Apostille vs Notary: Key Differences, Uses & Requirements

Understanding the difference between a notary and an apostille is very important to legalise your documents in India as well as internationally. Apostilles allow businesses and individuals to verify their documents and ensure the legitimacy of their international proceedings without any delay. The situations in which you need an apostille and a notary are similar, but the main difference is that they are two different types of document certifications.

In this guide, we are going to share insights on understanding the apostille and notary services. We have also mentioned the steps by which you can get your documents notarised or apostilled.

What is an Apostille?

An apostille is a certificate that is used to authenticate a document, and it is used in the proceedings of a foreign country. The authenticity of a document signature and notarial stamps present on the document is guaranteed by an Apostille.

Apostilles are affixed to the original documents, and they make sure that your documents are accepted in all the countries that are members of the Hague Apostille Convention.

Here is the list of all the documents that require an apostille:

• Court documents
• Marriage/divorce certificates
• Birth/death certificates
• School records
• Diplomas/certificates
• Immigration forms

Apostilles are issued either by the U.S. Department of State if federal documents are involved or by the Secretary of State of the State of origin.

What is a Notary?

A Notary Public is an official certified by the state government. It serves as an impartial and third-party witness for the document signings. The main role of the Notary is to verify the identities of all the parties who are signing the document. It also makes sure that they are signing freely and willingly without any pressure from anyone.

Apart from witnessing the document signing physically, the notaries are also responsible for verifying the identities of all the parties that are involved in the signing process. This is generally done by asking the signers to present some kind of state-issued documentation, such as a valid driver's license.

After the signing of a document, the notary will do their own verification and apply an individual seal that represents that the document signatures are legally valid and that they have been carried out according to the local state law.

This process has been made simpler with the help of Remote Online Notarization (RON), as you can easily create, edit, eSign, and notarise documents.

If the notary and signers are not available to meet physically for the process, then they can meet online via a two-way audiovisual connection by using the services of Remote Online Notarization (RON) and complete the notarization.

Main Differences Between Apostille and Notary

The table below outlines the major differences between an Apostille and Notary. 

How to Get Something Apostilled?

You can get a document apostilled by visiting the U.S. Secretary of State or the Department of State. Here are the steps that you can follow to get your documents apostilled:

1. Pay the fee for authentication

To get your documents apostilled, you need to pay a standard fee of $20 (per document). As long as you are following your local state guidelines, you can request an e-apostille in person or online.

2. Notarise your documents in front of a commissioned notary public

To apostille your documents, you need to first get them notarised and sealed according to the local state law. You can do this process by visiting a local notary agent. You can also complete the process online by using the services of Remote Online Notarization (RON) from the comfort of your home.

3. Submit your original document seals and signatures

When you need an e-apostille, you will be required to have an original copy of all your documents, notarised and signed in full. The true certified copies of the documents cannot be apostilled and are not acceptable.

How to Get Something Notarized?

Each state has its own requirements for the notarised document, so you should follow all of them to make it legally enforceable and binding. Online notarization is considered one of the best ways to get your documents notarised, as it allows you to create, edit, and eSign from one place.

Here are the steps that you can follow to notarise your documents:

1. Draft the document

To draft your notary document, you can also consider hiring an attorney. You should make sure that they know all the relevant details about your condition so that they can create a document that precisely addresses your requirements.

There are so many templates available online at no cost, but it would be great to hire an attorney to draft your document, as they can ensure the correct information as per your needs, including the Power of Attorney duration and terms.

2. Find a notary public

You can use any traditional notary services, including walk-in or mobile notary services. Although the best thing is to use Remote Online Notarization (RON), as it provides a fast, convenient, and affordable solution, it allows you to notarise documents from the comfort of your home. You will be required to pay the notary fee online to complete the transaction.

3. Affirm the signer's identity and willingness to sign

At the time of signing the documents, the notary is required to confirm the signer's identity and that they are signing of their own will. The document can only be notarised after these confirmations have been made.

4. Sign the document and get the notarization

After the notary certifies the document, they will put their signature and seal on it and make it legally binding. Although the rules can differ as per the state, the notary needs to track the notarial act in their journal and keep it as a transaction record.

The Hague-Apostille Convention

The Hague Apostille Convention is an international treaty signed between many countries to simplify the process of authenticating documents to use them in foreign countries. It completely replaces the need for the complicated legalisation process and becomes a game-changer for international businesses.

