Authentication

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Document Authentication: Ensuring International Validity of Notarized Documents

When a notarized document needs to be used outside the United States, it usually needs to be authenticated by the Secretary of State before the foreign country will accept it. This process verifies that the notary who signed the document was actually commissioned and authorized at the time of notarization.

There are two types of authentication: apostilles and certifications. Which one you need depends entirely on where the document is going.

Apostilles

An apostille is a standardized certificate used for documents going to countries that are members of the Hague Convention of 1961. The Hague Convention created a simplified system so countries could recognize each other’s public documents without additional diplomatic verification. Over 120 countries are members, including most of Europe, South America, and parts of Asia.

The apostille certifies three things: the authenticity of the signature on the document, the capacity in which the person signed, and the identity of any seal or stamp. Once attached, no further authentication is needed. The document is ready for use in the destination country.

Certifications

Documents going to countries that are not members of the Hague Convention need a certification instead. This is a longer process. The Secretary of State certifies the document, then it may need to go to the U.S. Department of State, and finally to the consulate or embassy of the destination country. Each step adds time and fees.

Common non-member countries include China, Canada, and many Middle Eastern nations. If you are not sure whether the destination country is a member, check the Hague Convention status table before submitting documents.

How to Get an Apostille in California

The California Secretary of State handles apostilles. You can submit documents by mail or in person at their Sacramento or Los Angeles offices. The fee is $20 per apostille. In-person requests can often be completed the same day. Mail requests typically take 2 to 3 weeks.

The document must already be notarized before you submit it. The SOS verifies the notary’s commission and attaches the apostille. They do not notarize documents for you.

What Notaries Need to Know

Your job as a notary is to perform the notarization correctly. You are not responsible for determining whether the client needs an apostille or certification, or for knowing the specific requirements of the destination country. The client handles that.

That said, clients will often ask you questions about authentication because they do not know the process. It helps to understand the basics so you can point them in the right direction. Tell them to contact the Secretary of State’s office or check the destination country’s embassy website for requirements.

In some cases, the client may need proof of your appointment as a notary. This can be obtained from the Secretary of State. Let clients know this is available if they ask.

Common Mistakes

The most frequent problem is getting the wrong type of authentication. Submitting a document for a certification when the country accepts apostilles (or vice versa) wastes time and money. Always confirm the destination country’s status before submitting.

The other common issue is incomplete documentation. If the notarization is missing information, the SOS will reject the authentication request. Make sure every notarial certificate is fully completed before the client submits it for authentication.

Frequently Asked Questions

What is an apostille?

A certificate issued by the California Secretary of State that authenticates a notary’s signature for use in countries that are members of the Hague Convention.

How do I get an apostille in California?

Submit your notarized document to the California Secretary of State’s office with a $20 fee per apostille. You can do this by mail or in person at their Sacramento or Los Angeles offices.

What is the difference between an apostille and authentication?

An apostille is used for countries in the Hague Convention. Authentication is used for non-member countries and requires additional steps through the US Department of State and the foreign embassy.

Can a notary issue an apostille?

No. Only the California Secretary of State can issue apostilles. The notary’s role is to notarize the document first, then the signer submits it to the SOS.

How long does it take to get an apostille?

Processing times vary. In-person requests at the SOS office can often be completed same day. Mail requests typically take 2 to 3 weeks.