Apostille

What is an apostille?

An apostille is a certificate affixed to the back of a document signed and sealed by a notary public or by a public officer, by which the state where the document was issued certifies that the signature and seal in question really belong to that notary public or public officer. This way, the end user of the document in another country will have the certainty that the document was issued by the person who had the authority to issue it (the notary public or the public officer who has the competence to sign documents of that kind).

Why do I need an apostille?

When you sign a document in England and that document will be used in another country by a local lawyer, notary, court, company, bank or authority, the receiver of the document will want to be sure that you are the one who signed that document, not someone else. This certainty is given to them by the fact that you signed that document in the presence of a notary public, and the notary attested your identity, understanding of the document, willingness to sign and your signature. However, the foreign solicitor, notary, court, company, bank, authority using the document will want to be sure that the signature and seal of the notary are genuine. This is what the apostille is for. Through that apostille, the UK Legalisation Office confirms that the notary has been admitted to the roll of notaries in England, that he has a valid practising certificate, and that the signature and seal on the notarial certificate belong to him.

If your document was not signed by you and did not need notarisation (if it is, for example, your birth or marriage certificate that you want to use abroad, and there was no need for a notary to certify a copy of the certificate), the apostille will certify that the public officer who signed that document was indeed competent to sign it.

What the apostille does not do is to certify that that document was indeed signed by you (this is the job of the notary) or, in the second example, that your birth or marriage certificate is a true copy of an entry in the register in the custody of the registrar (this is the responsibility of that registrar).

Why is it called “the Hague Apostille”?

The process by which one state verifies to another that a document has been signed by a notary public or a public officer is called “legalisation”. This used to involve complicated bureaucracy. To address that, in 1961 a convention was signed in the Hague (in the Netherlands) for the adoption of the apostille as a simplified method of legalisation. This treaty (to which 125 states became members of so far) is legally named “The Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents”. It is commonly known as the “Hague Apostille Convention”. Hence the slightly incorrect expression of “the apostille from The Hague” or “the Hague Apostille”.

Where do I get an apostille in England?

Each country that is party to the Hague Apostille Convention designated a “Competent Authority” entitled to issue the apostilles in that country. In the UK, that authority is the Legalisation Office of the Foreign, Commonwealth & Development Office (FCDO). The Legalisation Office is based in Milton Keynes. They check your document and see if any signatures, stamps or seals match their own records. If they do match, they shall legalise the document by attaching the apostille.

Does the notary have an “apostille stamp” or a “legalisation stamp”? Isn’t the notary the one who legalises documents?

The fact that the apostille is a stamp and that that stamp is in the possession of a notary public is a misunderstanding. The apostille is not a stamp, but a certificate, a piece of paper affixed to the back of a document issued either by a notary public or by a public officer. The apostille is not affixed by notaries themselves, but by the Legalisation Office of the FCDO, as explained above. For this reason, I will not be able to ”stamp your document with my apostille” when you visit me. The document must be mailed to the Legalisation Office and will be returned to you by post in a few days.

Does my document need to be notarised in order to get the apostille?

No, there are documents that can be apostilled without being notarised. Example of such documents: birth, marriage and death certificates, ACRO certificates, Companies House certificates that have a wet ink signature and other documents that are protected by goverment copyright.

Other documents that must be signed in the presence of a notary (powers of attorney, affidavits, declarations) must be notarised, and the apostille will certify the notary’s signature and seal. The same goes for documents that do not need to be signed before a notary, but which need to be certified by the notary, such as a court order which does not have a wet ink signature, or a document downloaded from an online HMRC account or from Companies House.

Do I need your notary services to get the apostille?

No, you can submit the document to the Legalisation Office yourself. However, most of my clients prefer that I deal with getting the apostille, because I am experienced, have a much better understanding of the legalisation process, and through my legalisation agent in Milton Keynes I can offer an emergency apostille service.

How long does it take to obtain an apostille?

The apostille can be obtained within a maximum of five working days from the date of the submission of the legalisation application (and of the document to be legalised) to the Legalisation Office. However, sometimes, during certain busy periods, obtaining the apostille can take several more days or weeks.

If you are in a hurry, I can arrange for an agent (a firm registered for these purposes with the Legalisation Office) to collect the apostilled document the next day after submission. The document will be returned to you on the third working day after being mailed by me to the legalisation agent.

How much does it cost to get an apostille?

The cost of an apostille varies between £40 and £45, depending on the speed of the service. There are also Royal Mail Special Delivery service fees, agent fees (when their involvement is required). My “legalisation only” service fee is £49. The total cost of getting an apostille, if you use my services, is therefore between £107.85 (standard legalisation) and £139.35 (urgent legalisation).

Can I get an apostille in England for documents issued in other countries?

No, you cannot get an apostille from the Legalisation Office for documents issued outside the UK. You must have them legalised in the country where they were issued. When affixing an apostille to a document, the Legalisation Office verify the signature or seal on the document against those they have on record. As they do not have on record signatures and seals belonging to officers of foreign public authorities (such as registrars of births and marriages) or to foreign notaries, the Legalisation Office cannot compare their signatures or seals with anything in their database. Therefore, the apostille must be affixed by the Competent Authority in the country where the document was issued, because that Competent Authority is the only one that can certify that the signature or seal on the document belongs to a public officer.

How do I know what the Competent Authority is in the country where the document was issued?

You can find out what the Competent Authority is in the country where the document was issued by visiting this webpage.

Do I need an apostille on the document if I use it in the UK?

You do not need an apostille if the document is used in the UK. You only need an apostille when the document is used abroad.

Do I need an apostille regardless of which country I will use the document in?

No. Generally, an apostille is not required if the document issued in England will be used in some Commonwealth countries, such as Australia, New Zealand or Canada. An apostille will most likely not be required if the document is used in the USA, but in this case the rules differ from state to state. Other countries, some of which are in the Commonwealth (such as Cameroon or Mozambique), require an apostille. Most countries that are not in the Commonwealth require an apostille.

How do I know whether I need an apostille on my document or not?

You should always ask the intended recipient of your document in the country where it will be used (a public authority, a court of law, a company, a bank, a local notary or your legal adviser) whether an apostille is required or not.

Can the recipient of my document verify the apostille?

An apostille affixed by the FCDO Legalisation Office can be verified online using this service: https://www.verifyapostille.service.gov.uk/.

What if the country where my document is to be used is not a party to the Hague Apostille Convention?

If your document is to be used in a country which is not a member of the Hague Apostille Convention, you must contact the authorities of that country, their Embassy or Consulate in London, the recipient of your document (the local or central public authority, the court of law, the company, bank, local notary or your foreign lawyer) in order to be advised by them as to what your options are.

What is consular legalisation?

If you need to use your document in a country that is not a member of the Hague Apostille Convention, you will need to go through consular legalisation to confirm the notary’s (or public official’s) signature and seal. Sometimes even the documents already legalised by the UK FCDO Legalisation Office (those that have got an apostille) need consular super-legalisation from the embassy or consulate in London of the receiving country. This is the case when documents are used in countries like Qatar, Kuwait, the United Arab Emirates, Thailand, Egypt, Angola or Cuba. I will be able to assist you with the process, if required.