Apostille vs. Attestation: What’s the Difference?
When referring to the process of validating a document from one country to be used in another, you may be asked for that document to first be notarised, legalised, authenticated, attested, and/or issued with an apostille. This can be confusing, to say the least, as different countries use different terms that, more often than not, refer broadly to the same process.
This article looks specifically at “apostille vs attestation”, from the differences in practice between these two commonly used processes, as well as the similarities.
What is an apostille?
An apostille is a streamlined method of document legalisation that certifies official documentation for use in another country, typically by way of a 24-hour or same-day service, provided that country is a signatory to the Apostille Convention.
More formally known as the Hague Convention of 1961, the Apostille Convention abolished the lengthy process of embassy legalisation for foreign public documents to be used in signatory countries, thereby simplifying the formalities and facilitating the use of official documents abroad. Under the 1961 Convention, rather than adopting a sequence of different types of authentications, which can be time-consuming and costly, an apostille is a faster and far more affordable way to verify the authenticity of documents for use abroad.
What is attestation?
Attestation refers to the act of authenticating and verifying the legitimacy of a formal document, involving a process in which an attestation stamp is obtained from the relevant officials. This can include an apostille.
Attestation is often used as an umbrella term for the authentication and verification of different documentation. Even though apostille and attestation are terms that may be used interchangeably by different authorities to refer to validating documents by one country for use in another, however, attestation typically refers to the lengthier process of” embassy legalisation”:https://www.blairconsular.com/en-gb/services/322/embassy-legalisation. When it comes to using a document in countries that are not a party to the Hague Convention of 1961, an apostille will not be sufficient. Instead, you will need to have a document attested.
How do apostilles and attestation differ?
In practice, apostilles and attestation typically refer to two different processes used to authenticate documents for use in foreign countries, and while they serve similar purposes, they also have a number of key differences. These differences not only include the way these terms can be defined, but also the processes and timeframes involved for each.
The different definitions
An apostille is a certificate that authenticates the origin of a public document for use in countries that are members of the Hague Apostille Convention, while attestation is the process of verifying the authenticity of a document for use in any place that is not a member country.
More than 120 countries are members of the Hague Convention and will therefore accept apostille certificates, provided the certificate was issued in the document’s country.
The different processes
An apostille is a single-step process, evidenced by the issuance of a single apostille certificate by a competent authority in the place where the document originates, without the need for any additional diplomatic or consular legalisation. The certificate will show that the document is authentic and issued by an official authority in the country of origin.
In contrast, the procedure for attestation is a multistep process, typically involving several authorities or government agencies. The attestation process can include an apostille, depending on the type of document to be legalised and the issuing and/or destination country, but will also require additional steps, including at least being stamped by the concerned embassy or consulate for the country where the document will be used. The stamps that consular officials issue to documents are commonly referred to as attestation.
The different timeframes
An apostille is a streamlined process that reduces the administrative burden associated with lengthier attestation processes. As such, an apostille can often be obtained either on the same or following day, while attestation by way of embassy legalisation can take far longer. This is because attestation involves additional authentication steps, including verification by the relevant embassy or consulate of the country where the documentation will be used.
Do UK documents need to be apostilled?
A wide range of UK documents may need to be apostilled in order to be used overseas, including trade and commercial documents, legal documents, and any personal documents. The competent authority for issuing apostilles in the UK is the Foreign, Commonwealth & Development Office (FCDO).
It is important to remember that even though the terms “apostille” and “attestation” can be used interchangeably, they can also have different meanings in different contexts. As such, it is recommended that clarification is sought as to exactly what is required by the relevant authorities of the particular country to whom any document will be presented.
Frequently Asked Questions (FAQs)
Are apostille and attestation the same?
Apostille and attestation both refer to the process of legalising a document from one country to be used officially in another, although an apostille specifically refers to the more streamlined process available to member countries of the Hague Convention of 1961.
How do apostilles and attestation differ?
Apostilles and attestation typically refer to two different processes used to authenticate documents for use in foreign countries, and while they serve similar purposes, attestation usually involves additional authentication from the relevant embassy or consulate.
What is normal attestation and additional attestation?
Normal attestation refers to a single-step process, whereas documents are “apostilled” in the UK by the Foreign, Commonwealth & Development Office. Additional attestation is usually where the concerned embassy or consulate for the country where the document will be used must also provide its official stamp.
How can Blair help you with an apostille or attestation?
At Blair, we work alongside the FCDO to assist our clients in obtaining an apostille on their UK documents where necessary. We can also advise on the different circumstances in which an apostille attestation alone, without additional authentication steps, will be sufficient, or whether attestation will also be needed by way of embassy legalisation or more.
If you are looking to have international trade or commercial documents attested, our experienced attestation and apostille team will be happy to answer any enquiries.
To discuss our apostille or attestation services, including international attestation and any other legal requirements, please contact our sales team on +44 (0)1784 254123 or complete our online contact form to learn more.
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.