Many clients come to a Notary Public knowing that their document needs to be ‘notarised’, but are less clear about what happens next. For documents intended for use in another country, notarisation is often only the first step. Depending on the destination country, the notarised document may also need to be apostilled or legalised before it will be accepted by foreign authorities, courts, or institutions.
Understanding this process (and the difference between apostille and consular legalisation) can save a great deal of time and avoid unnecessary frustration. This article sets out how the process works and what clients can expect.
Why Is Further Certification Needed?
When a document originates in England and Wales and is intended for use abroad, the foreign authority receiving it has no way of independently verifying the authenticity of the notary’s signature or seal. Legalisation is the process by which that authentication is provided at a governmental level, bridging the gap between the legal systems of two countries and giving the receiving authority the assurance it needs to accept the document.
The Hague Apostille Convention
The simplest form of legalisation available for international documents is the Apostille. This is a certificate issued under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents 1961, universally known as the Hague Apostille Convention.
The Convention was designed to streamline the authentication of documents used between member countries by replacing the cumbersome process of diplomatic legalisation with a single standardised certificate: the Apostille. The United Kingdom was one of the first countries to sign the Convention, and today more than 125 countries are members, encompassing most of Europe, the Americas, and much of the rest of the world.
For documents destined for a Hague Convention member country, the Apostille is all that is required after notarisation. No further embassy or diplomatic authentication is needed.
Who Issues the Apostille in the UK?
In the United Kingdom, the only body authorised to issue an Apostille is the Foreign, Commonwealth and Development Office (FCDO), through its Legalisation Office based at Hanslope Park in Milton Keynes. The FCDO Apostille authenticates the signature and seal of the Notary, confirming to the receiving authority abroad that the notary is a genuine and properly appointed officer.
It is important to note that the Apostille does not validate the content of the document itself. It certifies the authenticity of the notary’s act, confirming that the seal and signature are genuine and that the notary is duly authorised to perform notarial acts.
The Step-by-Step Process
For a typical document requiring both notarisation and an Apostille, the process works as follows:
- The client brings their document to me for notarisation. I verify the client’s identity, witness any required signatures, and attach my notarial certificate, seal, and signature.
- The notarised document is then submitted to the FCDO Legalisation Office. This can be done directly by the client by post, or I can arrange submission on the client’s behalf as a registered agent.
- The FCDO checks the notary’s signature and seal against its records, then attaches the Apostille certificate to the document.
- The completed, apostilled document is returned and is ready for use in the destination country.
Timescales and Costs
The FCDO charges £45 per document for the Apostille. Standard processing directly with the FCDO takes approximately 15 to 20 working days by post. Where time is short, agents registered with the FCDO can often expedite the process, with turnaround times of one to five working days available in many cases.
It is worth noting that since December 2023 the FCDO no longer offers a counter service to the general public, so postal or agent submission is now the only route. I can advise on the most appropriate approach for your particular timescale and requirements.
The Electronic Apostille
The FCDO now issues electronic Apostilles (e-Apostilles) for an increasing range of documents, including electronically notarised documents. An e-Apostille is a digital certificate that can be verified online, offering a faster and paperless alternative to the traditional paper Apostille. Many countries now accept e-Apostilles, though it is always advisable to confirm acceptance with the receiving authority before choosing this route.
What About Countries Outside the Hague Convention?
For documents destined for countries that are not members of the Hague Convention, a different process applies: consular legalisation. This is a more involved procedure in which the document, having been notarised, must be submitted to the embassy or consulate in London of the destination country, which then applies its own authentication.
Some countries that are Hague Convention members nonetheless require additional embassy authentication for certain types of document. Requirements vary considerably, and I always recommend confirming the precise requirements with the receiving authority or the relevant embassy before instructing a notary, to ensure the document is prepared correctly from the outset.
Documents Commonly Requiring an Apostille
Among the documents most frequently submitted for an Apostille after notarisation are:
- Powers of attorney for use in property transactions abroad
- Certified copies of identity documents for foreign banks or institutions
- Birth, marriage, and death certificates (where certified copies have been notarised)
- Academic qualifications and professional certificates
- Company incorporation documents and board resolutions
- Statutory declarations and affidavits
- Documents for use in foreign court proceedings
How I Can Help
Navigating the notarisation, apostille, and legalisation process can seem complex, particularly when the requirements of the destination country are unclear. As a Notary Public, I can advise you on the full process from start to finish: notarising your document, confirming whether an Apostille is required and for which country, submitting the document to the FCDO where appropriate, and arranging any further legalisation that may be needed.
If you have a document that needs to be used abroad, or if you are unsure what is required, please do get in touch for an initial discussion.
Malcolm Gregory · Notary Public
Email: malcolmgregory@publicnotary.me.uk
Website: www.publicnotary.me.uk