What is Apostille?
Just as the Notary Public is verifying that those persons signing documents are those they claim to be, so the question arises is Mr. McElhone who he claims to be i.e. a Notary Public? The Foreign and Commonwealth Office (“the FCO”)(and some foreign embassies) in the United Kingdom have Mr McElhone’s details registered with them and will, if requested, verify that the document was properly notarised in the United Kingdom. This verification document is called an “Apostille” (sometimes also referred to as “Legalisation”). Sometimes you will be asked by those acting for you in foreign jurisdictions to have an Apostille attached to the notarised document. Whilst many documents are accepted at face value without the benefit of an attached Apostille sometimes documents are returned for an Apostille even though this requirement was perhaps not initially specified.
For a full list of Hague Convention Country members and all the latest information you should visit the Foreign and Commonwealth Office website or contact the FCO direct. In August 2016 Chile, Brazil and Morocco joined the Hague Apostille Convention on, respectively, 14th August (although implemented 9th August) 2016, 14th August 2016 and 30th August 2016.
Essential information
In 2017 the Foreign and Commonwealth Office indicated that if it receives an Application to Apostille Certified copy of the new-format British Passport this Application will be rejected unless the holder of the Passport has already signed the original. “If the Passport is not signed, it is not a valid document”. All Notary clients presenting to have a Certified copy of their Passport Notarised must ensure that, because the Passport Office no longer digitally produces the client's signature, they countersign the new-format Passport immediately they receive it.
On 22nd March 2011 the Legalization Office at the Foreign & Commonwealth Office issued to Notaries Public a Guidance Note concerning certified copies of foreign education documents. Part of that Note is reproduced here and forms part of these Terms of Business:
“The Hague Secretariat recognises the problem of diploma mills as does the UK and many other States and the fact that an Apostille is sometimes used to create the appearance of an official or otherwise diploma to the end user.
The UK prevents the spread of diplomas or certificates issued by these establishments by ensuring that we only legalise UK educational documents issued by UK institutions. However, we are unable to make these checks in regard to certified copies of foreign-issued education certificates.
Consequently, from 1 April 2011, we will not accept certified photocopies of these documents unless the certification also confirms that the solicitor or notary has checked the accreditation of the issuer and authenticity of the original certificate.”
If there is produced to this Notary Public what purports to be a certified copy of an educational diploma or certificate issued other than by a recognised/accredited United Kingdom educational institution, this Notary Public will undertake to check at the Notary client's expense accreditation of the user and the authenticity of the original diploma/certificate only at the express written request of you the notary client and at your expense.
