Certification, Authentication, Apostille, and Legalization
Three different acts
A notary certificate proves the notary’s act. Authentication is a higher-level official confirmation of the notary’s signature and seal. An apostille is a simplified authentication issued under the Hague Apostille Convention for use between member states; legalization is the consular chain used for non-member states.
Apostille versus legalization
The competent authority-not the notary-issues the apostille. The notary’s role is to ensure the underlying certificate is complete and the document correctly signed. The apostille certifies the signature and seal, not the truth of the document’s contents. For non-Hague destinations, the document may need intermediate certification and then consular legalization.
Worked example
A client needs a power of attorney for a Hague Convention country. The notary properly acknowledges the signature. The client then asks the notary to “apostille” it. The notary explains that only the designated competent authority can issue the apostille. The notary provides a correctly sealed certificate, and the client submits it to that authority.
Traps
Thinking an apostille validates content; sending a Hague-bound document through consular legalization; notarizing a copy of a birth certificate instead of obtaining a certified copy from the registrar; and using an expired notary commission on the certificate.