Notarisation and the apostille explained

Three different acts

Three acts are often confused. A notarial act or official certificate is placed on a document by a public official in the country where it is made. The Apostille Convention lists notarial acts and official certificates placed on privately signed documents among the public documents it covers ². Legalisation is the formality by which the diplomatic or consular agents of the country where a document will be used certify its authenticity ². An apostille is the single certificate that replaces legalisation between Contracting Parties ^1,2.

Each act attests to something narrow. None of them is described in the Convention as a check on whether the content of the document is true ².

What an apostille certifies

Article 3 of the Convention says the only formality that may be required is the addition of the certificate by the competent authority of the state where the document was issued ². The certificate confirms three things.

• The authenticity of the signature on the document ².
• The capacity in which the person signing the document acted ².
• Where relevant, the identity of the seal or stamp the document bears ².

Which documents are covered

Article 1 covers documents from courts and court officials, administrative documents, notarial acts, and official certificates placed on documents signed by private persons ². It excludes documents made by diplomatic or consular agents and administrative documents dealing directly with commercial or customs operations ².

The certificate is issued at the request of the person who signed the document or any bearer ². The signature, seal and stamp on the apostille itself are exempt from all certification ².

Who issues apostilles and how they are checked

Each state names its competent authorities by their official function and notifies the Ministry of Foreign Affairs of the Netherlands ². Each competent authority keeps a register of the certificates it issues, with the number, the date and the name and capacity of the person who signed the underlying document. On request it must verify that a certificate matches its register ².

The HCCH launched the electronic Apostille Programme, or e-APP, in 2006 to support electronic issuance and verification ¹. The HCCH defines an e-Apostille as an official Apostille issued in digital form, and says it cannot be refused simply on the grounds that it is issued in electronic form ¹.

How two national offices describe the process

In the United Kingdom the FCDO Legalisation Office checks whether signatures, stamps or seals match its own records ³. Documents from a public registry, court, government department or registered doctor can be legalised directly. Other documents, such as powers of attorney, contracts and copies of passports, must first be certified by a UK public official such as a notary or solicitor ³.

In the United States the Department of State issues apostilles for documents used in countries that are party to the 1961 Hague Convention, and certificates of authentication for countries that are not ⁴.