Life today often involves crossing borders – whether for work, school, or new beginnings. When you’re taking your life or business internationally, paperwork is part of the process. You might hear about needing to “legalize” or “authenticate” your documents in another country.
It might sound complicated, but there’s a system to make things easier: the apostille. If you’re facing this, you’re likely wondering who can apostille a document; and knowing who can issue this important certification is the first step to getting your documents ready for international use.
Learn how to certify a photocopy here!
Who can apostille a document? Who are the “competent authorities?”
So, who can apostille a document? The answer is quite specific: apostilles are exclusively issued by designated “competent authorities.” They are officially recognized entities appointed by each country that is a party to the Hague Apostille Convention.
The “competent authority” often refers to a governmental body. In many nations, this responsibility falls to the Ministry of Foreign Affairs or a similar central government department. These central authorities are tasked with upholding the integrity of the apostille process and ensuring that only legitimate documents receive this internationally recognized form of authentication.
In the United States, the system is slightly decentralized. The competent authority depends on the level of government that issued the document:
- State-level documents: for documents issued at the state level – birth certificates, marriage certificates, divorce decrees issued by state courts, or even notarizations performed by state-commissioned notaries – the competent authority is typically the Secretary of State (or, in some states like Hawaii, the Lieutenant Governor). Each state Secretary of State office has its own procedures and requirements for issuing apostilles on state-level documents;
- Federal documents: for documents issued by U.S. federal agencies, the competent authority is the U.S. Department of State in Washington, D.C. This includes documents like FBI background checks, documents issued by federal courts (like bankruptcy court documents), or documents from U.S. federal agencies.
Clearing up a misconception about apostilles
It’s crucial to understand a very common misconception: notaries public cannot issue apostilles directly. In the United States, and most countries adhering to the Hague Convention, a notary public’s role is distinct and preliminary to the apostille process.
Often, one of the first steps in getting a document apostilled involves having it notarized by a notary public. For example, if you need to apostille a power of attorney (PoA), you would typically first have your signature on the PoA document notarized.
Only then this notarized document is submitted to the relevant competent authority (usually the Secretary of State if the notary is state-commissioned) to obtain the actual apostille. Keep reading to find out more about the apostille of a document.
To make it clear, you can think of the notary’s role as verifying the signature and execution of the document at a local level. The apostille, on the other hand, is the higher-level authentication issued by the government, confirming the legitimacy of the notary’s signature and seal for international recognition.
Keep in mind the apostille is issued by a separate government entity, not the notary themselves.
How do you apostille a document? An overview
Getting an apostille involves a specific process that, while generally straightforward, requires attention to detail. Here are the typical steps:
- Identify the competent authority: first, you must determine the correct competent authority based on the document’s origin. Is it a state-level document requiring a Secretary of State apostille, or a federal document needing authentication by the U.S. Department of State? Incorrectly identifying the authority will lead to delays and rejection of your application;
- Obtain the correct original or certified copy: the competent authority will usually require either the original document or a properly certified copy. For example, for a birth certificate, you’ll typically need a certified copy issued by the vital records office, not just a photocopy of your personal copy. For notarized documents, you’ll submit the original document bearing the notary’s original signature and seal. Always check the specific requirements of the competent authority;
- Complete an application form (if required): some authorities require a specific application form to be submitted along with the document, which is often available for download on the authority’s website. Fill out the form accurately and completely, double-checking everything before submitting;
- Submit the document and application (if applicable): you’ll need to submit your document and application to the competent authority. Some authorities accept applications by mail, while others offer in-person submission. Increasingly, some authorities are moving toward online application and submission processes, but this is not yet universally available;
- Pay the required fee: there are almost always fees associated with obtaining an apostille. The value varies depending on the competent authority and the country, so check the authority’s website for current fee schedules and accepted payment methods;
- Processing time: remember, processing times for apostilles can vary significantly. Depending on the authority’s workload and processing procedures, it can range from a few business days for in-person services to several weeks for mail-in applications. Plan accordingly and factor in potential delays if you have a time-sensitive deadline for your documents;
8 types of documents that usually require apostilles
A wide range of document types can require apostilles, depending on the specific international transaction or purpose. Here are some of the most common:
- Vital records: birth certificates, marriage certificates, and death certificates are frequently needed for immigration, international marriage, and other legal processes abroad;
- Divorce decrees: official divorce decrees are often required for remarriage in another country or for legal proceedings internationally;
- Educational documents: diplomas, transcripts, and other academic credentials often need apostilles when pursuing education or employment opportunities in foreign countries;
- Corporate documents: businesses engaging in international operations often need apostilles for Articles of Incorporation, Certificates of Good Standing, and other company documents to prove their legal status and legitimacy;
- Powers of Attorney: if you need to grant someone legal authority to act on your behalf in another country, a Power of Attorney with an apostille is often required;
- Notarized documents: as mentioned earlier, documents notarized by a notary public are frequently the starting point for obtaining an apostille. This includes affidavits, sworn statements, and various agreements;
- Background checks: FBI Background Checks are often required for immigration, international adoption, and employment abroad, and these federal documents are apostilled by the U.S. Department of State;
- Adoption papers: international adoptions require apostilles on adoption decrees and related paperwork to ensure their legal recognition in the receiving country.
This list is not exhaustive, but it gives you a good idea of the types of documents that commonly require apostilles for international use. Always confirm the specific requirements with the receiving country or organization to ensure you obtain the correct authentication!
Closing thoughts
Understanding who can apostille a document is critical for dealing with international document authentication. To recap, apostilles are issued by designated competent authorities – government agencies, not notaries public directly. Identifying the correct authority, based on whether your document is state or federally issued, is the first step.
While the process is generally standardized, paying close attention to the specific requirements of the competent authority and the receiving country is vital for a successful apostille application.
If you need assistance with notarizing your documents, which is often a prerequisite for obtaining an apostille, Mobile Notary Orlando is here to help.
We offer professional and reliable mobile notary services throughout Orange, Seminole, Osceola, and Brevard counties, ensuring your documents are properly notarized and ready for the next stage of international authentication.
Contact us today to schedule a convenient appointment!
