The Missing Journal Entry and the Apostille Request
Notary P notarized, eighteen months ago, a copy of a client's university diploma and a corporate resolution. The client now needs both documents for a transaction in Germany. The client asks P to 'issue the apostille' and to 'certify that the diploma is genuine.' P's journal entry for the diploma lacks the signer's address and ID number; the resolution entry has the signer's signature but no date. P's commission expired two months ago and was renewed last week. The client offers an extra $150 to 'backdate the journal to match the diploma' and to staple the apostille to the diploma so it cannot be separated. P's state requires a journal for each notarial act and permits certified copies of journal entries under specified conditions.
1. Can P issue the apostille or certify the diploma as genuine? Explain the roles.
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No to both requests. An apostille is issued by a competent authority designated by a state party to the Hague Apostille Convention-typically the secretary of state or foreign ministry-not by the notary. The notary's role is to perform the notarial act and, where permitted, certify that a copy conforms to an original. A notary cannot certify that a university diploma is genuine; that would require the issuing institution or a verification service.
P's commission lapse matters. P cannot perform new notarial acts while expired, but acts performed before expiration remain valid. The request to staple the apostille to the diploma is also misplaced. The apostille attaches to the notarial certificate or the public document, and the competent authority controls attachment.
P should explain the chain: notarization, then state authentication or apostille, then use in Germany. Germany is a Hague Convention country, so an apostille is the usual path, but the German recipient may require translation or specific wording.
2. How should P handle the incomplete journal entries and the backdating request?
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Never backdate. A journal is a contemporaneous record. False entries undermine its evidentiary value and can support discipline. P must not invent an ID number or address.
For the missing information, P should make a dated supplemental or marginal correction that states what is missing, when the omission was discovered, and what P can verify from independent records. The correction should be transparent and should not alter the original entry. If the original entry lacks required elements, P should disclose that to the client and, if asked, to the requesting authority.
The $150 offer should be refused. Depending on state rules, P may issue a certified copy of the journal entry as it exists, but not an altered version. If P cannot reconstruct the record, the client may need a new notarial act or other proof. P should also check whether the resolution entry's missing date can be corrected the same way; if not, the client may need a new acknowledgment.
3. What can P properly provide to the client for use in Germany?
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P can properly:
- perform a new notarial act if the client appears and signs a new certificate;
- issue a certified copy of the notarial certificate or journal entry if state rules permit;
- direct the client to the state apostille office with the original notarized document;
- explain that the apostille must come from the competent authority, not from P.
If the underlying document is a copy, P can certify the copy only if P actually compares it to the original. P should not promise that an apostille will cure a defective journal entry. The client should keep the apostille attached to the notarial certificate, not to the diploma itself, and should confirm whether the German recipient requires a translation or a specific certificate wording. P should also check whether the client needs legalization rather than an apostille; for Germany, an apostille is ordinarily correct, but the receiving office's requirements control.