A property purchase in Spain, a power of attorney for the UAE, or company documents for an overseas bank can all be delayed for the same reason: the document has been authenticated in the wrong way. Apostille vs notarisation explained simply: notarisation confirms the document or signature through a Notary Public; an apostille is a separate government certificate that allows certain UK public documents to be recognised abroad.

The distinction matters because neither process automatically replaces the other. A foreign authority may require notarisation only, an apostille only, or both in a particular order. Getting that order right before you sign can save time, repeat appointments and the cost of having documents reissued.

Apostille vs notarisation explained: the essential difference

Notarisation is performed by a Notary Public. A notary checks identity, capacity and willingness to sign, and considers whether the document has been properly executed for its intended overseas use. The notary may witness a signature, certify a copy as a true copy of an original, administer an oath or declaration, or prepare a notarial certificate. Their signature and official seal create a formal record that foreign organisations can rely on.

An apostille is not issued by the notary. In the UK, it is issued by the Foreign, Commonwealth & Development Office (FCDO). It verifies the signature, seal or stamp of a UK public official on the document. Where a notary has signed and sealed a document, an apostille confirms that the notary is properly registered and that their signature is genuine.

An apostille does not confirm that the underlying document is true, valid or commercially sound. It authenticates the official signature or seal to which it is attached. That is why careful notarisation remains crucial where a document is being signed, certified or declared for use overseas.

When you need notarisation

Notarisation is commonly required where an overseas lawyer, bank, court, registry, university or government body needs confidence in the identity of the person signing or in the authenticity of a copied document.

For individuals, this may include powers of attorney, affidavits, statutory declarations, passport copies, qualification certificates, marriage documents or paperwork for an overseas property transaction. A notary will normally need to see the original document and satisfactory identification, usually photographic ID and proof of residential address. Depending on the document and destination, further evidence may be needed.

For businesses, the process often involves greater detail. Company powers of attorney, board resolutions, certificates of incorporation, contracts and documents appointing overseas agents may need notarisation. The notary must establish who has authority to sign for the company and check the relevant corporate records. A director’s signature alone is not always enough.

Notarisation is therefore more than witnessing a signature. It is a legal process requiring professional judgement, a clear audit trail and an understanding of the receiving country’s formalities.

When you need an apostille

An apostille is usually required when a UK document is to be used in a country that is a party to the Hague Apostille Convention. Common destinations include Spain, France, the United States and many other jurisdictions. The receiving organisation may ask specifically for an “apostilled” document or refer to FCDO legalisation.

Some documents can go directly for an apostille. Examples may include an original UK birth certificate, a court-issued document or a certificate issued by Companies House, provided the signature or seal is one recognised for legalisation.

Other documents need notarisation first. A private power of attorney, certified passport copy or a company document signed before a notary will generally be apostilled after the notarial act. The apostille is then attached to, or associated with, the notarised document.

The key question is not whether a document looks official. It is what the overseas recipient has requested and how the document was created. A scanned copy, an unsigned form or a document printed from an online portal can require a different route from an original public certificate.

The usual order: notarise first, apostille second

Where both are required, the usual sequence is straightforward: first, the Notary Public completes the notarial act; second, the document is submitted to the FCDO for an apostille.

Trying to arrange the apostille first can create a problem. If the receiving authority later insists that the document must be notarised, the original apostille may no longer relate to the final signed and sealed document. The process may have to start again.

There are exceptions. An overseas authority may accept an apostille on an original public document without notarisation, or it may prescribe a particular wording, form of certification or signing procedure. For this reason, the request from the foreign authority should be checked before an appointment is arranged. A photograph or email instruction is often useful, particularly where the request is not in English.

Apostille, notarisation and consular legalisation are not the same

Apostille legalisation applies to participating Hague Convention countries. If the destination country is not part of that convention, a further stage may be needed after notarisation and FCDO legalisation. This is commonly called consular or embassy legalisation.

Countries such as the UAE, Qatar, Saudi Arabia and China may require this additional authentication route, although requirements can change and can differ by document type. The relevant embassy or consulate may also have rules about translations, Ministry of Foreign Affairs stamps or the form of the supporting documents.

This is where a simple instruction such as “please get this legalised” needs unpacking. Legalisation can mean an apostille alone, or it can refer to the full chain of notarisation, FCDO legalisation and consular endorsement. The destination, recipient and document all affect the answer.

Common mistakes that lead to rejection

The most frequent issue is signing too soon. Many documents must be signed in the notary’s presence. Signing in advance can mean a new version is required, particularly for powers of attorney and declarations.

Another common problem is relying on general advice from a friend, estate agent or online forum. A Spanish property lawyer, an American university and a Dubai authority may all use the word “notarised” differently. The receiving body’s written requirements should take priority.

Corporate documents also require preparation. If a company document is to be signed, have available the company number, current Companies House information, constitutional documents where relevant, board minutes or resolutions, and evidence of the signatory’s authority. This allows the notary to assess the matter efficiently and reduces the risk of a second appointment.

Finally, allow for translation. A document may need a certified translation before or after notarisation, depending on the foreign authority’s rules. Translating a document after it has been apostilled can be unhelpful if the translated version itself must be notarised or legalised.

Can documents be notarised remotely?

Remote electronic notarisation can be suitable in certain circumstances, particularly where the document is intended for a recipient that accepts electronic execution and an electronic notarial certificate. However, overseas acceptance is not universal. Some authorities still require wet-ink signatures, physical seals and a paper apostille.

Convenience should never override the recipient’s formal requirements. Before choosing a remote route, confirm whether the receiving organisation accepts electronically notarised documents and whether an apostille or consular legalisation can be obtained in the required form.

What to prepare before speaking to a notary

A short amount of preparation makes the process faster. Have the final document, the destination country, the recipient’s instructions and a realistic deadline ready. Bring original identification and proof of address, and do not sign documents that may need witnessing unless you have been told to do so.

For company matters, identify the signing authority early. For personal documents, provide the original certificate where possible rather than a photocopy. If you need an apostille or embassy legalisation after notarisation, say so at the outset so the correct route can be arranged.

White Horse Notary Public assists clients across London and the wider UK with notarisation, apostilles and country-specific legalisation requirements, including urgent and mobile appointments where appropriate. Clear instructions at the beginning allow the correct service, timing and costs to be confirmed before documents are committed.

The safest approach is to treat overseas document formalities as a chain: establish what the foreign recipient needs, notarise where required, then obtain the appropriate apostille or further legalisation. A document that is correctly prepared from the first signature is far more likely to be accepted when it reaches its destination.