Legalisation and apostille

Not all documents need notarial certification to be deemed ‘public documents’ and capable of legalisation.  For example:

• GRO Official copies of birth, marriage and death certificates,

• Companies House documents signed or certified in wet-ink by an Authorised Signatory on behalf of the Registrar,

• Sealed or signed court documents,

• HMRC Certificates with a wet-ink signature and

• ACRO certificates initialled by a police officer.

​

A correctly notarised original document executed in England and Wales is considered to be a public document.  This is important in relation to the 1961 Hague Convention (the Apostille Convention).  It is an international convention of countries, currently with a membership of 91.    An apostille is an authentication certificate issued by an authority designated within the legal jurisdiction of the particular member country.   In England and Wales, this is the UK Foreign, Commonwealth & Development Office (FCDO).  A sticker (wafer) is either placed on the document itself, or on a separate slip (called an allonge), which is then affixed to the document.  The notarial certificate often forms the allonge, and the underside is sealed and signed by an officer of the FCDO. This confirms the seal, signature and current practising status of the notary and validates the document to be used abroad pursuant to the Apostille Convention.  It does not certify the content of the document for which it was issued.  This process is referred to as ‘legalisation’ and greatly simplifies the process as the notarised document will now be recognised as a foreign public document.

​

Notarised documents to be used in countries which are part of or had historic ties to The Commonwealth are usually accepted without legalisation.  Similarly, with Crown Dependencies or British Overseas Territories. However, there are exceptions, including Cameroon, Mozambique and Cyprus.   The position in the USA is more complicated and depends upon the rules of the particular state concerned.  There can be complications as to acceptance of the legalised document in parts of India (see below).

 

Whilst an apostille may be issued in electronic form in limited circumstances, currently, notarial acts carried out by us are for submissions in paper form only.  

​

Consular Attestation

Some countries are not members of the Apostille Convention.  This generally, means that following legalisation of the notarised document it must be further authenticated by the diplomatic mission of the country where it is to be used (including the Kingdom of Saudi Arabia, China and the United Arab Emirates). This is carried out by a consulate or high commission in London (and some, also, in other UK cities).   The terms "consularisation" or "super legalisation” are sometimes used. Some documents which are notarised and then legalised at the FCDO may still need to be consular attested even when the country concerned is a member of the Apostille Convention; for example, a copy of an educational degree for use in Italy.

 

The relevant consulate provides an appointment time during which it checks that the signature of the FCDO representative and the seal of the FCDO before approving (stamping) the document on before of their own government.  Some accept postal submissions only and/or are moving on to online procedures. The foreign recipient can then accept it as a ‘public document’. It is essential to know at the outset if consular attestation is required.   In relation to India, it may be that consular services only are required.  Therefore, it is simpler for the document to be notarised at the Indian High Commission (in London or Birmingham) where a consular officer can act as the notary.

​

How we can help

The rules of the jurisdiction of each country dictate how a public document here is accepted there.   We will need to see the document and be advised as to where it is to be used. We can then give you a better indication as to the procedure, timescale and cost. Following notarisation, we can:

• limit our services to the notarisation itself or

• further assist with both legalisation and consular attestation 

​

The FCDO offers a Standard Service (up to 15 working days turnaround dependent upon workload) and an Express Service in which the document is delivered and returned, in person, next working day or the day after (depending when the agent receives the document). More detail as to the procedure involved and the cost of legalisation at the FCDO is shown here: Get your document legalised: Overview - GOV.UK.  ​Because the Express Service is limited to ‘registered users’ and the Standard Service involves a lengthy wait, we recommend consular agents. They have expertise and other skills in dealing in this area and will undertake the Express Service on your behalf.

They can, also, offer a service with a 3-4 working day turnaround service, at a slightly reduced charge.

​

For consular attestation, we recommend agents act on your behalf in ensuring that when your legalised document is returned from the FCDO that the correct procedure for submission is undertaken and any appointment time is met. . Turnaround times for consulates vary significantly and it is very difficult to request and be provided with an expedited service.  The document will, usually, be returned to us.  You can then either collect this in person or we can send it to you by recorded post or courier.

​​

We will provide you with additional written guidance on the above during the course of your instruction including the fees for the various services.

​

Fees, Invoicing and payment

We refer to this in more detail in our section - Fees and Terms of Business. In brief, where we assist with legalisation and consular attestation, we charge a small arrangement fee and will, also, pay the agents fee on your behalf.  These are treated as additional disbursements and collected at the same time as the agreed amount for our fee and other disbursements. This is, generally, paid prior to or at our meeting.  This can be in the form of card or by direct bank transfer and a receipted invoice will be provided.

​