Apostille vs. Legalisation: What’s the Difference?
When official documents are being used overseas, including both shipping and commercial documentation, such documents will typically need to be verified and authenticated in an official way. The country of destination will usually determine the nature and extent of the verification and authentication steps needed in that other country.
In some cases, you may be required to have a document apostilled, and in others, you may be required to have a document more fully legalised. In some scenarios, the terms apostille and legalisation may be used interchangeably. Still, when comparing the apostille definition with the definition of legalisation, there is a material difference between the two.
This article compares apostille to legalisation, including the differences and similarities between these two common processes for using documents abroad.
What is an apostille?
An apostille is a quick and easy way to certify a document originating in one country for use in another, by way of an apostille certificate. This type of authentication certificate is available to a number of countries who are signatories to the Apostille Convention and can be used to certify all kinds of public documents and other official documentation. This includes international trade documents, as well as commercial, legal, and other documents.
The Apostille Convention, more commonly referred to as the Hague Convention of 1961, eliminated the need for legalisation via any relevant embassy or consulate, in this way simplifying the formalities for the use of foreign documents in signatory countries.
Under the 1961 Convention, foreign documents issued in one country can be made fit for use in several destination countries through the use of a single apostille certificate, rather than being required to satisfy different verification and authentication steps for the far lengthier process of embassy legalisation.
When using a reputable and reliable apostille provider, such as Blair, and as long as the country in which the document to be used is a signatory country, an apostille certificate can often be obtained via 24-hour or same-day service to make a designated document valid.
What is legalisation?
Legalisation, also known as embassy legalisation, typically refers to the lengthier process used to verify and authenticate documents issued in one country for use overseas. When certain public and official documentation is to be used in a country that is not a signatory to the apostille treaty, an apostille alone will not usually suffice. Instead, you may need to have your documents legalised by the embassy or consulate of the destination country in a series of steps, including apostille certification.
Even though apostille and legalisation are terms that may be used interchangeably by different foreign authorities to refer to validating documents by one country for use in another, an apostille is essentially a streamlined form of document legalisation. Also known as attestation, certification or authentication, legalisation is a means of authenticating a formal document and verifying its legitimacy, albeit usually by following a number of different steps to satisfy certain country-specific requirements.
How do the apostille and legalisation processes differ?
Although an apostille is a form of legalisation, providing an expedited way of legalising a document, and even though embassy legalisation can often include obtaining an apostille certificate, these are two different and distinct processes. Below we look at why.
The apostille process
An apostille is a stamped official certificate in a prescribed format that is used to verify and authenticate the origins of shipping, corporate, and other documentation. This certificate will be placed on either a slip of paper attached to the document, or on the document itself, although you can also obtain an e-Apostille in lieu of a paper-based apostille.
The certificate will be dated, numbered, and registered. It will also be embossed with the official seal of the Foreign, Commonwealth & Development Office (FCDO). The FCDO is the competent authority in the UK for issuing apostilles; Blair works alongside the FCDO to assist customers in obtaining an apostille on their UK documents for use overseas.
As and when required, verification of documents apostilled by the FCDO can be carried out by any foreign authority or overseas party in receipt of the verified documentation. This can be done by means of a simple request to the FCDO as the UK issuing authority.
The legalisation process
Legalisation is the process of verifying the authenticity of a document for use in any place that is not an apostille signatory country. However, in contrast to the single-step apostille process, embassy legalisation is usually a multistep process requiring additional diplomatic authentication. Therefore this type of legalisation is far more costly and time consuming.
The necessary steps to have a document legalised can vary, depending on any agreement made between the destination country and the document’s country of issue. In the UK, legalisation requirements are determined only by the country where the document is intended to be used by the holder of that document—and not by the UK government.Embassy legalisation will usually require a sequence of authentications. This can include, for example, notarisation by a specialist solicitor, known as a notary public, as well as receiving an apostille certificate from the FCDO. It is only once any preparatory steps have been undertaken that authenticated documents, or apostilled documents, can be referred to the concerned embassy or consulate for the final part of the legalisation process.
Where a multi-step legalisation process is required, it is only once all parts of that process have been satisfied that the document will be recognised for use by the relevant officials overseas.
Should apostille or legalisation be used?
When it comes to which process should be used in the context of any “apostille vs legalisation” comparison, the single-step apostille process offers a number of advantages over any lengthier legalisation process. These include significant time and cost savings.
However, it is not usually a question of preference—the destination country will determine the nature and extent of the legalisation process that must be adopted to ensure that any documentation is fit for use in that country. For non-apostille countries, fuller embassy legalisation will often be required, although more than 120 countries are currently members of the Hague Convention and will accept apostille certificates.
Frequently Asked Questions (FAQs)
Is apostille and legalisation the same?
Apostille and legalisation both refer to the process of validating public documents originating from one country to be used in another, although an apostille is a more streamlined process available to member countries of the Hague Convention of 1961.
How do apostilles and legalisation differ?
Apostilles and legalisation typically refer to two different processes used to authenticate documents for use in foreign countries, although an apostille is a simplified form of legalisation, where Embassy legalisation also requires diplomatic authentication.
Is legalisation and authentication the same thing?
Legalisation is a form of verification and authentication, typically involving the use of an apostille certificate from the competent authority of the issuing country, as well as authentication from the relevant embassy or consulate.
How can Blair help you with document legalisation?
At Blair, we work closely with the FCDO, together with different embassies and consulates, to help meet our client’s authenticated document needs. We also provide tailored advice on the different legalisation steps that may be required for public documents and other official documentation.
To find out more about how Blair can help meet your document legalisation needs, please telephone our Sales Team on +44 (0) 1784 254123 or contact us to learn more today.
*Legal disclaimer *
The matters contained within this article are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, either express or implied, is given as to the accuracy of the blog contents, and no liability is accepted for any errors or omissions. Before acting on any of the information contained herein, expert advice should be sought.