Apostille vs. Authentication: What’s the Difference?
Where public documents, administrative documents, and legal documents from one country need to be certified for use in another, the regulatory rules for any given country may require that document to be issued with an apostille or otherwise authenticated. These terms can cause confusion, not least as different countries can also use other terms, such as legalisation, attestation, and notarisation, or use the same terms to mean different things.
The following blog looks specifically at “apostille vs authentication”, including both the differences and similarities between these two commonly used processes.
What is an apostille?
An apostille is a quick and easy way of legalising both public documents and other types of official documentation, using an apostille certificate. This type of authentication certificate can be used to certify all kinds of documentation issued in one country for use in another, including international trade documents as well as commercial and legal documents.
In many cases, especially when using a reputable and reliable service provider such as Blair, an apostille certificate can be obtained on either a 24-hour or same-day service. However, to take advantage of this streamlined method of authentication, the foreign country in which the document is to be used must be a signatory country to the Hague Convention.
The Hague Convention of 1961 abolished the traditional and lengthier requirement of embassy legalisation, replacing this often time-consuming and costly process with the issuance of a single apostille certificate by a competent authority in the place from which the document originates. For signatory countries, the apostille ensures a fast and affordable process for simplified certification or authentication.
What is authentication?
Broadly speaking, having a document authenticated refers to the act of certifying that a particular document has been issued by an official authority in its country of origin, and that the document’s signature, stamp, or seal is genuine.
In most cases, the term authentication is typically synonymous with the term embassy legalisation, although legalisation is itself an umbrella term for different processes. As such, authentication can refer to a number of different processes where a document will need certain stamps or certification to be fit for use overseas. This includes but is not limited to an apostille for convention countries.
What are the different types of authentication?
There are various ways in which documents issued in the UK or other countries for use overseas can be authenticated. Essentially, authenticating a document can involve any process in which a stamp or certificate is obtained from the relevant officials.
In addition to the streamlined apostille process, the longer and far more complex way to verify the legitimacy of a formal document is by way of embassy legalisation. In scenarios where the overseas destination in which the document will be presented is a non–apostille member country, additional diplomatic or consular legalisation will often be necessary.
Other forms of authentication include attestation, although this is an expression synonymous with both apostille and the lengthier process of embassy legalisation—all of these terms can be used interchangeably by authorities in different countries. The term “authentication” may also be commonly used in the context of notarisation.
Notarisation, or notarial acts, refer to a document being signed by a notary public, such as an affidavit or power of attorney, although this may represent only the very first stage of a far lengthier legalisation process. A notary public is an internationally recognised legal professional with the authority to certify the authenticity of and signatures to certain documents, primarily for use overseas. A notary public can also issue certified copies of an original document.
How are documents authenticated by embassy legalisation?
The steps that must be taken 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.
However, where embassy legalisation is required, a sequence of different types of authentications is often required. This process could start with notarisation by a specialist solicitor, before being referred to the Foreign, Commonwealth & Development Office (FCDO) for an apostille certificate to verify any signature, stamp, and/or seal.
Having gone through these preliminary authentication or attestation stages, the document can then be submitted to the embassy or consulate office concerned for the final part of the legalisation process. In cases where a multistep process is required, it is only at this stage that the document in question will be recognised for use by the relevant officials overseas.
Do UK documents need to be authenticated?
A number of different documents may need to be authenticated in order to be used overseas, including various documents commonly used in an export and corporate context. The FCDO is the competent authority for issuing apostilles in the UK, although the country-specific guidelines for the relevant destination may require further authentication, including both the apostille certificate and an embassy stamp.
FAQs about apostille vs. authentication
What is document authentication?
Document authentication can include a number of different processes. Some documents may need an apostille certificate, or they may have to go through the lengthier process of embassy legalisation, which may first require notarisation.
What is the difference between apostille and authentication?
Apostille and authentication both refer to the process of legalising a document from one country to be used officially in another, although authentication is often used as an umbrella term for all types of legalisation stages, including an apostille for any signatory country to the Hague Convention.
How do you get documents authenticated or apostilled?
In the UK, the way in which a document is authenticated will depend on the guidelines of the destination country, which could involve multiple steps, although the FCDO is responsible for issuing single certificates for apostille-convention countries.
How can Blair help you with document authentication?
Here at Blair, we work closely with the FCDO and various embassies and consulates to help meet our client’s documentation and certification needs, together with a network of notaries public for clients needing a certified copy of any document. We can also provide tailored advice on the different authentication steps required for different destinations, where we will be happy to discuss any enquiries you may have, either by telephoning +44 (0)1784 254123 or by completing our online contact form.
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.