Notarizing Documents for Use in Apostille Countries vs. Non-Apostille Countries

Notaries and document preparers must understand the legal landscape of international authentication when notarizing documents intended for use abroad. The process is not one-size-fits-all; it depends on whether the destination country participates in the Hague Apostille Convention or follows traditional legalization procedures.

This guide will explain everything you need to know about notarizing documents for use in Apostille vs. non-Apostille countries, highlighting the steps, key differences, and best practices.

Understanding Notarization and International Document Use

Notarization verifies the authenticity of signatures, the signers’ identity, and the act’s voluntary nature. For domestic purposes, this is usually enough. However, additional steps are often required when a notarized document crosses borders, especially for use in foreign courts, universities, or government agencies.

These additional steps confirm that notarization is legally recognized in the foreign country. The exact process varies depending on the country’s legal agreements with the United States or other countries of origin.

This is where the Hague Apostille Convention becomes essential.

What Is the Hague Apostille Convention?

The Hague Apostille Convention, established in 1961, is an international treaty created to simplify the process of authenticating documents for use abroad. The treaty eliminates the need for diplomatic and consular legalization for documents exchanged between member countries.

As of 2025, over 120 countries, including most of Europe, Latin America, and parts of Asia and Africa, are members of the Apostille Convention.

For these countries, a single apostille certificate issued by a designated competent authority (such as the U.S. Secretary of State) is sufficient to verify the authenticity of a notarized document.

Example:

If a client needs to send a notarized birth certificate to France (an Apostille country), they only need to obtain an apostille after notarization—no embassy visit is required.

Notarization for Apostille Countries: Streamlined and Efficient

The process is streamlined when the destination country is an Apostille Convention member, making international document validation faster and more efficient.

Here are the general steps:

1. Have the Document Notarized
   A commissioned notary public notarizes the document by local laws.
   
2. Submit to the Apostille Authority
   The notarized document is sent to the relevant authority (in the U.S., usually the Secretary of State for the state where the notary is commissioned).
   
3. Receive the Apostille Certificate
   The authority issues an apostille certificate that is physically attached to the document.
   
4. Send Document Abroad
   Once the apostille is attached, the document is ready for use in the Apostille member country.
   

Benefits:

• No embassy involvement
  
• Faster processing times
  
• Less expensive than traditional legalization
  

Notarization for Non-Apostille Countries: The Traditional Legalization Path

If the document is intended for a non-Apostille country, the process becomes more complex and often requires multiple layers of certification.

Here’s how it typically works:

1. Document is Notarized
   As with all processes, notarization comes first.
   
2. Authentication by the Secretary of State
   The notary’s commission is verified by the state authority.
   
3. Authentication by the U.S. Department of State
   The authenticated document is then sent to the U.S. Department of State in Washington, D.C.
   
4. Legalization by the Embassy or Consulate of the Destination Country
   The final step is for the document to be legalized at the embassy or consulate of the country where it will be used.
   
5. Translation (if required)
   Many non-apostille countries also require documents to be professionally translated into their official language.
   

Example:

Notarization is just the start for a document going to China or the UAE. Before it is valid for use, the document must pass through state, federal, and consular channels.

Key Differences Between Apostille and Non-Apostille Processes

Understanding the differences helps ensure that documents are correctly processed the first time—avoiding delays, rejections, or added costs.

Here’s a comparison in table format:

Feature	Apostille Countries	Non-Apostille Countries
Treaty Participation	Hague Apostille Convention Members	Not Members
Document Authentication	Apostille Certificate	Multi-step Legalization
Involvement of Embassy	Not Required	Required
Government Agencies Involved	Usually 1 (Secretary of State)	3 or more (State, Federal, Consulate)
Processing Time	Generally Quick (2–10 business days)	Can Take Several Weeks
Translation Requirements	Occasionally	Frequently
Common Examples	France, Italy, Brazil, Japan	China, UAE, Egypt, Saudi Arabia

Best Practices for Notaries Handling International Documents

When notarizing for international use, clarity and preparation are key. Use these best practices to help your clients and protect your commission:

• Ask the Right Questions: Always confirm where the document will be used. This determines whether apostille or full legalization is needed.
  
• Know Your State’s Apostille Process: Familiarize yourself with how your state handles apostille requests. Most Secretary of State websites offer instructions and forms.
  
• Keep Up with Embassy Requirements: Embassy legalization rules can change frequently. Direct clients to official consulate websites or professional legalization services.
  
• Do Not Offer Legal Advice: You can guide clients on procedure, but never provide legal interpretations or decisions.
  
• Stay Organized: Keep templates and contact lists for frequently requested countries. Having resources handy can save valuable time.
  
• Educate Your Clients: Many people are unaware of these international differences. A brief explanation can build trust and establish your professionalism.
  

The Right Process Matters

Whether a document is destined for an Apostille or Non-Apostille country can significantly impact how you, as a notary, prepare and advise clients. Apostille countries benefit from a streamlined approach, while non-Apostille countries require more complex and time-consuming steps.

Understanding these differences is critical—not just for compliance but also for delivering excellent client service in an increasingly globalized world.

Need More Support?

If you’re a notary public handling international documents—or looking to expand your services—make sure you’re well-prepared and professionally trained.

Visit NotaryPublicAssociation.org for:

• In-depth training resources
  
• Certified continuing education programs
  

Empower your notary career—one global signature at a time.