What is the Difference Between a Notary Public and an Apostille Notary?
If you’re preparing documents for international use, you may have come across the term apostille notary and wondered what it entails. Many people confuse notary services with apostille services, but while they are connected, they serve distinct purposes. At Burger Huyser Attorneys, we help individuals and businesses navigate the complexities of document authentication for international recognition.
An apostille notary refers to the process of notarising a document as part of preparing it for international recognition through apostille certification. While a notary public authenticates a document’s signature or verifies the identity of the signer, an apostille is a higher-level certification that confirms the document’s legitimacy for use in foreign countries that are part of the Hague Convention of 1961.
In this context, a notary plays an initial role in the apostille process. Once a document has been notarized, it can be submitted for an apostille certificate, which is issued by a designated government authority such as the Department of International Relations and Cooperation (DIRCO) in South Africa.
What are Apostille Notary Services?
Apostille notary services involve two key steps:
- Notarisation of Documents:
A notary public certifies the authenticity of the document or the signatures on the document. This step is necessary for documents such as affidavits, power of attorney, or certified copies of original documents. - Apostille Certification:
Once the document has been notarized, it is submitted to the designated government office (such as DIRCO in South Africa) for apostille certification. The apostille stamp or certificate is attached to the document, making it valid for use in another country that is part of the Hague Convention.
Can a Notary Do the Apostille?
No, a notary public cannot issue an apostille certificate. The role of a notary is to authenticate the document or verify the identity of the signer. The apostille itself can only be issued by the government authority responsible for apostille certifications in the respective country.
In South Africa, the Department of International Relations and Cooperation (DIRCO) is the official body authorized to issue apostilles. However, for certain court documents, the High Court may issue an apostille.
Is an Apostille the Same as a Notary?
No, an apostille is not the same as a notary. These terms refer to different processes with unique purposes:
- Notary: A notary public is a legal professional who witnesses signatures, certifies documents, and ensures that they are executed correctly. The notary’s role is to verify the authenticity of a document or the identity of the person signing it.
- Apostille: An apostille is a certificate issued by a government authority that authenticates a document for use in foreign countries. It confirms that the document is genuine and has been certified by an authorized authority in the issuing country.
In simpler terms, notarization is often the first step, while the apostille is the final step in making a document valid internationally.
When Do You Need Apostille Notary Services?
You may need apostille notary services when you are submitting documents for use in another country that is a member of the Hague Convention. Common scenarios include:
- Immigration and Visa Applications:
Documents like birth certificates, marriage certificates, and police clearance certificates may need to be notarized and apostilled. - Business Transactions:
Business documents such as contracts, powers of attorney, and certificates of incorporation often require notarization and apostille certification for use abroad. - Educational Purposes:
Academic transcripts, diplomas, and certificates often need to be apostilled for studying or working abroad. - Legal Proceedings:
Documents such as affidavits or court orders may need to be notarized and apostilled to be accepted in foreign jurisdictions.
How to Get an Apostille in South Africa?
Here is a step-by-step guide to obtaining an apostille certificate in South Africa:
- Notarize the Document:
If your document requires notarization (e.g., affidavits or certified copies), visit a notary public to have it authenticated. - Submit to DIRCO or High Court:
Depending on the type of document, submit the notarized document to DIRCO or, in some cases, the High Court for apostille certification. - Pay the Fees:
DIRCO or the High Court may charge a fee for issuing the apostille certificate. - Receive the Apostille Certificate:
The apostille certificate will be affixed to your document, making it valid for international use.
An apostille notary combines notarisation and apostille certification to ensure that your documents are valid for use in foreign countries. While a notary public plays a key role in authenticating documents, the actual apostille certificate is issued by a government authority, such as DIRCO in South Africa.
If you need assistance with notarizing your documents or obtaining an apostille certificate, the team at Burger Huyser Attorneys is here to help. With our expertise, we’ll guide you through the process and ensure your documents are properly prepared and authenticated for international use.
Contact us today for professional apostille and notary services!
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;
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DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE