We receive many phone calls with various questions about the Apostille and notarization process. We decided to take a minute and explain to you in detail: exactly what is an apostille, as well as the notarization of the document meant for international use, and exactly how the process works!
While notarizing documents that are meant for foreign countries, you possibly will be asked if you can provide something that goes by the name of an “apostille“ for the document.
An apostille is an official document, usually attached to your specific document by an appropriate government official after it is notarized. Even though you are not responsible for getting an apostille, signers often ask about them, therefore it’s useful to understand what they are and how they work.
Apostille or legalization of the document in an embassy?
Apostilles and validation certificates authenticate the seal and signature of a Notary on your official papers so that it can be recognized in a foreign country.
Apostilles are used once public documents are being transported between countries that are parties to the Hague Apostille Convention of 1961. This international agreement modernized the difficult, old-fashioned process for authenticating official papers.
An apostille is distributed by your Secretary of State’s bureau or Notary authorizing organization. As soon as ready and verified, the apostille is attached to and directed along with the notarized documents. Keep in mind that notaries cannot issue apostilles themselves. This all occurs after the notarization, and requires no action on your part.
Authentication certificates are used for nations that are not included in the Hague Convention. Instead of a single apostille, the document needs numerous validation certificates, including those from your U.S. Department of State, the consul of the destination country and possibly another governmental body in the country the document is meant for. The necessities and handling time for authentication certificates will differ from country to country.
Authentication of document meant for overseas
In accordance with the local and the U.S. Department of State regulations as well as requirements on documents exchange between foreign countries, documents that might necessitate in authentication for use abroad are stated below:
- Affidavits and Acknowledgments
- Agreements and Contacts
- Power of Attorney and Authorization Letters
- Divorce decree or Certificate of Divorce
- Certificate on Non-appeal
- Birth Certificate or Birth Record Registration issued by Hospitals
- Marriage Certificate, Marriage License or Church Marriage Documents
- Death Certificate
- Permit to Transport the body or ashes overseas
- Diplomas, home study, transcripts and record of grades
- Single Status Affidavits
- Trademarks
- Warrants, extraditions
- Certificates of good standing and other common personal and business documents
- Articles of Incorporation and Corporate bylaws
- Deeds of Assignment
- Form 6166 (aka U.S. residency certification)
- FBI Background check certificates or No-Criminal Record Existence Certificates
- Social Security Administration Letters
- Certificate of Naturalization in the USA
Applications for an apostille or authentication document are usually submitted in writing to your Secretary of State’s office and should enclose:
- A justification of why the apostille or certification is needed.
- The original document, containing the Notary’s public completed notarial documentation.
- The final destination of the document: country, state, etc.
- The required fee which differs by state.
The commissioning office decides whether your official papers require an apostille or authentication certificate.
What is the Notary’s Part?
You are only responsible to notarize the document. Because the document is destined for another country, the notarization must be accomplished flawlessly to confirm that there are not any problems on the receiving end. For instance, some judges governing over divorce cases in other countries may not accept documents not accurately notarized.
Don’t forget that with any notarized documents passing through a Notary regulator’s office, the paperwork will be closely analyzed. Any notarial mistakes can serve as an outcome in an enforcement action against you.
Why inform you regarding all these things?
If you have read this far, the Apoling Solutions has some great news for you!
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