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“Apostilles ” and “Notary”—How Are They Related?

 

Often, when a signed document is destined for use in another country, signatures made on the document by certain officials must be “authenticated” so that the official acts tied to those signatures are recognized in the receiving country.

Signature authentication answers the questions, “Is this signature genuinely that person’s, and on the date of the signature was that person duly authorized to sign in the official capacity they claim to hold?”

To simplify the otherwise cumbersome authentication process, many countries across the globe are participants in an international treaty called the Apostille Convention. The United States is a signatory to, and therefore a participant in, the Apostille Convention.

In countries that have signed the Apostille Convention, signature authentications are streamlined to a single formality: issuance of a certificate called an “Apostille,” by a person designated to issue them in the country where the signature was made, and acting in an official capacity prescribed under the Apostille Convention.

So, how are “Apostilles” and “Notary” related? U.S. Notaries are among those whose official signature—which appears on every notarial certificate completed by a Notary—is subject to authentication under the Apostille Convention.

U.S Notaries’ signatures are authenticated by the government official who issues notarial commissions in the state where the Notary is commissioned. In many states, the government official who commissions Notaries is the Secretary of State. In some states, Notary signatures are authenticated by county clerks, or other state-elected officials such as the Lieutenant Governor.

Generally, a Notary is not responsible for obtaining an Apostille with respect to the Notary’s own signature—the holder of the document that was notarized performs that task.

For information on obtaining an Apostille (or “authentication” if the document is going to a country that is not a participant in the Apostille Convention), document holders may visit the website of the public official who commissions Notaries in the state where the officiating Notary holds a commission.

Category: Notary Blog