What is the Difference Between Notarized Documents and Apostille?

In an increasingly globalized world, the importance of ensuring the authenticity of documents cannot be overstated. Whether for personal, business, or legal purposes, document verification is often required to maintain the integrity of transactions and agreements. Two of the most common forms of document authentication are notarized documents and apostilles. While both serve to verify the legitimacy of documents, their roles and applications vary significantly. Understanding the differences between these two processes is crucial when determining the appropriate form of authentication for your specific needs.
 

Understanding Notarized Documents

A notarized document is one that has been officially verified by a notary public. The primary purpose of notarization is to prevent fraud and ensure that the parties involved in signing the document are who they claim to be. A notary public acts as an impartial witness to the signing of important documents, verifying the identity of the signers and ensuring that they are signing willingly and without coercion.

Notarization can be required for a variety of documents, ranging from affidavits and contracts to property deeds and wills. Once notarized, the document carries legal weight and can be presented in court as evidence or submitted to various authorities for official use. However, it’s important to note that notarized documents are primarily recognized within the jurisdiction in which they are issued.

What Is an Apostille?

An apostille, on the other hand, serves as a form of international document authentication under the framework of the Hague Apostille Convention. This treaty, adopted in 1961, established a streamlined method for verifying the authenticity of documents to be used across member countries. The apostille itself is a certificate attached to the document that confirms its legitimacy for international use.
 

Key Differences Between Notarization and Apostille

One of the most significant differences between notarization and apostille certification is the scope of their legal recognition. Notarization is typically a domestic process, recognized within the jurisdiction where the notary is commissioned. Its primary function is to validate documents for use in local legal matters, real estate transactions, or personal agreements. Notarization is not typically sufficient for documents that are intended to be used internationally.

In contrast, an apostille is specifically designed for international recognition. When a document has been issued an apostille, it is recognized by any of the over 120 member countries of the Hague Apostille Convention. This eliminates the need for further authentication by consulates or embassies, simplifying the process for those engaged in international legal affairs. Essentially, while a notarized document is sufficient for domestic matters, an apostille is required when the document must be valid across international borders.

The process of obtaining each certification also differs. For notarization, you simply need to visit a notary public, present valid identification, and sign the document in the notary’s presence. An apostille, however, is obtained through a provincial or governmental authority after notarization, typically via Global Affairs Canada or an authorized provincial agency.

When You Need a Notarized Document vs. an Apostille

Knowing when to use a notarized document versus an apostille is critical. For many domestic matters—such as signing a power of attorney, finalizing a business contract, or transferring property—a notarized document is typically sufficient. These documents are meant for legal processes within your own country, and notarization ensures that the document will hold up under scrutiny.

However, if you plan to use a document internationally, especially in a country that is part of the Hague Apostille Convention, you will likely need an apostille. For instance, if you are getting married abroad and need to prove your single status, a notarized affidavit may not be enough—you’ll need an apostille attached to it to ensure it’s recognized by foreign authorities. Similarly, international adoptions, visa applications, and foreign business contracts often require apostille certification.

How to Obtain a Notarized Document or Apostille

The process for obtaining a notarized document is relatively straightforward. You will need to visit a notary public with the document you wish to notarize, along with valid identification. The notary will verify your identity, witness the signing of the document, and then apply a seal or stamp, signifying that the document has been notarized. This process can usually be completed within minutes.

Securing an apostille is a more intricate process. First, the document must be notarized. Then, you must submit the notarized document to the appropriate provincial or governmental authority, typically via Global Affairs Canada or an authorized provincial agency (dependent on the document), where the apostille certificate will be attached. The requirements and processing times for obtaining an apostille vary depending on the jurisdiction, but you will typically need to provide the original document, proof of notarization, and a completed apostille request form.

Conclusion

Both notarized documents and apostilles play essential roles in ensuring the authenticity of important legal documents, yet their applications differ based on whether the document will be used domestically or internationally. While notarization is a local verification process, an apostille certifies the document for use abroad under the framework of the Hague Apostille Convention.

If you need assistance with notarized documents or securing an apostille for international use, contact us at (289) 312-6678 or visit notablenotary.ca/book-now. Our team specializes in both notarization and apostille services, ensuring your documents are properly authenticated for any purpose, whether local or abroad. 

For inquiries, feel free to email us at info@notablenotary.ca. Let us streamline the process for you, making it smooth and worry-free.