Apostille and Authentication Services

Agencies that authenticate your documents and the countries that receive them will not accept photocopies of your certified documents. Documents must be originals with the signature and seal of the certifying official and not a photocopy.

This means that a notarized document must have the “wet signature” and stamp of the notary and not a photocopy of that document with the notarization. Similarly, documents like birth certificates and death certificates need to be originals or certified copies (not photocopies) with the proper official’s signature and seal. I’m using the words “proper official” because there are some nuances here. See Birth Certificates for details.

This doesn’t mean you can’t have a photocopied document for Apostille/Authentication purposes. A photocopy of your Driver’s License, for instance, can be authenticated. In this case, the photocopy of the License becomes the certified copy when your written statement on the trueness of the copy receives the notary signature and stamp. In California, the Secretary of State will accept a Copy Certification by Document Custodian for Apostille, even though this is technically not a notarial act. And if the document needs to go through a second authentication with the US DOS, they will accept the CA SOS authentication.

A common theme emerges from feedback by many Secretary of State Offices on why requests for Apostilles/Authentications get rejected. The number one reason these document requests get rejected is due to improper notarization. This might include any of the following below:

• Blank information within the document and/or documents with missing pages.

• Missing signatures on the document.

• Using a certificate format that does not meet the state statutory requirements. Requirements consist of format, required elements, and language (in English), and vary by state.

• There is a notary stamp and signature on the document without any notarial certificate.

• An expired commission.

• The notary acting in a capacity not allowed by their state, such as certifying representative capacity of a signer. For example, John Smith the Executor. Representative capacity can be okay if the signer is certifying their own representative capacity. For example, John Smith who took an oath that he is the Executor.

• Similar to the above, certifying that a person is alive (very few states allow notaries to make this certification). See Life Certificates for more detail.

• Improper copy certification of documents that should not be notarized. See “Certain documents should not be notarized” below.

• Using any language in the notarial certificate or anywhere in the document that includes wording or statements that would constitute the unauthorized practice of law.

  Phrases such as “notary attests” or “notary affirms” are clues that the notary is crossing the boundary and exceeding their capacity allowed by law.

  According to the Colorado SOS, Power of Attorney documents drafted for international agreements frequently contain language requiring the notary to make legal conclusions, including statements about the legal capacity of parties involved and that the notary has explained the legal meaning of the document. All of these would equate to the unauthorized practice of law by the notary.

The second most common reason documents are rejected is due to errors in the request setup. The wrong payment amount, improper bundling of documents, and missing translations are all examples of errors in packaging a request with state and federal agencies.

Examples of documents that should never be notarized::

• FBI background checks

• Birth Certificates

• Death Certificates

• Marriage Certificates

• Divorce Decrees

• Certified copies of business documents obtained directly from the Secretary of State*

• Naturalization Certificates

*Note that business documents not on file with the State must be notarized.

A good clue as to whether you need to get a document notarized or not is to look out for a state, federal or court official’s seal and signature on your document. If these are present you likely don’t need the document notarized.

Going by type of documents, it will sometimes depend upon the state they come from. For example, in California, a state-level background check should not get notarized. The State Attorney General’s office certifies the copy. In Pennsylvania, you are expected to get your state-level background check notarized by a notary public.

In the realm of international documents, the exception is the rule. Don’t rely on general information you find online, including this website. Always check with your intended recipient in the destination country to confirm they will accept your documents in the format provided.

Things to check for include the age of the document. Countries have their own limitations on how old a document can be. For example, China has a six-month limit on the age of a document. And most countries require FBI background checks to be within 3-months.

States within the US have their own requirements for the age of a document at times. This varies and a good apostille agent should be able to guide you through these. For example, Montana will only authenticate documents issued within the last five years. If you have a birth, death, marriage, or court record that was issued more than five years ago, you must obtain a new certified copy from the appropriate agency.

The format of the document may also be something to look out for. For example, when you’re required to provide proof of your marital status, different countries may want that proof presented in different formats. Although it’s typically referred to as a “Single Status Affidavit”, one format does not cover all countries, and providing your own affidavit versus a specified format may get your document rejected.

Countries have their own unique limitations on how old a document can be. For example, China has a six-month limit on the age of a document. And most countries require FBI background checks to be within 3-months.

States within the US also have their own unique requirements for the age of a document at times. This varies and a good apostille agent should be able to guide you through these. For example, Montana will only authenticate documents issued within the last five years. If you have a birth, death, marriage, or court record that was issued more than five years ago, you will need to obtain a new certified copy from the appropriate agency.

On the Federal side, Naturalization Certificates have a time limit of 20 years. After this, you will need to obtain a new certificate if you need to have it authenticated by the US DOS. This can be done through the U.S. Citizen and Immigration Services (USCIS).