Notary glossary
Apostille vs Notarization
They are two different steps performed by two different authorities, and documents going abroad often need both in order. A notary verifies who signed a document and completes a notarial certificate. An apostille is a certificate issued afterwards by a government authority — in the United States usually a Secretary of State — confirming to a foreign government that the notary's signature, seal and commission are genuine. A notary cannot issue an apostille, and an apostille says nothing about whether your document is true.
What each one actually certifies
A notarization is about the person in front of the notary. The notary identifies you, witnesses a signature or administers an oath, and completes a certificate recording that it happened. That certificate is designed to be read by someone in the United States who knows what a notary is.
An apostille is about the notary. A foreign official has no way to know whether a stamp from a county in Florida belongs to a real commissioned notary, so the Hague Apostille Convention created a standard certificate that a designated authority attaches to answer exactly that question. It authenticates the signature, the capacity in which the official acted, and the identity of the seal or stamp — and explicitly not the contents of the underlying document.
That is the distinction that catches people out. Neither step vouches for what your document says. A notarized, apostilled affidavit full of false statements is still an affidavit full of false statements.
Why they usually stack
For a private document — a power of attorney, an affidavit, a company resolution — the order is almost always notarize first, then apostille. The apostille attaches to the notarial certificate, so there has to be one for it to authenticate.
Public records work differently. A birth certificate, a death certificate or a court record is already signed by a public official, so it goes to the competent authority directly and a notary is not involved at all. Asking a notary to certify a copy of one is a common and expensive detour — the issuing agency's certified copy is what the apostille attaches to.
Who issues an apostille
Not a notary, and not a notarization platform. In the United States the competent authority is generally the Secretary of State of the state whose official signed the document, with the U.S. Department of State handling federal documents. Which office applies depends on where the document originated, not on where you live.
Because the authority follows the document, a document notarized in one state is apostilled by that state, even if you have since moved. This is the single most common reason an apostille request is sent back.
When an apostille is not the right certificate
The Apostille Convention only operates between its member countries. If the destination country is not a member, an apostille is not what you need — the document goes through the longer authentication and legalization route instead, which typically ends at that country's embassy or consulate.
Membership changes as countries join, and the destination's own requirements govern what it will accept. Confirm what the receiving authority wants before starting either process, because the two routes are not interchangeable and the work does not transfer.
What the destination decides
An apostille makes a document recognisable abroad; it does not oblige anyone to accept it. The receiving authority still sets its own rules on how recent the document must be, whether a translation is required, and whether a translation itself must be certified or notarized.
Translation requirements in particular are worth asking about early, because a certified translation sometimes has to be produced before the apostille rather than after.
Common questions
- Is an apostille the same as a notarization?
- No. A notary verifies the identity of the person signing and completes a notarial certificate. An apostille is issued afterwards by a government authority and confirms that the notary's signature, seal and commission are genuine, so a foreign government can rely on them. Documents going abroad commonly need the notarization first and the apostille second.
- Can a notary issue an apostille?
- No. Apostilles are issued only by the competent authority designated under the Hague Convention — in the United States usually a Secretary of State, or the U.S. Department of State for federal documents. A notary's role is the step before it.
- Does an apostille prove my document is true?
- No. It authenticates the signature, the capacity of the official who signed and the identity of the seal. The contents are outside what either a notary or an apostille certifies.
- What if the destination country is not in the Hague Convention?
- Then an apostille does not apply and the document goes through authentication and legalization instead, usually ending at that country's embassy or consulate. Check the destination's requirements before you begin, since the two routes are separate.
Related terms
Authentication
The equivalent of an apostille for countries that are not part of the Hague Convention. The document is certified by the state and then legalized by the destination country's embassy or consulate.
Notary public
A person commissioned by a state to serve as an impartial witness to signatures, administer oaths and certify copies. Rush Notary's notaries perform these acts online by video.
Commission
The authorization a state gives a notary to perform notarial acts, for a fixed term. A notary's commission number and expiration date appear on every certificate they complete.
Notarial certificate
The wording the notary completes and signs on the document: the venue (state and county), the date, the type of act (jurat or acknowledgment), the signer's name, and the notary's signature and seal. If a form has no certificate, the notary attaches a loose one.
General notary practice, not legal advice — rules on identification, witnesses and which documents may be notarized online are set by each state. See the requirements page for your state, or browse the full notary glossary.
The notary guides cover where to get a document notarized and what each option will and will not handle, the FAQs explain how a session runs, and the document guides cover specific paperwork. When you are ready, start a session.