Why you need an Apostille

We all know what it means to have a document notarized. The notary, a sworn independent officer of the state verifies your signature and identity documents. The notary then proceeds to place the notary stamp and embosser on the document. At this point, your signature has been verified and your document is, after the notary oath, considered notarized. But, there is the reason for an Apostille: considered notarized by whom? If the stamp of the notary is unknown to the receiver of the document, it adds little value. I, Kenneth A Edelstein have notarized thousands of documents. Most are for use in the USA and my notary stamp + raised seal is all that is required for the document to be considered notarized.

It’s a very different case when the document leaves the USA. Foreign officials are not familiar with the notary stamps and seals of American notaries. They certainly would have an especially difficult time if verification of the notary’s commission and status were required. Add the possibility that the document is going to a non-English speaking country; the “good in the USA” notarization would be worthless. It might be viewed as a “tax stamp”. Clearly there is a need for a notarization to be recognized on a global scale. That is exactly the purpose of the Apostille.

The Apostille, a standard document added to a notarization provides a common format, and verbiage, for the global acceptance of notary functions. It’s not just for documents leaving the USA for France. It works both ways: an Apostille bearing document originating in France is accepted in the USA – exactly as if the signature had been notarized in Manhattan. The French government is “on record” as having authenticated the validity of the Parisian notary. There is no need to be able to research – or even read the notarization done in French.

As a New York Mobile Notary Public – I process and obtain Apostilles frequently. There are two formats, loosely referred to by the inclusive term: Apostille. The more common is the true “Apostille” – issued by and for signatory nations of Article 12 of The Hague Convention. This agreement is in place to facilitate the international flow of personal, compared to business documents.  For business documents, a more complex and costly procedure: Embassy / Consulate Legalization is often required. Non-signatory nations receive a “Certification” – often serving the same purpose, but sometimes not. Some non-signatory nations still require Legalization for personal documents such as: Birth Certificates, School Documents, Marriage Documents, etc.

It’s a popular misconception that Notarization is a trivial process. This paper will ignore the issue of improperly processed (by the notary) notarizations, and address the issue of what it really means to have your signature notarized. I http://kenneth-a-edelstein.com will work with the assumption that the notarization is done legally and properly. Speaking only for New York State, the notary is a Commissioned and sworn officer of the New York State Department of State. That means the notary has taken a legal oath to uphold, and follow, the laws of New York in discharging their duties. It is the responsibility of the notary to be aware of, and follow changing regulations and procedures.

As an “officer of the State”, the notary administers an oath to persons whose signatures they will notarize. There are several formats, but the concept is the same – you are “under oath” to tell the truth. But what if you are not telling the truth? When I ask “Do you acknowledge that this is your signature, that you understood and willfully signed this document, and that the statements are true and accurate to the best of your knowledge and belief”, it’s an official question. A positive reply allows me to add my credentials and signature to the document. Then the document is considered to have a notarized signature.

A false statement under oath to a notary public is exactly the same as a false statement in a courtroom after being sworn by the Bailiff of the Court. It is the crime of Perjury, lying under oath. As a http://newyorkmobilenotarypublic.com I pass no judgment on the content of the document – you are the one testifying as to your belief and understanding of the document’s truthfulness. My responsibility is to verify your identity, to a reasonable extent. A well forged driver’s license will fool many Police Officers in addition to fooling a notary public.

Thus, the notarized document is a sworn statement by the affiant who signed the document. Such documents are generally permitted to be presented in a court of law – without the need for the affiant to be present to identify and testify as to having signed the document. It is the impartial notary’s signature and seal that lends validity to the signature (not the content of the document). Consider carefully your response to the notary’s question when giving you the oath. You are “going on record” by your signature, it would be difficult later to say “I did not sign that”.

As a general rule, anything that can be notarized can receive an Apostille.

However you must consider that the notary does the notarization; often at the client premises, while the Apostille is issue at the office of the Department of State. I have actually notarized a fish, honest. The angler wrote with magic marker on the side of the fish "I caught this fish" and I attached a "loose acknowledgement" with a staple to the tail. Thus, he had from Kenneth A. Edelstein a validly notarized fish! However, I would hesitate to bring the notarization bearing fish to the office of the State Department for an Apostille. I suggested he take a picture of the fish, which I notarized and then Apostille processed the photograph. He simply signed the back of the picture with his "I caught…." statement.

It is much more common to notarize paper documents. These vary from: copies of a passport, officially issued copies of a marriage license, to business contracts. Just about any document that can be signed can receive an Apostille after a valid notarization. After the notarization, which must be flawless, some jurisdictions require the notary’s signature to be validated. I would not bring a fish to the municipal building to have my signature verified! Some documents contain a "notarization" when they are issued. In New York City, the "long form" of Birth, Death, and Marriage certificates are issued "notarized".

