige Abroad
Posted 16/7/2013
Marriage Abroad
Some countries may require non-nationals, before they can get married in their jurisdiction, to produce a certificate from their country of origin that they are free to marry. These are usually known as Certificats de Coutume and may be issued to Irish citizens abroad who apply, to the Embassy of Ireland in New Delhi. Applications cannot be sent through Honorary Consulates.
The online application system is accessible here:http://www.dfa.ie/home/index.aspx?id=274 from
Applications should be made four months before the marriage is due to take place. There is an additional charge for late applications. The certificat de coutume is valid for 120 days from the date of issue.
All documents in languages other than English should be translated.
Documents required
In all cases, the following documents are required for each Irish person:
- All documents required by the online application process
- A notarised copy of your and your intended spouses passports
- Fee of INR 4,400. This must be in the form of a bank draft. A letter can be provided, if necessary, for applicants in Nepal to obtain a bank draft.
- If it is less than 28 days before the intended marriage, the fee is INR 8,800
The statutory declaration form must be completed in person either at the Embassy or before a notary public. If you wish to have your form witnessed at the Embassy, please contact us at +91 11 49403200 for an appointment. If you choose to complete the form with a notary public, you can complete the rest of the process by mail.
Getting Married Abroad - Notary Service
Posted 2/7/2013
Making an application
Online questionnaire
To apply for a Certificate of Freedom to Marry, you must complete an online questionnaire about yourself and your upcoming marriage or civil partnership.
Statutory Declaration
Based on this questionnaire, you’ll be presented with one or more Statutory Declarations to complete and a checklist of supporting documentation you’ll need to submit with your application.
You need to:
- Print and sign your questionnaire
- Print out a copy of each Statutory Declaration
- Print out your checklist
- Complete the Declarations and have them witnessed
- Post them to us with your supporting documentation, signed questionnaire and fee
Remember…
Print off or save each form right after your online questionnaire, as you won’t be able to retrieve them later.
When to apply
Submit your application a minimum of four months before the date of your marriage or civil partnership.
Your witnessed statutory declaration(s) cannot be dated more than six months before the date we receive your application.
Remember…
Your application is not complete until we get hard copies of your questionnaire, statutory declaration(s), and all supporting documentation.
Making an application
Online questionnaire
To apply for a Certificate of Freedom to Marry, you must complete an online questionnaire about yourself and your upcoming marriage or civil partnership.
Statutory Declaration
Based on this questionnaire, you’ll be presented with one or more Statutory Declarations to complete and a checklist of supporting documentation you’ll need to submit with your application.
You need to:
- Print and sign your questionnaire
- Print out a copy of each Statutory Declaration
- Print out your checklist
- Complete the Declarations and have them witnessed
- Post them to us with your supporting documentation, signed questionnaire and fee
Remember…
Print off or save each form right after your online questionnaire, as you won’t be able to retrieve them later.
When to apply
Submit your application a minimum of four months before the date of your marriage or civil partnership.
Your witnessed statutory declaration(s) cannot be dated more than six months before the date we receive your application.
Remember…
Your application is not complete until we get hard copies of your questionnaire, statutory declaration(s), and all supporting documentation.
Supporting Documents
Your checklist will tell you exactly what supporting documentation you’ll need for your application, which may include:
- Your original long-form birth certificate
- A court order, if you are under 18 years
- Death certificate of your previous spouse, if widowed
- Petition and final decree of your divorce, if divorced
- A photocopy of your current Irish passport
- Your original naturalisation certification, if naturalised
Translating your documents
You’ll need to submit certified translations of any of these documents, if the originals are in a language other than English or Irish.
Getting replacement documents
We need original documents (except for the photocopy of your passport) to process your application.
Getting your documents back
We will return all your original documents to you after we inspect them.
Remember…
If you haven’t included all the necessary documents, your application will be returned to you.
