Apostille Vs. Notary: Key Differences Explained

When dealing with important documents, especially those that need to be used internationally, you’ll likely encounter the terms apostille vs. notary. While both processes involve certifying the authenticity of a document, they serve very different purposes and are required in distinct situations. Learning these differences will help you make sure that your documents are valid and legally accepted, be it for business, legal, or personal purposes.

This article will explore the fundamental differences between apostilles and notarizations, when you need each, and how they impact the legal validity of your documents.

What is a Notary?

A notary public is an official the state has appointed to act as an impartial witness when the signing of documents occurs. The notary’s primary job is to verify the identities of the individuals signing a document and to make sure that they are doing so willingly and knowingly. A notary’s signature and seal certify that the document was signed in their presence, following the proper legal procedures.

The Role of a Notary Public

Notaries serve as neutral witnesses to the signing of documents. They verify that signers are who they say they are by inspecting state-issued identification. They confirm that the signers understand the content of the document and are signing it voluntarily. 

Once the document is signed, the notary will apply their seal and signature. This makes the document legally binding within the jurisdiction where the notarization occurred.

Notarization is often required for a variety of documents, such as:

• Real estate contracts
• Powers of attorney
• Wills and trusts
• Affidavits
• Adoption papers
• Loan documents

Notary Services for Domestic Use

Notarization is typically sufficient for documents that need to be used within the same jurisdiction, such as the state or country where the notary is commissioned. In this case, notarized documents are considered legally valid within the location where the notary is authorized to perform services. However, notarization does not guarantee that the document will be accepted internationally.

If a notarized document needs to be used in another country, it may require an additional level of certification, such as an apostille, to be legally recognized.

What is an Apostille?

Apostilles are internationally recognized certifications that authenticate the signature and seal on a document. This makes it valid for use in another country. Apostilles are used specifically for documents that are going to be used in foreign countries that are members of the Hague Convention. This simplifies the process of legalizing documents across borders.

The Purpose of an Apostille

An apostille is not a simple signature or seal; it’s an official government certificate that verifies that the document was properly signed and notarized by the appropriate authority. Once applied, the apostille guarantees that the document will be accepted as valid in any country that participates in the Hague Convention.

Common documents that require an apostille include:

• Birth certificates
• Adoption papers
• School transcripts
• Diplomas
• Court orders
• Powers of attorney
• Marriage and divorce certificates

Unlike notarization, which ensures that a document is valid within a specific jurisdiction, an apostille ensures that the document is recognized by foreign governments.

Apostille vs. Notary: Key Differences

Now that we’ve defined both terms, let’s break down the key differences between an apostille vs. notary in a way that highlights their distinct roles in the document certification process.

Purpose and Scope

• Notary: A notary public certifies that a document has been signed in their presence by the appropriate person(s), and that the signatures are valid within the jurisdiction where the notary is authorized to act. Notaries are typically used for domestic document validation.
• Apostille: An apostille is used when a notarized document needs to be recognized internationally. It authenticates the document’s signature and ensures that it will be accepted in foreign countries that are part of the Hague Convention.

Who Issues Them

• Notary: Notaries are appointed at the state level, and their duties are governed by state law. They are responsible for witnessing the signing of documents and confirming the identities of the signers.
• Apostille: Apostilles are issued by designated authorities, such as the Secretary of State in the U.S. These authorities verify the authenticity of the document’s signature and seal before issuing the apostille.

Scope of Acceptance

• Notary: A notarized document is valid within the jurisdiction of the notary’s authority (usually the state or country where the notary is commissioned). Notarization does not guarantee international recognition.
• Apostille: An apostille guarantees international recognition in any country that is a signatory to the Hague Convention. It validates that a document has been signed and notarized correctly. This guarantees that it will be accepted abroad.

Additional Requirements for International Use

• Notary: If a notarized document needs to be used internationally, it often requires an apostille or embassy legalization–depending on the country where it is being used.
• Apostille: An apostille is typically the final step for international document validation in Hague Convention countries. No further authentication is required unless the document is intended for use in a non-Hague country.

When Do You Need a Notary?

You will need a notary when you are signing documents that need to be legally binding within your jurisdiction. Notarization is necessary when:

• You need to certify the identity of the signers.
• You are signing important contracts, legal documents, or affidavits.
• You are involved in real estate transactions, powers of attorney, or estate planning.

Notarization is also required for documents where the signers must swear to the truth of the statements in the document, such as in affidavits or sworn statements.

When Do You Need an Apostille?

You will need an apostille when you need to use a notarized document in a foreign country that recognizes the Hague Convention. Apostilles are required for:

• Documents that will be used for business transactions abroad (e.g., contracts, corporate papers).
• Personal matters like getting married, adopting children, or inheriting property in another country.
• Academic purposes, such as sending school transcripts or diplomas to a foreign institution.

An apostille guarantees that your documents will be legally recognized in any country that is a member of the Hague Convention, making the process of document validation much simpler for international use.

How to Obtain an Apostille

To obtain an apostille, follow these steps:

• Notarize Your Document: Make sure the document is notarized by a certified notary public.
• Submit Your Document to the Appropriate Authority: In the U.S., you will submit the notarized document to your state’s Secretary of State office or the U.S. Department of State for federal documents.
• Receive Your Apostille: After processing, the apostille will be attached to your document, certifying its validity for international use.

If you need help navigating the apostille process or guaranteeing your documents are notarized correctly, don’t hesitate to reach out to Apostille Corp. We can assist in expediting the authentication process and make sure your documents are legally recognized wherever you need them.