Apostille and notary are often mentioned together, but they are not the same thing. If you choose the wrong step, your document can be delayed, rejected or sent back for new certification.
A notary public can witness, certify or authenticate certain documents for international use. An apostille is the official legalisation certificate issued by the UK Legalisation Office, which is part of the Foreign, Commonwealth and Development Office.
In simple terms, a notary may prepare the document. The FCDO then legalises the notary’s signature, seal or stamp by attaching an apostille.
The UK Legalisation Office checks whether the signature, stamp or seal on a document matches its records. If it does, the document is legalised by attaching an apostille. (gov.uk)
Apostille and notary explained
A notary and an apostille serve different purposes.
A notary is a legal professional who can witness signatures, certify copies, verify identity, prepare notarial certificates and authenticate documents for use abroad.
An apostille is an official certificate attached by the FCDO Legalisation Office. It confirms that the signature, stamp or seal on a UK document is genuine.
The apostille does not replace notarisation. It legalises a recognised signature, seal or stamp that is already on the document.
The main difference between apostille and notary
The main difference is who does what.
A notary checks, witnesses or certifies the document.
The FCDO issues the apostille.
For example, if you have a power of attorney for use abroad, the notary may check your identity, witness your signature and attach a notarial certificate. The FCDO can then attach an apostille to the notary’s signature and seal.
If you have a UK birth certificate, you may not need a notary at all. The certificate may be apostilled directly if it contains a verifiable official signature, stamp or seal.
When an apostille is enough
Some UK documents can often be apostilled directly without notary involvement.
These may include:
- birth certificates
- marriage certificates
- death certificates
- civil partnership certificates
- adoption certificates
- certificates of no impediment
- court documents
- Companies House certified documents
- some HMRC letters
- some government-issued certificates
These documents already contain official signatures, stamps or seals that may be verified by the Legalisation Office.
However, the document must still be suitable. Damaged, laminated, incomplete, unclear or unofficial copies may be rejected.
When a notary is needed first
A notary may be needed before apostille when the document is private, copied, signed by an individual, or intended for a country or authority with stricter requirements.
Notarisation may be needed for:
- powers of attorney
- affidavits
- sworn statements
- statutory declarations
- passport copies
- degree certificate copies
- company documents
- board resolutions
- property documents
- overseas legal forms
- private agreements
- documents for foreign courts
- documents for embassy attestation
- documents where the recipient specifically asks for notarisation
GOV.UK guidance for British people abroad says that, if you need a certified copy of a UK document so that it can be legalised, you need to use a UK-based notary. (gov.uk)
Notarised and apostilled documents
If a document is “notarised and apostilled”, it normally follows this route:
- the document is prepared
- the notary verifies identity or document details
- the document is signed, witnessed or certified by the notary
- the notary adds a notarial certificate, stamp or seal
- the document is submitted to the FCDO
- the FCDO attaches the apostille to the notary’s signature or seal
This route is common for overseas property, company documents, powers of attorney, affidavits and documents for formal legal use abroad.
Solicitor, notary or apostille service
A solicitor, notary and apostille service each play a different role.
A solicitor may certify copies, witness signatures or take statutory declarations for some documents.
A notary is often used for international documents and formal overseas use.
An apostille service can help check, prepare and submit documents for FCDO legalisation, but it does not issue the apostille itself.
The apostille itself is issued by the UK Legalisation Office, not by a solicitor, notary or private service.
Solicitor vs notary before apostille
A solicitor may be enough for some apostille-only documents.
Solicitor certification may be suitable for:
- passport copies
- proof of address
- DBS certificates
- employment letters
- bank statements
- utility bills
- some academic documents
- private letters
- some statutory declarations
A notary may be safer or required for:
- powers of attorney
- overseas property documents
- foreign court documents
- company authorisations
- documents for civil law countries
- embassy attestation
- documents specifically requesting notarisation
If the receiving authority says “notarised”, do not assume solicitor certification will be accepted.
Documents that often do not need a notary
Many official UK documents do not need notarisation before apostille.
Examples include:
- official birth certificates
- official marriage certificates
- official death certificates
- civil partnership certificates
- adoption certificates
- official court documents
- certificates of no impediment
- Companies House certified certificates
For these documents, adding a notary may be unnecessary and may increase time and cost.
The better route is usually direct FCDO apostille, unless the receiving authority specifically asks for notarisation.
