Presentation TitleSubtitle if applicable

Presenter Name, Presenter TitlePresenter Name, Presenter TitlePresenter Name, Presenter Title

Session Number 000

Apostille and International Authentication Build your business beyond notarization

David Helman General Manager280 Madison AvenueNew York, NY 10016

notary-ny.comdavid.helman@notary-ny.com212 386 5495

What is it?• Authenticates the origins of a public

document.– Verifies the authenticity of a public official's

signature and seal

• Allows for the use of documents. internationally not domestically

• Only applies for public documents.– Documents that can be notarized can be

apostillized/authenticated– Administrative documents (vital records),

such as birth certificate, death certificate, and marriage certificate

Apostille and Authentication

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1

2

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4

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Category 1 Category 2 Category 3 Category 4

Chart Title

Series 1 Series 2 Series 3

• This is the process accepted in most countries (approx.115 out of approx.195).

• Notarize the document.• Take it to the county clerk’s office.

– The county clerk will authenticate the signature of the Notary (or public official)

– Not all states require this• Take it to the Competent Authority.

– Usually, this is the Department of State for each of the 50 States + Federal, D.C., Federal and U.S. Territories.

• Sometimes called a Hague Certificate.

Apostille

• Some consulates/embassies/states call it a legalization or a non-apostille certificate. Also sometimes called a non-Hague Certificate.

• Process for authenticating documents for countries that are not part of the Hague ApostilleConvention.

• Further steps (not all steps always apply).– U.S. Department of State– Overseas Chamber of Commerce in U.S.– Consulate and/or Embassy– Translation– Costs vary (e.g. $5 Pakistan, $600 UAE)

• Most consulates/embassies have a website or a telephone number, but procedures are subject to change and interpretation.

• Example:– China: The documents go to the territorial

Chinese Consulate or Embassy.– UAE: The documents go the U.S. Department

of State and then to the UAE Embassy in D.C.– Pakistan: The documents go the U.S.

Department of State and then to the territorial consulate for which the document has a nexus.

Authentication

Apostille • Issued for countries that are part of

the Hague Apostille Convention.– https://www.hcch.net/en/instruments/co

nventions/status-table/?cid=41• Only issued by competent

authorities.– In U.S., the U.S. Department of State

as well as each of the 50 States + D.C., and U.S. Territories.

– https://www.hcch.net/en/states/authorities/details3/?aid=353

Authentication• Issued for countries that are not part

of the Hague Apostille Convention.• Process differs from country to

country.– Usually have additional steps– Canadian process is the same as for an

Apostille (GA is an exception).– Some non-member states (countries)

will accept an Apostille.

Apostille vs. Authentication(aka legalization or non-apostille certificate)

POA/Jurat/Ack.

Notarize Document

County Clerk DOS

Certified Vital Record,

Court, &Corporate

County Clerk DOS Apostille

Apostille Process

Apostille

POA/Jurat/Ack.

Notarize Document

County Clerk

(not all states)

State DOS and/or

U.S. DOS

Certified Vital Record,

Court, &Corporate

County Clerk (not all states)

State DOS and/or

U.S. DOS

Authentication Process

Authenticated Document

Consulate/Embassy

Consulate/ Embassy

• Notarize the document.– If it’s a public record, obtain a certified

copy from the relevant department• Take it to the county clerk’s office.

– The county clerk will authenticate the signature of the Notary (or public official).

• Submit it to the New York Department of State.

• https://www.dos.ny.gov/licensing/ apostille.html

• Albany (capital) by mail or New York City in person.

• New York DOS will attach either the apostille certificate or the authentication certificate, depending on the country.

• If for a non-apostille country, often further steps are usually required.

The Process: Apostille/Authentication for New York

• Notarize the document.– If it’s a public record, obtain a

certified copy from the relevant department

• NV does not require a verification at the county clerk.

• Submit it to the Nevada Department of State.

• http://nvsos.gov/sos/businesses/ apostille

• Carson City (capital) by mail or Las Vegas in person.

• Nevada DOS will attach either the apostille certificate or the authentication certificate, depending on the country.

• If for a non-apostille country, usually further steps required.

The Process: Apostille/Authentication for Nevada

• Notarize the document.– If it’s a public record, obtain a

certified copy from the relevant department

• CA does not require a verification at the county clerk.

• Submit it to the California Department of State.

• http://www.sos.ca.gov/notary/ authentication/

• Sacramento (capital) by mail or in person and Los Angeles in person.

• California DOS will attach either the apostille certificate or the authentication certificate, depending on the country.

• If for a non-apostille country, usually further steps required

The Process: Apostille/Authentication for California

• Notarize the document.– If it’s a public record, obtain a

certified copy from the relevant department

• GA does not require a verification at the county clerk for apostille.

• Submit it to Georgia Superior Court Clerk’s Cooperative Authority (GSCCCA)

• https://www.gsccca.org/notary-and-apostilles/apostilles/general-apostille-information

• Atlanta (capital) by mail or in person. • Georgia GSCCA (not the GA DOS) will

attach apostille certificate.

The Process: Apostille for Georgia

• Notarize the document.– If it’s a public record, obtain a

certified copy from the relevant department

• Take it to the county clerk’s office.– The county clerk will authenticate

the signature of the Notary (or public official)

• Submit it to Georgia Secretary of State.• http://sos.ga.gov/index.php/

Elections/great_seal

• Atlanta(capital) by mail or in person • Georgia SOS (not the GSCCCA) will

attach the authentication certificate with the Great Seal of the State of Georgia.