Intercountry Adoption - Helping Hands Adoption Agency - Adoption Notary Public
Posted 24/5/2013
Fine Gael TD for Waterford, Paudie Coffey, has welcomed the news that Helping Hands Adoption Mediation Agency (HHAMA) has been awarded a licence to facilitate adoptions from Vietnam for Irish applicants.
"This is great news for Waterford families who have been involved in the adoption process for a number of years now. Since taking office two years ago, the Minister for Children, Frances Fitzgerald, has made reforming the adoption process in this country a major priority of her Ministry. We are seeing real progress in this area which will hopefully lead to a positive conclusion for all involved.
"Helping Hands has been facilitating adoption in this country for many years, allowing couples to start or expand their families through adoption. Over the last number of years, it has been very difficult for parents to adopt in Vietnam when the Fianna Fáíl-led Government allowed the bilateral agreement between the two countries to lapse. The Russian authorities also blacklisted Ireland which prevented many would be adopters from adopting children.
"HHAMA is the first agency to be accredited in facilitating adoptions of Vietnamese children for Irish parents under the new law brought in by Minister Fitzgerald. I would like to thank everyone involved in resolving this matter, allowing prospective Waterford parents to adopt children from Vietnam."
Notaries in Oman will soon have access to to fingerprint reading devises to electronically verify the identify of those wanting to obtain official records.
Posted 13/5/2013
Notaries in Oman will soon have access to to fingerprint reading devises to electronically verify the identify of those wanting to obtain official records. The Ministry of Justice announced yesterday that the department would be installing Fifty-four fingerprint reading devices in notary offices across the Sultanate as a trial of the new program. The Sultanate makes this level of verification possible due to the structure of the notary system; those seeking a notary public must travel to one of the 60 official offices for services.
Muscat, Oman / Times of Oman — The Ministry of Justice yesterday launched the fingerprint reader service at the Public Notary offices as a step towards digital format in record keeping.
Fifty-four fingerprint reading devices were put into operation in the first stage. The exercise will be completed later by providing more than one machine at each of the 60 Public Notary offices across the Sultanate. This will ensure that each Public Notary will have his own fingerprint reading device and it will be possible to ensure electronic verification of the identity of all visitors desirous of obtaining official records.
The system, which is linked to the Civil Status department at the Royal Oman Police (ROP), aims at providing maximum security for official records issued by the Notary offices and would also help save time and efforts in codification of the data pertaining to the visitors, including traditional women who would not have to reveal their faces.
The system is part of a package of electronic services in the Justice Department’s e-project, which will link up with 17 government entities, including the Administrative Affairs Council for the Judiciary, the ROP, the ministries of Finance, Housing, Manpower, Commerce and Industry and the Civil Service.
It will also cover computerisation of the administrative and financial aspects in the ministry, including tenders, procurement, recruitment, warehouses, as well as the special services related to archiving the official records issued by the Notary — some of these dating back to the first half of the last century.
New Post Title
Posted 7/5/2013
The First Gathering of Common Law Notaries 2013
The World Organisation of Notaries (WON) will convene its first Annual Conference in the Royal Marine Hotel in Dun Laoghaire, Co. Dublin where its inaugural meeting took place in 2010. The purpose of WON is to bring together, in an inclusive body, notarial organisations and individual notaries from around the world to share—between and among members in their relevant jurisdictions—the common goals of creating better notarial services and improving trade, business, commerce, and international matters. It represents and assists those organisations, within their respective legal jurisdictions, in promoting the public’s employment of notaries as trusted individuals for transacting and streamlining trade, business, commerce, and international matters. WON is committed to improving professional development of the Individual Notary and to the ongoing development of the notarial profession, within and among the jurisdictions subscribing to its ideals and objectives.
This is a closed (delegate only) conference to be attended by over 100 delegates from over 10 countries.
The conference is being hosted by The Faculty of Notaries Public in Ireland and supported by Failte Ireland www.meetinireland.com
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