In short, an Apostille authenticates the signature of a public official on a document that is intended for use outside of the United States of America. An Apostille does not bear witness to the authenticity of the actual contents of the document, but rather to the authenticity of the signature of the official who signed the document and the authority in which that official acted. In essence, an Apostille is an extra step of precaution that is taken in order to ensure the integrity of the identity of the signatory and the officials certifying his or her identity.

For example, you have in your possession a document, such as a Power of Attorney, that has been issued by your company for use in an international document signing transaction. In order to obtain an Apostille for this particular document, you must first seek out a notary public who will verify your identity as the signatory and seal the document with an official notarial certificate and the stamp that was issued by the Secretary of State.

Then, you must submit the officially notarized document to the County Clerk or Recorder to substantiate the fact that the notary public who verified your identity as the signatory is appropriately commissioned and in good standing with the state. Once this step is completed, you must submit the duly certified document to the Secretary of State in order to authenticate the signature of the County Clerk or Recorder.

When all of these conditions are met, the Secretary of State will affix an Apostille to your original notarized document, thereby legalizing it for use in foreign countries. Again, the Apostille does not authenticate the contents of the document, but rather the integrity of the identity of the signatory and the officials certifying his or her identity.

What types of documents require an Apostille?

The following are common types of documents that ordinarily require an Apostille for use in another country:

  • Birth Certificates
  • Marriage Licenses
  • Death Certificates
  • Power of Attorney
  • Background Check
  • Papers for Adoption Purposes
  • Certificates of Non-Marital Status
  • Mortgage Loan and Real Estate Documents
  • School Records, such as Diplomas and Transcripts
  • Corporate Documents, such as Articles of Incorporation, Certificate

of Good Standing, Bylaws, Mergers, Amendments, etc.

 

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