Apostille legalisation’ and ‘Notary Public’ are terms that often come up when dealing with international documents, leaving many people confused. Some people think it is a complicated legal process, while others assume it is only needed for certain types of documents.
Unfortunately, there are many myths surrounding apostilles and public notaries, and believing them can lead to unnecessary stress and delays. If you’re planning to work, study, get married or do business abroad, understanding how apostilles work could save you a lot of time and frustration. In this article, we debunk five myths regarding Notary Public and Apostille Legalisation.
Apostille legalisation only applies to certain documents.
While certain documents are commonly apostilled, virtually any public document can undergo the apostille process.
Apostilles are not only used for legal contracts, business agreements or government documents. In fact, they are often required for everyday paperwork such as birth and marriage certificates, diplomas and, in some cases, personal letters.
You may need an apostille for personal documents if you’re moving abroad, applying for dual citizenship, getting married overseas or handling inheritance matters in another country. Educational documents such as university degrees or transcripts often require apostilles for foreign job applications or further studies abroad.
Any official document that needs to be recognised outside of South Africa may require one.
Apostille and notarisation are the same thing.
Although both an apostille and notarisation guarantee the legal validity of a document, they are not the same thing.
Notarisation is a local process used to verify and prevent fraud in South Africa. An apostille is an internationally recognised certification issued by the government that verifies the official who notarised or signed your document has the legal capacity to do so. It makes documents legally recognised in other countries that are signatories to the Hague Convention.
Notarisation verifies a copy of a document, the identity of the person signing the document and confirms that the signature was made voluntarily. An apostille, on the other hand, verifies the authority of the public official who issued the document. In most international use cases, notarisation is the first step, and an apostille is the second step, but only if the receiving country or authority requires formal international authentication.
Notaries can issue apostille certificates.
The most common misconception is that a notary public can issue an apostille for a document to a customer on the spot. This is one of the biggest myths held by the public, and even some new notaries are confused about it. Notaries do not issue apostilles. They cannot create, sign or affix it.
This authority rests solely with designated government offices, such as the High Court or DIRCO in South Africa.
Notaries are limited to verifying signatures, witnessing documents or certifying copies; they do not have the legal power to certify documents for international use.
Documents must be certified by notaries before Apostille legalisation.
Another important point: Not all documents require notarisation before an apostille certificate can be obtained in South Africa. Government-issued public documents, such as original birth, marriage and death certificates, can usually be apostilled directly. However, private documents such as powers of attorney and affidavits, as well as certified copies of records, must be notarised first..
In fact, notaries are not permitted to apostille original copies of government-issued documents. Only the Department of International Relations and Cooperation (DIRCO) can authenticate original copies of these documents.
An apostille certificate makes your document legally valid anywhere in the world.
It would be convenient if an apostille guaranteed worldwide acceptance, but that’s not the case. Apostilles only work between countries that are part of the Hague Apostille Convention.
If the country in which you intend to use your document is not a signatory to this convention, an apostille will not suffice. Instead, your document may require further legalisation steps, such as authentication by the relevant embassy..
Any questions? Get in touch
Don’t let myths and misconceptions derail your plans. Whether you’re applying for a visa or expanding your business overseas, we can simplify and streamline the apostille process.
Hague Apostille by Global Apostille is a top-rated apostille agency in Cape Town. We are a registered agent with the Department of International Relations and Cooperation (DIRCO). We offer the best apostille services in Cape Town and the Western Cape.
Tel: +27 12 348 3134; Mobile: +27 81 347 6060; Email: info@apostillelegalisation.co.za
