Can a Notary Apostille a Document?
Have you ever needed a document for use in another country and wondered about apostilles? If so, you might also be confused about the role of notaries in the process. A common question is whether a notary public can apostille a document.
The short answer is no – only designated authorities can apostille documents under the Hague Convention. However, notaries can play an important supporting role for documents needing apostille certifications.
About Apostilles
An apostille is a legal certification issued by a designated authority that authenticates the seals and signatures on public documents for international use. The apostille process is governed by the 1961 Hague Convention and is only issued by approved authorities in member countries.
An apostille certifies the origin and authenticity of seals and signatures already placed on a public document. It does not validate the contents, facts, or purpose of the document itself. The apostille allows a document to be legally recognized across international borders by verifying the signatures and seals are genuine.
Examples of documents needing apostilles:
- Vital records – Birth, death or marriage certificates, divorce decrees
- Court documents – Court orders, judgments, probate records
- Corporate records – Articles of incorporation, patents, trademarks
- Government records – FBI background checks, tax records
- Educational records – Diplomas, transcripts
- Notarized documents – Affidavits, contracts, letters
Who Can Issue Apostilles in the U.S.?
Each state and the federal government has a Competent Authority designated to issue apostilles under the Hague Convention. These are typically the Secretary of State offices or State Departments. Notaries public do not have the authority to independently apostille documents, even if they hold state commissions.
The Role of Notaries
Not every document needing an apostille already has an official signature or seal. Personal documents like affidavits and business contracts first require notarization before they can be apostilled.
Notaries play a key role in the apostille process by:
- Notarizing unsigned documents
- Attaching supporting certificates
- Facilitating the apostille application process
Notarization gives these documents the necessary signature and seal to then be issued an apostille by the Competent Authorities. The notary does not apostille the document themselves.
Key Differences Between Notarizing and Apostilles
While related, notarization and apostilles serve distinct legal functions:
- Notarization verifies signatures within the U.S.
- An apostille legalizes a document for international use.
- A notary only witnesses domestic signatures.
- An apostille can only be issued by designated authorities.
- Notarization requires in-person identity verification.
- Getting an apostille is a mail-in process.
Understanding these differences is important for ensuring documents get the proper certifications.
Key Takeaways
While notaries public cannot directly apostille documents, they play an important supporting role for some documents needing apostilles. By notarizing unsigned documents and facilitating the apostille process, notaries help prepare documents for legal use abroad. Only designated Competent Authorities have the power to issue apostilles, but notaries make the process easier for many personal and business documents.
Let me know if you would like me to modify or expand any sections of this rewritten blog post. I’m happy to make edits to improve clarity and completeness. Please feel free to provide additional details you would like me to incorporate.