What they are and why they are important
So, in the context of notaries and notarizations, you might have come across the word “apostille” – and wondered just what it means.
Let’s begin with what an apostille is not. An apostille is not a person, and it is not a validation of a document. As a notary, I have occasionally been asked if I am an apostille. Well, since an apostille is not a person, obviously I cannot possibly be one. I have also been asked if I can apostille a document, and the answer is no, because apostilles are issued only by government authorities, which in the United States means state governments or the federal government.
The word “apostille” derives from the French word apostille, which means marginal note or bottom note. The French word, in turn, comes from two Latin words, post and illa, which mean, respectively, after and these words. I know this doesn’t help much in understanding what an apostille actually is, but at least it gets the etymology out of the way.
So now down to the nitty-gritty of exactly what an apostille is in common parlance and usage. When you get a document notarized in a given state in the U.S., its notarization will, as a general rule and by common convention, be accepted as legitimate in all the other 49 states. However, that convention will not necessarily hold true if the document’s requestor is a person or entity based in a foreign country, for example, a foreign bank or governmental organization.
A U.S. notarization on a document which will be sent to a foreign country will often need to be accompanied by an apostille or authentication. The apostille or authentication is in the form of a certificate issued by a competent government authority that validate the seal and signature of a notary on a document so that it can be accepted in a foreign country. After all, the foreign requestor of the document needs to have an assurance that the notary stamp and signature on a document are legal and valid, and not just something made up by a fraudster. That’s where apostilles and authentications come in – they both verify that the notary whose stamp and signature are on the document held a legitimate notary commission at the time he or she notarized the document.
You may be wondering what the difference is between an apostille and an authentication. Apostilles are used by and between countries that are party to The Hague Apostille Convention of 1961. For countries that are not party to that convention, alternative methods of authentication are used, usually authentication certificates or certificates of good standing. Whether using an apostille or one of the alternatives, the issuer in most cases will be the Secretary of State’s office or the notary commissioning office of the notary’s state. In some instances you might need the apostille or authentication to be issued by the U.S. federal government.
Hopefully, you now understand all about apostilles. However, if you do have questions or need an apostille, you can contact me (John) at Main Line Notary.