As a New York Mobile Notary Public, over the past decade, my experiences have varied from the routine to the extraordinary. I have obtained a single Apostille for a Power of Attorney for a lady’s attorney in Italy to sell her villa. At the other extreme, I was instrumental in processing literally dozens of Apostille bearing forms, for several nations; relating to the sale of a supertanker. Many of these also required Embassy Legalization for the sale to proceed. That was a project! However, most clients have lesser needs – but to them the accuracy and speed are just as important. The key to a successful Apostille project is the foundational notarization – it must be perfect.

As a general rule it is best to obtain an Apostille, when state or county issued documents are involved; in the state where the documents were issued. It is possible to bypass this suggestion – but the Apostille obtained might not be acceptable at the point of use. You should discuss the actual ultimate use of the document with your notary. If the notary is not sure how you should proceed, your situation should be brought to an attorney. A notary is forbidden to give legal – "how shall I proceed" advice – and the additional skills of the attorney are worth the expense to be sure your plans are achieved.

Another Happy Camper: Apostille for use in FRANCE

Kenneth Edelstein is the best! I had a "catch -22"  that would have made Joseph Heller do somersaults… Ken found a way out through his tenaciousness, his competence, his knowledge, his insight… what can I say but a humble "thank you" in front of this amazingly kind and thoughtful man… it doesn’t hurt that on top of it all, he has a wonderfully dry and "New York" sense of humor!

Lots of best wishes and love to you and Sandy… will call you if you don’t mind for that champagne when we come back in the summer…

Andi

PS  it goes without saying that if you come over to Paris we’ll do the town together …

Is an Apostille issued for a specific country?

An Apostille is issued by the US Department of State, assuming a properly prepared set of documents; for use in any country signatory to Article 12 of The Hague. This section relates to the international use of personal documents. Thus, an Apostille is not issued for use only in Italy; the same Apostille bearing document can also be used in France. As a New York Mobile Notary Public I am often asked to obtain multiple copies of the Apostille for use in many countries. If you are permitted to show and keep the Apostille bearing document – you need only one; it’s good in all countries that accept an Apostille.

The same is true for the “Certification” – issued in lieu of an Apostille for nations that did not sign Article 12. A Certification that is good in China is also good in Canada. Sometimes the situation involves both signatory and non-signatory nations. Then it will be necessary to obtain an Apostille for the document and also obtain a Certification. You should determine in advance how many copies of each you will be required. Once in Europe, it will be impossible to obtain USA processing, as personal appearance before the notary is part of both the Apostille and Certification process.

Kenneth A. Edelstein has obtained hundreds of Apostille and Certification seals; frequently the same day. The process usually involves notarization of a signature. The only case where a signature is not required is the processing of official documents – birth, death, marriage and divorce documents are the most common. Although the Apostille or Certification is not specific to a country – often the need to have the document translated into a foreign language certainly is.

You should carefully consider how many copies of a document should receive “Apostille” processing. Just as a photocopy of a notarization is not also a notarization; a copy of an Apostille is generally useless. Only the original – in the case of those issued in New York State – with the raised gold seal are generally acceptable. The cost of processing many at once will generally be lower than many individual processing assignments given to an Apostille processing agent.

The pitfall of shortcut Apostille Processing

There is a right way and a wrong way to process documents to obtain an Apostille. Most of the time there is only the right way. However, there is often a “shortcut” to speed up the process. The most common situation that offers a shortcut is the out of state birth certificate. The right way for Ken Edelstein to process and obtain an Apostille for an out of state birth certificate is to obtain the Apostille in the state where the birth certificate was issued. However, sometimes my client is “in a hurry” and wants me to obtain the apostille in New York State – quickly.

I always caution my client that it is technically possible to obtain the Apostille in New York, but the Apostille “might” not be accepted in the target country of use. There is a procedure, totally legal, for obtaining an Apostille for a Birth Certificate issued in Montana – in New York City. I have done so many times – “most” of the time the Apostille bearing document is accepted. But, not always. It is the responsibility of my client to determine if the Apostille obtained in New York for a Montana issued birth certificate will be acceptable – where the Apostille bearing document will be presented.

As a New York Mobile Notary Public, with many years of experience with the “system” – I know the “ins and outs” of getting things done quickly. I always caution against shortcuts, but the client calls the shots. I can almost always obtain an Apostille or Certification – legally (the only way I would ever operate), but just having it does not guarantee its acceptance. Generally the shortcut process involves a statement by the holder of the document and not a statement by the official who issued the document. There is a major difference between the two. However, the constraints of time and distance often make the shortcut “worth a try”.

I am one of the few, if not the only mobile notary public who offers a total 100% guarantee that gives the client the choice of redo or refund. That guarantee is offered for almost everything I do. The exception is when I advise my client to not proceed with a shortcut method to obtain an Apostille or Certification. I feel it is my duty to advise them of the availability of the procedure while also advising that it not be utilized. The ultimate decision is made by my client and I process accordingly. However, a shortcut taken is taken without my personal guarantee – and each client is advised accordingly.