Update: Since the original publication of the video below, the number of nations participating in the Hague Convention has changed. A current list of member nations is available at the Hague Convention’s website. — The Editors.
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Mobile Notaries across the country constantly look for ways to grow their business. One way they do this is by adding services, and an example of this is apostille services. This service fits nicely with a Notary business because customers often ask Notaries to provide apostilles.
While Notaries cannot issue apostilles — only an authorized state agency can do so — you can earn extra income by assisting customers in getting their documents in the correct form to be accepted by the agency that issues apostilles.
There are a number of elements you need to understand as you consider adding this service to your business:
In the modern world, countless documents are signed and sent between countries, many of them notarized or including the signature of some other public official. The challenge for individuals receiving the documents is knowing whether the Notary’s signature is legitimate.
An apostille is a certificate issued by a government agency verifying the authenticity of the signature of a Notary Public or other public official. In other words, an apostille confirms that the seal and signature of the Notary on a document is valid, and the notarization can be accepted by the receiving agency in the foreign country.
They are specifically used for documents going to the 156 signatories to the Hague Apostille Convention. Documents sent to countries that are not part of the Hague Convention may require additional certification from the U.S. Department of State.
An apostille agent assists customers in obtaining apostilles or authentications.
However, it’s important to make one thing clear: You (the Notary) do not issue apostilles or attach them to documents. That is the role of the state agency authorized to issue apostilles, usually the Secretary of State’s office.
Only an authorized government agency can place the actual certificate of apostille on the document. However, an apostille agent can provide other valuable services to assist customers in need of apostilles, as described below.
Apart from notarizing the signatures on a document, an apostille agent can provide a variety of services.
For example, an agent can provide courier services to deliver notarized documents requiring apostilles to the appropriate agency. This might entail sending the notarized document, a check for the processing fee, the apostille request form and a return mailing label to the apostille-issuing agency on the customer’s behalf. The agency would then process the request, attach the apostille and mail the document with the apostille back to the Notary or the customer.
Apostille agents may also contact the issuing agency on the customer’s behalf to request instructions related to obtaining an apostille. For example:
Because apostille services are not part of your duties as a Notary, the fees you charge are not limited by your state Notary laws. As such, you may set your fees for those services at your discretion. You should consider the following factors when deciding what to charge:
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Remember that fees you charge for apostille-related services (such as submitting documents to the issuing agency on a customer’s behalf) should be charged and recorded separately from your fees for notarial acts, which are regulated by your state’s Notary laws.
Like any new business service you decide to offer, becoming an apostille agent involves a learning curve. However, it can also be profitable and enjoyable.
In my experience, becoming an apostille agent affords you several benefits.
It complements traditional Notary businesses very well. You will have numerous opportunities to offer apostille business services to your existing customers. I do quite a bit of general notarization work and never miss a chance to tell a client that I am also an apostille agent. Often that client has never heard of an apostille. I explain what it is, give them my business card and wait for the to ring — and it has.
It’s very easy to offer apostille agent services as either a part-time or full-time business because you have a flexible schedule. If you work out of a specific location, you can arrange appointments to accommodate your own schedule. If you are a mobile Notary, you may want to charge a travel fee to go to the client to pick up the documents and deliver them back to the client.
Many Secretaries of State are now accepting documents for apostilles that have been notarized using remote online notarization (RON). If you are authorized to perform RONs, you might remotely notarize documents and then offer services sending and delivering remotely notarized documents requiring apostilles to issuing agencies for your clients.
Here are important details about apostilles you should know if you want to offer apostille agent services:
Every apostille is issued by the government agency (usually the Secretary of State’s office) in the state where the document ORIGINATED. For example, let’s say our client went to school in California, now lives in Pennsylvania and needs an apostille for his California school diploma. Because the diploma was issued in California, the apostille must be obtained from the California Secretary of State’s office.
The destination country may affect whether the customer needs authentication documentation instead of an apostille. In , many countries joined the Hague Convention, which allows expedited authentication of documents sent between member nations. Most countries in the world are members of the Hague Convention, but some are not.
If the destination country is NOT a member of the Hague Convention, the document may require additional paperwork from the U.S. Department of State in addition to the apostille. In some instances, a client may also want you to present the documents to an embassy of the destination country on their behalf.
So you will need to ask clients several important questions:
If you decide to add being an apostille agent to your business, it can be a profitable and enjoyable line of work.
Judith Lawrence is a Notary, educator and apostille agent, and is the author of the upcoming book ‘The Not So Secret Guide To International Document Service.’ For more information, please visit her website.
Both apostilles and certifications are used by foreign governments to assess the authenticity of an official signature on a document; the capacity in which the person signing the document acted; and the identity of any stamp or seal affixed to the document. When the Department of State authenticates a document with an apostille or certification, the department verifies that the person who signed the document is a Pennsylvania official and the Secretary of the Commonwealth has given "full faith and credit" to the official's seal and signature.
Since October 15, , the United States has been part of the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents. The Convention provides for the simplified certification of public (including notarized) documents to be used in countries that have joined the Convention.
Under the Hague Convention, signatory countries have agreed to recognize public documents issued by other signatory countries if those public documents are authenticated by the attachment of an internationally recognized form of authentication known as an "apostille." The apostille ensures that public documents issued in one signatory country will be recognized as valid in another signatory country. Apostilles require no further diplomatic or consular legalization.
At this time the following countries and territories have accepted the Hague Convention.
For documents intended for use in countries which are not signatories to the Hague Convention, the Department of State attaches a certification. Note that unlike apostilles, which require no further legalization, certificates of authentication may require further diplomatic or consular legalization before being sent overseas. This may require further authentication by the U.S. Department of State and the Foreign Embassy of the country of intended use.
A certification performs the same duty as an apostille; however, its appearance and places of use are different.
Although apostilles and certification serve the same purpose, substituting one for the other will delay the use of your documents. It is essential that you inform the Department of State as to where the documents are to be used.
The apostilles and certifications issued by the Secretary of the Commonwealth are attached to the dossier document exclusively by means of a staple. This is the only procedure for attachment in Pennsylvania. Pennsylvania state law and custom do not allow for the documents to be sewn, riveted, glued or attached together by ribbons. Pennsylvania also does not number pages or affix seals for purposes of sealing documents together. It is furthermore the understanding of this office that the Special Commission of the Hague Conference on Private International Law concerning the practical operation of the Hague Apostille Convention concluded that stapled documents meet the obligations of the Hague treaty.
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