Apostille vs Notary: What’s the Difference and When Do You Need Them?
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If you’ve ever needed to authenticate a document for international use, you might have come across the terms apostille and notary public.
While both services validate documents, they serve different purposes and are often required in different legal contexts.
Understanding the differences between an apostille or notary is essential, especially if you need to submit documents abroad.
In this guide, we’ll explain what apostille and notary services are, when you need them, and how to get them in the UK.
What is a Notary Public?
A notary public is a legally authorised professional who verifies and certifies documents, signatures, and declarations.
The role of a notary public is to confirm the authenticity of documents, ensuring that they are properly signed, witnessed, and valid under UK law.
Notarial acts are often required for:
- Power of Attorney documents
- Affidavits and Statutory Declarations
- Contracts and business agreements
- Educational certificates to Certify Degree
- Certified copies of passports and ID documents
The notary public places the seal of the notary and signature on the document, confirming that the document is authentic and produces a notarised document.
However, notarisation alone may not be enough if the document is to be used in a foreign country.
What is an Apostille?
An apostille is an official certification added to a document to confirm its authenticity for international use.
It is issued under the Hague Apostille Convention, which simplifies the process of verifying foreign public documents across member countries. The Foreign, Commonwealth and Development Office (FCDO) is the UK Government Department responsible for issuing apostille certificates in the United Kingdom.
An apostille stamp is often required for official documents:
- Notarial Certificates
- Vital records such as Official Certificates like – Birth Certificates, marriage Certificates, and Death Certificates
- Copies of documents like Academic qualifications and transcripts which must be certified as true copy of the original by notaries public
- Court orders and other legal documents
- Companies House and corporate documents
- Powers of Attorney
So when do you need a Notary Public?
You need a notary public if:
- You are signing a legal document that must be verified (e.g., Power of Attorney, business contracts, or sworn declarations). The notary will verify the signature and identity of the signer.
- You need a certified true copy of the original document for official purposes. See our pages Passport notarised copy and Certify Degree for more details.
- You need to submit legal documents to an organisation that requires a notary’s signature and seal.
When Do You Need an Apostille?
The bottom line is, you need an apostille certificate if the person you are dealing with overseas says you do.
And wisdom is you should ask them do they need it. Sometimes they do, sometimes they don’t. A good rule of thumb is, that if it is going to a foreign country that is a member of the Hague Apostille Convention and it is going to be lodged with a public official body, like a Land Registry, Court or Companies Registry, then it will need an Apostille. Likewise if it is some sort of civil registrar you are dealing with by lodging say a death certificate, birth certificate, or other public documents, then it will probably need an Apostille.
The Apostille Process in the UK
Step 1: Notarisation (If Required)
If your document needs to be notarised, visit a notary public who will review the document, verify its authenticity, and apply their official seal and signature.
Step 2: Apostille Certification
If the document needs an apostille, you must submit it to the Legalisation Office at the Foreign, Commonwealth and Development Office (FCDO). This can be done via post or through an Apostille Service provider.
Step 3: Submission to the Destination Country
Once the apostille certificate is issued, the document is ready for submission to the foreign country where it is required.
What if a country is not part of the Hague Convention?
‘Consulate Legalisation’
If the country is not part of the Hauge Convention, you may need to submit it to a Consulate. This process is called ‘consulate legalisation’ or ‘consular legalisation’.
A consular officer will check the authenticity of the issue Apostille. And then put a consular stamp on the document confirming that it is authentic.
You can visit our Country Guide for more information on this.
FAQs About Apostille or Notary Services in the UK
Do I always need both a notary and an apostille?
No. Some documents only require a notary public to verify signatures, while others need an apostille to be accepted internationally. In some cases, a document must be notarised first before an apostille is applied.
What countries require an apostille?
Countries that are part of the Hague Apostille Convention accept apostilled documents without further legalisation. Countries outside the Hague Convention may require additional authentication steps through the embassy of the destination country.
How long does it take to get an apostille in the UK?
Standard processing through the FCDO takes around 5-10 working days. Expedited services may be available through an Apostille Service provider.
What documents cannot be apostilled?
Private documents such as letters, personal contracts, and handwritten statements cannot be apostilled unless they have been notarised or certified by a recognised public authority.
Understanding the difference between an apostille or notary is crucial for ensuring your documents are properly authenticated.
If you’re dealing with legal documents, an apostille certificate ensures recognition in a foreign country, while a notary public verifies document authenticity within the UK.
Knowing which service you need can save you time, effort, and unnecessary costs.
For more information about apostille and notary services, consult an authorised notary public or visit GOV.UK to check the latest legalisation requirements.
If you need an Apostille on a guaranteed turnaround time – give us a call on 020 7499 2605 or drop us a line.