Documents that often do need a notary
Notary involvement is often needed where the document does not already have a public official signature that the FCDO can verify.
Examples include:
- a power of attorney signed by an individual
- a passport copy
- a certified copy of a degree certificate
- a company board resolution
- a private agreement
- an affidavit for foreign use
- a property authority for overseas use
- a declaration for a foreign court or bank
The notary creates a formal certificate or signature that can be legalised by the FCDO.
Apostille for a notarised copy
A notarised copy can usually be apostilled if the notary’s signature, stamp or seal can be verified.
This is common where the original document should not be sent abroad.
Examples include:
- passport copy
- certificate of naturalisation copy
- degree certificate copy
- company document copy
- proof of address copy
- LPA copy
- identity document copy
The apostille confirms the notary’s signature or seal. It does not confirm the content of the original document itself.
Apostille for powers of attorney
Powers of attorney often need notary involvement before apostille.
This is especially common for:
- overseas property transactions
- foreign bank matters
- company representation abroad
- inheritance or probate abroad
- court or legal procedures
- documents for civil law jurisdictions
The receiving authority may require a notarial certificate, apostille, certified translation and sometimes embassy legalisation.
Do not sign a power of attorney before checking whether it must be signed in front of the notary.
Apostille for certified copies
Certified copies can be more complicated than original public documents.
For general UK use, a solicitor or other professional may be accepted. For overseas legalisation, a notary may be required in some cases, especially where the document needs to be legalised.
GOV.UK advises checking with the person asking for your document whether it needs to be legalised and notes that a document may need to be certified before it can be legalised. (gov.uk)
Embassy legalisation after apostille
An apostille is usually enough for countries that accept apostilles under the Hague Apostille Convention.
For some countries, the document may need embassy or consular legalisation after the FCDO apostille.
The process may be:
- solicitor or notary certification, if required
- FCDO apostille
- embassy or consular legalisation
- certified translation, if required
- local ministry stamping abroad, if required
This is common for some documents going to non-Hague countries or where the receiving authority specifically asks for embassy attestation.
Translation requirements
If the document will be used in a non-English-speaking country, translation may be required.
The correct order depends on the receiving authority. Some authorities want the document notarised and apostilled first, then translated. Others may require the translation itself to be certified, sworn, notarised or legalised.
Before arranging translation, check whether the recipient needs:
- notarised document
- apostilled document
- certified translation
- sworn translation
- translation of the apostille
- apostilled translation
- embassy-attested translation
Paper apostille vs e-Apostille
A notarised document may be suitable for a paper apostille or, in some cases, an e-Apostille.
A paper apostille is usually safer where:
- the document has wet-ink signatures
- embassy legalisation is required
- the recipient wants a physical document
- the document is for property, court or registry use
- the destination authority does not accept PDFs
An e-Apostille may be suitable where the document is digitally signed by a UK solicitor or notary and the receiving authority accepts electronic documents. GOV.UK explains that e-Apostilled documents can be downloaded and shared digitally after legalisation. (gov.uk)
Common mistakes to avoid
Common mistakes include:
- assuming a notary issues the apostille
- paying for notarisation when direct apostille would be enough
- using a solicitor when the recipient asked for a notary
- sending an ordinary photocopy for apostille
- signing a power of attorney before the notary appointment
- choosing e-Apostille when paper apostille is required
- forgetting embassy legalisation after apostille
- translating the document before checking the correct order
- using the wrong certification wording
- not checking the destination country’s requirements
These mistakes can cause delays, rejection and extra costs.
How to choose the right route
The safest route depends on the document and the receiving authority.
Start by checking:
- document type
- destination country
- whether the document is original, copy, scan or PDF
- whether it already has an official signature, stamp or seal
- whether the recipient asks for notarisation
- whether apostille alone is enough
- whether embassy legalisation is needed
- whether translation is required
- whether paper or digital format is accepted
If the document is an official UK certificate, direct apostille may be enough. If it is a private document, copy, power of attorney or overseas legal document, notary certification may be needed first.
How we can help
We can help confirm whether your UK document needs an apostille, notary certification or both.
Our service can include checking your document, advising whether direct apostille is possible, arranging notary or solicitor certification where required, submitting the document for FCDO apostille, advising on paper apostille or e-Apostille and helping with embassy legalisation or certified translation.
If you are unsure whether to use a notary before apostille, send us the document type, destination country and recipient’s instructions. We can confirm the safest route before you sign or certify anything.