• For non-apostille countries, usually further steps required.

The Process: Authentication for Georgia

• China maintains an embassy in D.C., as well as five consulates.

• Each of the consulates holds jurisdiction over various states.– The Chinese Embassy is

responsible for documents authenticated by the U.S. Department of State

– The various consulates are responsible for documents authenticated by the Department of State of the state that it has jurisdiction over

• If the document is for use in Hong Kong SAR or Macau SAR, as well as they get apostille notauthentication certificate.

• Taiwan also uses an authentication certificate, but has a different procedure than PRC.

The Process: Authentication for China

China Territorial System Washington (Embassy)New YorkChicagoSan FranciscoLos AngelesHouston

The Washington Embassy has both territorial responsibility for most mid-Atlantic and non-coastal North West states but also nationwide responsibility for documents with nexus in multiple states in different parts of the U.S.

• Canada is not part of the Hague Apostille Convention.

• Documents for use in Canada need to be authenticated.

• Documents for use in Canada, presently, do not need further authentication beyond the state level.

The Process: Authentication for Canada

• Do not notarize the document.-Documents may have already been notarized by a U.S. Consular Officer at an Embassy or Consulate-Federally-issued documents, such as FBI background and overseas birth records are not notarized

• Submit to the U.S. Department of State Authentication Office, Wash., D.C. by mail or in person

• https://travel.state.gov/content/ travel/en/legal-travel-considerations/internl-judicial-asst/authentications-and-apostilles.html

• If for a non-apostille country, usually further steps required.

The Process: Federal Apostille/Authentication

• At the office of the relevant department/official.– i.e.: Marriage Bureau for marriage

certificates– Only the party whose name is on the

document can obtain it, unless you an authorization or have a power of attorney from the person

• Order online through VitalChek.– https://www.vitalchek.com

• Order in person and/or by mail.• Third parties (such as a Notary) may

be able to request on behalf of principals with an authorization/POA which might require to be notarized (may be limited to licensed attorneys).

• For educational documents, follow the procedures set up by your state.– In most states, only the school can

certify copies such as transcripts and diplomas.

Obtaining Certified Copies

• Location.– Can you provide mobile Notary

services to other Notaries?– Can you submit documents to

various government offices?– Can you partner more cost (and/or

time) to effectively meet with your customer and/or submit to government offices?

• Know-how and experience. – Working with a partner can prevent

mistakes, lower costs, and keep (repeat) customers coming back

• Wholesale/Trade Rates. – Discounts for using a partner on a

regular basis (lower cost and be a VIP)

– Offer wholesale/trade rates to encourage customers to use you often

Networking and Partnering

• Keep a logbook/Notary journal.• Make sure that everything is notarized

properly.– Helps to ensure that the

authentication process is smooth– Reduces the possibility that the

documents will be rejected– Even if not required, consider a

raised seal embosser (if allowable) • Always check to see if the country is

part of the Apostille Convention

• For non-apostille countries, check the consulate/embassy website to see what is needed.– If need be, call the

consulate/embassy– Have the proper form of payment

(check, money order, cash, credit card)

• Listen, don’t argue (but know your state’s requirements).

• Keep your cool.

Best Practices (procedural)

• At each stage, check the office’s website (or call) for detailed instructions.– Do you need to bring photocopies of

anything?– What time can you submit and pick up

documents?– What forms of payment are accepted?

• Multiple documents at the same time.– The marginal cost and time is much lower to

process documents in batches

• Time and cost to submit documents.– Local, county, state, federal and

International and CoC fees.– Partner cost to submit and collect

documents (don’t forget courier fees)– Pay yourself! (your time is valuable)– Mark up courier fees to send overseas

• Realistic time estimates.– Allow extra time (esp. for unfamiliar types of

documents and countries) to complete projects, as there are factors beyond your control.

Best Practices (business)

• https://www.dos.ny.gov/licensing/ apostille.html

• https://www.nvsos.gov/sos/businesses/apostille

• http://www.sos.ca.gov/notary/ authentication/

• https://www.gsccca.org/notary-and-apostilles/apostilles/general-apostille-information

• http://sos.ga.gov/index.php/Elections/great_seal

• https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/internl-judicial-asst/authentications-and-apostilles/apostille-requirements.html

• https://assets.hcch.net/docs/ 6dd54368-bebd-4b10-a078-0a92e5bca40a.pdf

• http://www.notary-ny.com/international.html

• http://www.vitalchek.com/Campaign?site=2&clickid=984318586263633922

Links

While all information is believed to be correct and accurate at the present time, it should not be relied upon and should not be considered to be legal or business advice. It is provided solely under the condition that the viewer independently investigate its contents for any particular purpose and under the terms and conditions of the NNA.

I am not an attorney licensed to practice law and may not give legal advice about immigration and/ or any other legal matter or accept fees for legal advice. All Notaries are individually licensed and may be either an employee or independent contractor of Notary New York.

Session Number 000

David HelmanGeneral Manager280 Madison AvenueNew York, NY 10016

notary-ny.comdavid.helman@notary-ny.com212.386.5495

June 5, 2018