Difference Between Apostille and Notary

The main difference between Apostille and Notary is that an Apostille certifies the authenticity of the document for international use under the Hague Convention, while a Notary verifies the identity of the signatories and witnesses documents for local legal processes.

What is Apostille and What is Notary?

Apostille

An Apostille is a form of certification that verifies the authenticity of public documents to be used internationally, specifically in countries that are members of the Hague Convention. It ensures that documents issued in one country will be recognized in another, making it particularly useful for court documents, educational diplomas, and birth certificates. Obtaining an Apostille involves submitting the document to a designated government authority who will then authenticate it with an official stamp or sticker.

Notary

A Notary, also known as a Notary Public, is a person authorized by the government to serve as an impartial witness during the signing of important documents. The Notary verifies the identity of the signatories, ensures that they are signing voluntarily, and witnessing the signatures. Notarized documents are commonly used in local matters such as real estate transactions, affidavits, and powers of attorney. The role of a Notary aims to prevent fraud and ensure the legal integrity of the documents being signed.

Key Differences Between Apostille and Notary

1. Purpose: Apostille certifications are meant for international use, while notarizations are primarily for local or national legal purposes.
2. Authority: Apostilles are issued by a designated government body, typically the Secretary of State or similar authority. Notarizations are performed by individual Notaries Public.
3. Process: To obtain an Apostille, you often need to submit the document to a state or national government office. For a notarization, you visit a Notary Public who verifies the document on the spot.
4. Recognition: Apostilles are recognized in all countries that are members of the Hague Convention. Notarized documents have legal validity only within the jurisdiction of the Notary.
5. Document Type: Apostilles are commonly used for public documents like court papers and educational diplomas. Notaries handle a wide range of documents including contracts and affidavits.
6. Verification: Apostille includes authentication of the issuing authority’s seal and signature. Notaries verify the identity of the signatories.
7. Detail: Apostille often includes elaborate stickers or stamps on the document. Notarial stamps are usually simpler and include the Notary’s seal and signature.
8. Cost: The cost for obtaining an Apostille might be higher due to government processing fees. Notarization fees are generally lower and regulated by local laws.
9. Type of Law: Apostille operates under international law via the Hague Convention. Notarization operates under local or national laws within specific jurisdictions.

Key Similarities Between Apostille and Notary

1. Authenticity: Both serve to verify the authenticity of important documents, adding a layer of credibility.
2. Government Role: Both involve an authorized government role, whether it’s a Notary Public or a government office issuing an Apostille.
3. Prevention of Fraud: Both systems aim to prevent fraud and ensure the documents are legitimate.
4. Legal Acceptance: Both are accepted as valid proofs of document authenticity within their respective scopes (local for notary, international for Apostille).
5. Document Handling: Both processes require the original document to be submitted for verification.
6. Public Confidence: Both provide public confidence in the document’s legitimacy, whether locally or internationally.
7. Signatures: Both involve verifying the signatures on the documents, whether it’s the signatory’s identity (Notary) or the issuing authority’s (Apostille).

Features of Apostille vs Features of Notary

1. Legality: Apostille confirms that a document is valid for use in another country. Notarization ensures that a document is legally accepted within a local jurisdiction.
2. Issuing Authority: An Apostille is obtained from a designated government authority. A Notary Public, who is an individual authorized by the state, performs notarization.
3. Document Types: Apostilles are issued for public documents like birth certificates and court orders. Notaries handle a variety of documents, from real estate agreements to powers of attorney.
4. Authentication Scope: Apostille certifies the authenticity of the origin of documents for international legitimacy. Notarization assures the document is accurately signed and witnessed for local legal purposes.
5. Cost and Fees: Obtaining an Apostille can be relatively costly due to state or national fees. Notary services tend to be more affordable with fees regulated by local governing bodies.
6. Process Duration: Apostille processing can take several days or weeks depending on the country’s regulations. Notarization is usually a quicker process, often completed the same day.
7. Security Measures: Apostille adds a layer of security through distinctive stamps or stickers which can be recognized internationally. Notary involves security through identity verification of signatories and placement of a Notary’s seal.
8. Recognition Scope: Apostilles are acknowledged by countries that are part of the Hague Convention, while notarized documents are generally valid within the notary’s jurisdiction.