Apostilles, Authentications, and Ethics
Apostille versus authentication
An apostille is used for documents going to countries that are parties to the Hague Apostille Convention. A chain authentication or certificate is used for non-Hague countries. In Mississippi, the Secretary of State issues apostilles and authentications for documents that originate in Mississippi and are properly notarized or certified by a Mississippi official. Federal documents go to the U.S. Department of State, not the Mississippi Secretary of State.
What the notary must get right
The notary's certificate must be complete and the seal must be legible before the Secretary of State will authenticate. The applicant normally submits the original document, not a photocopy, with the required fee and request form. The apostille certifies the signature and seal, not the truth of the document's contents.
Ethics and scope
A notary is an impartial public officer, not a legal adviser. The notary must not explain the legal effect of a document, choose a form for a party, or draft legal language unless separately authorized to practice law. The notary must not perform a notarial act without required appearance, identification, or authority, and must not use the seal for personal advantage.
Worked example
A Mississippi notary notarizes a power of attorney for use in Spain. The client asks the notary to "send it to Washington for the apostille." Reasoning: Spain is a Hague Convention country, so an apostille is the right document, but the Mississippi Secretary of State issues it because the notary is Mississippi. Sending it to the U.S. Department of State would be wrong for a state-notarized document.
Traps
- Requesting an apostille for a photocopy.
- Sending a Mississippi notarization to the federal government for apostille.
- Confusing apostille with authentication for non-Hague states.
- Giving legal advice about the document's effect.