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)
·
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)
