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What Notaries Need to Know About Apostilles: Clearing Up Common Misunderstandings

As notaries, we’re often the first professionals people turn to when they need documents prepared for use overseas. And while we play an important role in the process, it’s equally important to understand — and communicate — what our role isn’t.
After reading a recent article on apostilles, I found myself reflecting on a few key points that every notary should keep in mind. These points aren’t just technicalities; they protect the signer, the notary, and the integrity of the apostille process.

Let’s break down the essentials in a clear, practical way.

1. Notaries Do Not Issue Apostilles — Only the Secretary of State Does

This is one of the biggest misconceptions the public has, and sometimes even new notaries misunderstand it. An apostille is not a notarization. It is not a certificate a notary can create, sign, or attach. It is not something we “approve.”

An apostille is issued only by the Secretary of State (or the U.S. Department of State for federal documents). Their job is to verify:
•     The notary’s commission
•     The authenticity of the notary’s signature
•     The validity of the notary’s seal
•     That the notarization meets state requirements

Once they confirm all of that, they attach the apostille certificate. Notaries never issue, sign, or authorize apostilles — we simply notarize documents that may later be submitted for one.

2. Notaries Should Only Notarize Documents That Require Notarization

Another important point: not every document going through the apostille process needs to be notarized. In fact, many official documents — such as certified vital records — must not be notarized at all.

Examples:
•     Birth certificates
•     Marriage certificates
•     Death certificates
•     Divorce decrees
•     Court‑issued documents

These documents already carry their own certification from the issuing agency. Adding a notarization to them can actually invalidate the document for apostille purposes.

A notary should only notarize a document when the document requires notarization and when the signer is present and eligible for notarization. If a client brings a document that shouldn’t be notarized, it’s our responsibility to explain that notarization is not appropriate.

3. Accuracy Matters: The Notarization Must Be Completed Correctly

If a document does require notarization before being submitted for an apostille, the notary must ensure the notarization is flawless. The Secretary of State will review the notarization carefully before deciding whether to attach an apostille.

This means:

  • The notarial certificate must be the correct type (acknowledgment, jurat, etc.)
  • The certificate must be fully completed — no blanks
  • The signer must appear in person
  • The notary’s seal must be clear, complete, and compliant
  • The notary’s signature must match their commission
  • The date must be accurate
  • No unauthorized changes or corrections

If anything is missing or incorrect, the Secretary of State will reject the document. That leads to delays, frustration, and additional costs for the signer.

4. The Secretary of State Reviews Everything Before Issuing an Apostille

Once the notarized document is submitted, the Secretary of State doesn’t simply attach an apostille automatically. They verify:

  • The notary’s commission status
  • The notary’s signature on file
  • The seal impression
  • The certificate wording
  • The document type
  • Whether the notarization complies with state law

Only after this review will they attach the apostille certificate. This is why proper notarization is so important — the apostille process depends on it.

Final Thoughts

Notaries play a vital role in the apostille process, but our role is specific and limited. We don’t issue apostilles, we don’t certify documents for international use, and we don’t decide which documents require notarization. What we do is ensure that any notarization connected to an apostille request is completed correctly, legally, and professionally.

Understanding these boundaries protects everyone involved — and helps us serve our clients with confidence and clarity

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