Determining Whether Notarization is Required for a Document Needing an Apostille: A Guide for Notaries
As a notary public offering apostille services, one of the key steps is determining whether a document requires notarization before it can be apostilled. The apostille process differs based on the type of document, its origin, and sometimes even the issuing authority. This guide will walk you through the factors you need to consider to determine whether notarization is required for various types of documents, including federal documents.
What is the Role of Notarization in the Apostille Process?
Notarization is often a prerequisite for an apostille. It serves as the first level of verification, where a notary public confirms the identity of the signer and the authenticity of the signature. However, not all documents require notarization before obtaining an apostille. Some documents, especially government-issued or federal documents, follow a different path. Understanding when notarization is necessary can help you streamline the process for your clients.
Step-by-Step Guide to Determining Whether Notarization is Required
1. Identify the Type of Document
The type of document is the first indicator of whether notarization is required. Generally, documents fall into three categories: public documents, personal/private documents, and business documents.
- Public Documents: Official documents issued by government agencies usually do not require notarization before being apostilled. Examples include:Since these documents are issued by an official authority, they go directly to the state or federal office for apostille, bypassing notarization.
- Birth certificates
- Death certificates
- Marriage certificates
- Divorce decrees
- Court orders
- School transcripts or diplomas (from public institutions)
- Personal or Private Documents: These documents typically require notarization before an apostille can be obtained. Examples include:For these types of documents, the notary verifies the signature of the person signing the document. Only after notarization can the document proceed for apostille.
- Affidavits
- Power of attorney
- Permission or consent letters
- Private legal contracts
- Business or Corporate Documents: Like personal documents, most business documents need notarization. Examples include:Notarization is required to authenticate the signatures of authorized business representatives before the apostille process.
- Articles of incorporation
- Bylaws
- Board resolutions
- Commercial contracts
2. Check for Originality or Certified Copies
For many public records, particularly those issued by government agencies, notarization is not needed for originals or certified copies. However, uncertified copies will require notarization before an apostille is issued.
For example:
- Original or certified copies of birth, death, or marriage certificates do not need notarization.
- Uncertified photocopies of such records must be notarized as a true copy before they can be apostilled.
3. Understand Federal Documents
Federal documents follow a separate path from state-issued or local documents, and their notarization requirements can differ significantly.
- Federal documents do not usually require notarization because they are issued by federal government agencies and require special authentication from the U.S. Department of State.
Examples of federal documents include:
- FBI Background Checks: These do not require notarization. However, they must be authenticated by the U.S. Department of Justice (DOJ) before being submitted to the U.S. Department of State for an apostille.
- Documents Issued by the U.S. Department of State: Like birth certificates issued for U.S. citizens born abroad or consular reports, these documents are processed directly by the Department of State without notarization.
- Naturalization or Citizenship Documents: These are handled by U.S. Citizenship and Immigration Services (USCIS) and usually require no notarization but must be authenticated through the appropriate federal channels.
When dealing with federal documents, notarization is typically not part of the process, but it is essential to know that they must follow a specific federal apostille process. If you encounter a federal document, always direct it to the correct federal agency for authentication.
4. Verify with the Issuing Authority
If you're unsure whether a document requires notarization, it’s best to consult the issuing authority. For public records, such as birth or death certificates, contact the relevant government agency to confirm whether the document needs to be notarized. For business or personal documents, you can refer to the company's or individual’s legal team or check your state’s Secretary of State website for additional guidelines on apostille and notarization requirements.
5. State-Specific Guidelines
Each state may have its own regulations regarding notarization before an apostille can be issued. For instance:
- California does not require notarization for most public records, such as birth or marriage certificates, which can go directly to the state for apostille.
- New York may require notarized documents to be certified by the county clerk before submitting them for an apostille.
Check your state’s guidelines to ensure compliance with local laws regarding notarization and apostille services.
Common Document Types and Their Notarization Requirements
Document TypeNotarization Needed?Birth Certificates (Original/Certified Copy)NoDeath Certificates (Original/Certified Copy)NoMarriage Certificates (Original/Certified Copy)NoCourt Orders or JudgmentsNoAffidavitsYesPower of AttorneyYesContracts or Business AgreementsYesFBI Background ChecksNoFederal Government DocumentsNo (Requires federal authentication)
6. Consider the Destination Country
While the destination country does not directly affect the need for notarization, it’s essential to understand that the type of document and the apostille requirements may differ slightly based on the receiving country. For example, documents heading to a Hague Convention country (which recognizes apostilles) will follow a more straightforward process. However, non-Hague Convention countries may require further legalizations, beyond the apostille, which could involve additional steps but generally does not affect the need for notarization at the initial stage.