Notaries are often the first professionals that people turn to when they need documents prepared for use overseas. Many people assume that a notary will issue a Hague Apostille, but this is not the case.
Although notarisation and Hague apostille certification are related, they are distinct legal processes. Failing to complete either step correctly can result in rejected submissions, processing delays and unnecessary costs.
At Hague Apostille by Global Apostille, we help individuals and businesses navigate both processes with confidence. Understanding the difference between notarisation and apostille certification is the first step. Find out if a notary can issue a Hague apostille in Cape Town and how professional services, such as Hague Apostille by Global Apostille, can help when you need documents recognised internationally.
What Is Notarisation?
Notarisation is the process by which a public notary in Cape Town verifies the authenticity of a document and the identity and signatures of those who have signed it. Notarisation can include:
- Witnessing signatures
- Certifying that a copy matches the original
- Issuing a Notary Certificate
Notaries are important, but they do not apostille documents. They simply certify that the document is genuine and was signed under the correct legal conditions. They help to prevent fraud by checking identification, recording the transaction and applying their seal. However, while notarisation confirms that a document was signed properly, the process alone does not make a document valid for international use.
Certain documents must always be apostilled as originals. This applies to birth, marriage and death certificates, which can only be legalised using the original document. Police clearance certificates and medical certificates are also issued with the apostille on the original certificate.
Some documents may also require both notarisation and an apostille. For example, a parent consent letter may first require notarisation and then an apostille for use in another country.
What Is Hague Apostille?
An apostille is a type of certification issued by the Department of International Relations and Cooperation (DIRCO) or the High Courts. It confirms that a document is either an original South African government document or a document that has been notarised by a notary public in South Africa. It confirms the authenticity of the signature, seal or stamp on the document, as well as the authority of the person or organisation that issued it.
An apostille certificate is only recognised in countries that have signed the Hague Apostille Convention. The convention simplifies the process of authenticating documents for international use. Under the Convention, participating countries recognise apostilles as valid certifications for documents issued by other participating countries. Please refer to our list of countries that accept Apostilles.
Common records that require an apostille include:
- Birth, marriage, and death certificates
- Police clearance certificates
- Diplomas, transcripts, and teaching certifications
- Power of attorney documents
- Business agreements and contracts
- Divorce decrees
- Adoption papers
- Notarised affidavits
Can a notary issue a Hague Apostille in Cape Town?
Notaries play a role in the apostille process, but they cannot issue apostille certificates. Notaries verify documents that may later require an apostille, but the final certification must come from the relevant government institution, usually the High Court.
If you’re seeking an apostille, here’s what you need to know:
- A notary must notarise the document before an apostille can be requested. The courts will not issue an apostille for a document that requires notarisation but does not have one.
- The courts will verify the notary’s signature and seal. When submitting a notarised document for an apostille, the High Court will confirm that the notary was actively commissioned at the time of notarisation.
- Only certain types of notarised documents qualify for an apostille. While personal, business and legal documents may require notarisation before an apostille, some government-issued records, such as birth certificates, must go directly to the Department of International Relations and Cooperation (DIRCO) without notarisation.
The process can be confusing and time-consuming, especially for those unfamiliar with international requirements.
Get Your Documents Certified the Right Way
The apostille process can be complicated, and even minor errors such as incorrect notarisation, missing details or submitting the wrong documents can lead to costly delays or even rejection. If your documents are time-sensitive due to work, immigration or legal matters, such setbacks can be extremely frustrating and stressful.
Avoid unnecessary delays and mistakes. Hague Apostille by Global Apostille ensures your paperwork is processed correctly the first time, saving you time and hassle. Need an apostille quickly? Let Hague Apostille by Global Apostille take care of it so you can focus on what really matters.
Tel: +27 12 348 3134; Mobile: +27 81 347 6060; Email: info@apostillelegalisation.co.za
