DIFFERENCE BETWEEN NOTARY & APOSTILLE OF THE DOCUMENTS

ALL ABOUT NOTARY & APOSTILLEPOINTS OF DIFFERENCE:

If the applicant resides in another country being a Foreign National then also documents are not required to be apostille. It would be sufficient if the same are attested by professional.

DIFFERENCE BETWEEN NOTARY & APOSTILLE OF THE DOCUMENTS

Dear All,

We used to face issues whenever client asks whether the related document needs to be notarised or apostille? 

Whether only notary will be suffice or needs to the apostille?

Here we came up with detail and difference among the two terms:

1. NOTARY

Notary Public:  A person authorized to perform certain legal formalities, especially to draw up or certify contracts, deeds, and other documents for use in other jurisdictions. 

Notary is important because they give documents legal weight. Notaries are commonly involved in the creation of wills, trusts, deeds and powers of attorney. 

Each state sets its own requirements for becoming a notary (authorisation), though most involve passing a test and having no serious criminal history. Some require the purchase of a surety bond etc.

2. APOSTILLE

The Hague Apostille (or simply called endorsement, also in French Apostille means certify, authenticate or complete.)

It aims to simplify the legalization of documents to verify their authenticity, in order to be valid internationally, making unnecessary diplomatic or consular legalization or other certifications. (Source: Google)

Click here for details of COUNTRIES UNDER HAGUE CONFERENCE

·         A document is notarized by a notary, a state official.  The purpose is to prevent fraud by the document signer.  The notary verifies ID of the signer.

·         Notaries are regulated by a regulator, such as the Secretary of State, Attorney General or Governor's Office.  An apostille is a certificate attached by the notary regulator that authenticates the notary stamp and signature.  The purpose is to prevent fraud by someone using a fake notary stamp or signature.

·         Countries that have signed the Hague Treaty have agreed to accept an apostille certificate as evidence of notary authentication.  Other countries use a Certificate of Magistracy and require documents to also be approved by an embassy or consulate for authentication, which is a slower process.

·         Notarization is always included in the Apostille, as it is a main requirement for obtaining the Apostille. A notary must witness the translator's signature on the translation and the document being translated is submitted along with the notarized translation for authentication.

·         Apostilles are used whenever public documents need to be produced abroad. This may occur in a multitude of cross-border situations: international marriages, international relocation, applications for studies, residency or citizenship in a foreign State, inter-country adoption procedures, international business transactions and foreign investment procedures, enforcement of intellectual property rights abroad, foreign legal proceedings, etc.

PRACTICAL ASPECTS/ DISTINGUISH VIEWS AMONG PROFESSIONALS:

1.    It is assumed that if the documents from the another country are in English Language then only Notary will be suffice

2.    If the language of the documents are other than English or of native country, then documents must be apostille.

3.    If documents relates to the Country other then listed in above conference, then those must be consulate.

(Other views solicited on the above 3 Points, kindly quote your comments)

Professionals may ping if they want to get the documents apostille from the Home Country/embassy.

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Ravi Garg                                    

Company Secretary                    

91-7838204665,

csravi2014@gmail.com