An apostille is required to make the documents legally valid in all the countries that are a part of this convention. The process becomes more straightforward when you are dealing with a member country of the Hague-Apostille Convention.

There can also be some of the challenges, such as:

• Only some of the documents are eligible for an apostille
• Different requirements in the member countries

In case of the countries that are not a part of the Hague-Apostille Convention, the process can become more complicated:

• Longer processing time
• High costs because of the multiple steps
• In most cases, documents need authentication from the foreign affairs ministry of the issuing country.
• In each non-member country, there can be different requirements.
• There may be a need for additional legalisation by the consulate or embassy of the destination country.

The main difference is that an e-apostille provides a single-step, streamlined way of authentication in member countries, while for non-member countries, a multi-step legalisation process is required, and it can be different from one country to another.

Ensuring the validity of documents across borders

While expanding globally, you need to make sure that all of your documents are valid in other foreign countries. To do so, the apostille and notary services come into action. They authenticate your documents and make them legally valid in foreign countries so that governments and businesses can trust them.

For example, if you need to set up a subsidiary in another country, then you may need to prove the legal status of your company in that designated country. An apostille on the incorporation documents can be your proof, and it makes the process easier and faster.

Making International Transactions Easy

Apostille and Notary services are very crucial to make international transactions easy. It helps in avoiding the complications and delays that can occur from document authentication issues.

For example, if you open bank accounts or sign any contracts in other foreign countries, then having accurately authenticated documents can speed up the process significantly. It also shows that you are serious about maintaining compliance, and it helps in building trust with your international partners.

How to Choose Between an Apostille and a Notary?

As a global business executive, it is important to understand when to use the apostille vs notary services for smooth document authentication and signing. This choice can significantly impact the success of your entity setup and global operations.

Learn about the Purpose and Scope, then choose.

While deciding between notary vs apostille services, you must consider the purpose and scope of your authentication document needs:

1. Domestic vs International Use

• Apostille: If you are going to submit the documents to those foreign countries that are a part of the Hague Apostille Convention, then you need an Apostille. This certificate of authentication verifies the origin of a document for its international use.
• Notary: If you are going to use the documents domestically or in countries that are not a part of the Hague Convention, then you can get notarization by a notary public.

2. Type of Document

• Apostille: It is generally used for foreign documents, such as death certificates, birth certificates, court documents, marriage certificates, and educational diplomas.
• Notary: It is generally used for important documents, such as affidavits, contracts, loan documents, and a power of attorney.

3. Legal Requirements

• Apostille: It is required by the Hague Convention countries to verify the authenticity of the seal, signature, or stamp on a public document.
• Notary: It involves a notarial act in which a notary public has to verify the identity of the signer, witness the signature, and apply their notarial seal.

4. Authentication level

• Apostille: It provides a higher level of authentication because it is issued by a designated authority, mostly by the Secretary of State's Office, and it verifies the legitimacy of the document to use it in the other member countries of the Hague Convention.
• Notary: It provides a basic level of authentication because it verifies the identity of the signer and the fact that the signer signed the document of their own will.

5. Cost and Processing Time

• Apostille: It usually takes more time to obtain, and the fees are also higher because it involves additional government processing.
• Notary: It is generally quicker, and the prices are also less because notary services are highly available and it can be completed on the same day.

6. Origin of Document

• Apostille: It is usually required for those documents that originate from public officials or government agencies.
• Notary: It can be used for a wider range of documents, including documents from private businesses or individuals.

When you set up an entity globally or engaging in any international transfer, you may face some situations in which both the apostille and notary services are required.

For Example, some documents need to be notarised first, and then you need to submit them for apostille certification. It usually happens with important business documents such as a power of attorney to articles of incorporation.

 If you consider the purpose and scope of your document authentication needs carefully, then you can make an accurate decision on choosing between notary and apostille services. It will also help you in streamlining your global business operations and avoiding potential rejections in the authentication process of your document.

Final Thoughts

As you have understood that the purpose of apostille vs notary is similar, but in actual practice, they are used in different places. The apostille is used to certify documents internationally in the Hague Apostille Convention, while the notary is used mainly for local/domestic use. The process of obtaining an apostille is different from getting a document notarised.

You can also get professional help by contacting Visament, as we have a team of skilled experts. They can help you with getting your documents notarised or apostilled as per your requirements. Customer assistance is available 24/7 on the platform at a very affordable price.