What Is an Apostille?
If you need to use an official document in another country, you may be told that it requires an apostille. The term can sound unfamiliar, but its purpose is fairly straightforward: an apostille helps a public document issued in one country be recognized in another.
The exact process depends on the document, where it originated, and the country where it will be used. Understanding those details before you begin can help you avoid delays, rejected documents, and unnecessary expense.
What Is an Apostille? When You Need One and How the Process Works
An apostille is a certificate issued by a designated government authority that authenticates the signature, title, or seal of the public official connected to a document.
In the United States, state-issued documents are generally apostilled by the appropriate authority in the state where the document originated—often the Secretary of State. Documents issued by a federal agency may require an apostille from the U.S. Department of State.
An apostille does not certify that the information contained in the document is true. Instead, it verifies the authenticity of the official signature or seal so the document can be presented in another country.
When Is an Apostille Needed?
An apostille may be required when a U.S. document will be used in a country that participates in the 1961 Hague Apostille Convention.
Common examples include:
- Birth, death, and marriage certificates
- Divorce decrees
- Powers of attorney
- Estate-planning documents
- Adoption documents
- Diplomas and academic transcripts
- Corporate and business records
- Affidavits and sworn statements
- Authorization documents
- Single-status or eligibility-to-marry documents
- Background checks and certain government records
The receiving organization or foreign authority should tell you whether an apostille is required. Requirements can vary by country and by the intended use of the document.
Is an Apostille the Same as a Notarization?
No. Notarization and apostille authentication are separate steps.
A notary verifies identity, witnesses the signing when required, administers an oath or affirmation when appropriate, and completes the proper notarial certificate.
An apostille is issued afterward by the appropriate government authority. It authenticates the signature and official capacity of the notary or other public official whose signature appears on the document.
Some privately prepared documents must first be properly notarized before they can be submitted for an apostille. Other documents—such as birth certificates, marriage certificates, or court records—usually require an official certified copy from the agency that maintains the record.
Do not notarize an original certified public record unless the receiving authority specifically instructs you to do so. Altering or improperly notarizing an official record may make it unacceptable.
Apostille or Authentication Certificate?
The destination country determines which type of authentication is needed.
If the document will be used in a country participating in the Hague Apostille Convention, an apostille is generally used.
If the destination country does not participate in the Convention, the document may require a certificate of authentication and possibly additional legalization through an embassy or consulate.
This is why the destination country must be identified before the process begins.
Which State Handles the Apostille?
The proper issuing authority is generally determined by where the document was issued or notarized—not where the person currently lives.
For example:
- A Nevada-notarized document is generally submitted to the Nevada Secretary of State.
- A California vital record is generally handled through the appropriate California process.
- A federal document may need to be submitted to the U.S. Department of State.
A document cannot normally be sent to whichever state is most convenient. The receiving authority must be able to verify the signature or seal appearing on it.
How the Apostille Process Generally Works
Although individual requirements vary, the process usually involves the following steps:
- Identify the destination country.
Determine where the document will be presented and whether that country accepts apostilles. - Confirm what the receiving organization requires.
Ask whether it needs an original, certified copy, notarized document, translation, apostille, or additional authentication. - Obtain the correct document.
Public records may need to be ordered as certified copies from the issuing agency. Privately prepared documents may require notarization. - Complete any required notarization.
If notarization is required, make sure the notarial certificate is complete and appropriate for the document. - Submit the document to the proper authority.
Include the required application, destination country, payment, return instructions, and shipping materials. - Allow time for processing and delivery.
Standard and expedited processing options may be available, but incomplete or improperly prepared documents can still cause delays.
Can Remote Online Notarization Be Used?
In some situations, a document can be notarized through a legally authorized remote online notarization platform before being submitted for an apostille.
Remote online notarization allows the signer and notary to meet through secure audio-video technology. Identity verification, the notarial act, and the electronic notarial certificate are completed online.
However, whether remote notarization is appropriate depends on the document, the state whose notary will perform the notarization, the apostille authority’s requirements, and whether the receiving country or organization will accept the resulting document.
Confirm those requirements before scheduling the notarization.
Avoiding Common Apostille Delays
Many apostille problems begin before the document reaches the government office. Common causes of delay include:
- Submitting the wrong type of document
- Using a photocopy when a certified copy is required
- Sending the request to the wrong state or agency
- Failing to identify the destination country
- Missing or incomplete notarial wording
- An incorrect signer name or signature
- Improperly notarizing a vital record
- Missing payment or return-shipping information
- Assuming that every foreign country follows the same process
A brief review at the beginning can prevent the document from being returned unprocessed.
How Online Notary Anywhere Can Help
Online Notary Anywhere provides secure remote online notarization and apostille coordination for eligible documents.
We can help you:
- Determine whether your document may require notarization before apostille processing
- Arrange a secure remote notarization when appropriate
- Review the general submission requirements
- Coordinate apostille processing and document return
- Provide a secure method for transmitting sensitive documents
Because requirements vary, we begin by reviewing the document type, the state of origin, the destination country, and any instructions supplied by the receiving organization.
Start With the Right Information
Before contacting us, gather:
- The document requiring authentication
- The state or federal agency that issued it
- The country where it will be used
- Any instructions from the receiving organization
- Your required completion date
- Whether a translation is needed
Starting with accurate information is the best way to keep the process moving.
Need help with notarization or apostille coordination?
Contact Online Notary Anywhere to discuss your document and the country where it will be used.
Online Notary Anywhere
702-330-3300
in**@******************re.com
www.onlinenotaryanywhere.com
Online Notary Anywhere is not a law firm and does not provide legal advice. Apostille and authentication requirements vary by document, issuing authority, destination country, and intended use. Confirm final acceptance requirements with the organization receiving the document.
