Apostilles and
Authentications
What do you need to know?
Agenda
• What are apostilles and
authentications?
• What are they used for?
• Who is allowed to attach apostilles and
authentications to documents?
• What is the process for obtaining an
apostille or authentication?
• What types of documents can be
certified?
• What types of documents cannot be
certified?
• What about electronic notarizations—
can apostilles be attached?
What is an
Apostille or
Authentication?
• An apostille or an authentication
certifies the authenticity of the
signature, seal and position of the
official who has executed, issued or
certified a copy of a public document.
• Both enable a public document issued
in one country to be recognized as valid
in another country.
• Does NOT certify or validate the
content of the document getting the
apostille
• Only for use on documents that are to
be sent overseas
• Not valid for use on documents to be
used within the U.S., or U.S. territories
or possessions
Which
Countries
Receive an
Apostille or
Authentication?
• Authentication certificates for
countries belonging to the Hague
Convention are called apostilles
http://www.hcch.net/index_en.ph
p?act=conventions.text&cid=41
• Countries that are not part of the
Hague Convention (non-signatory
countries) receive an
authentication
• In Oregon, the Secretary of State
uses the same certificate for both
apostilles and authentications
What is the
Hague
Convention?
• The Hague Convention of 1961 Abolishing the
Requirement of Legalization of Foreign Public
Documents is an international treaty. The
United States signed this treaty on October 15,
1981
• The convention simplified the authentication
process of public documents to be used in
nations that are members of the 1961 Hague
Convention
• Only those nations party to the Hague
Treaty recognize the apostille certification (for
current members see their website:
https://www.hcch.net/en/states/hcch-members)
The goal was to simplify the international exchange
of documents by providing trustworthy
authentication
Who can attach
an Apostille or
Authentication?
• In the U.S., there are multiple
designated authorities who issue
apostilles/authentications. They are
called ‘competent authorities.’
• Who is authorized to authenticate a
particular document depends on the
origin of the document:
• Federal documents are
authenticated by the appropriate
Federal authority: the US.
Department of State
Authentications Office
• State documents: designated state
authorities—in Oregon, that is the
Secretary of State
The
Apostille/Authentication
process
Notary performs notarization
Customer brings document to Secretary of State for
apostille/authentication
SOS staff review document and certificate for errors,
verify that the document can be authenticated
SOS staff review notary commission name, stamp,
and signature and ensure that signature on certificate
matches signature on file with SOS
SOS staff attach apostille/authentication to
document and return to customer for the customer to
submit to appropriate international entity
A completed Apostille
The Oregon
Secretary of
State can certify
• Documents for business or corporate
use:
• Certified copies of business
organization documents on file
with the Secretary of State
• Articles of incorporation or
organization
• Assumed name certificates
• Certificates of limited partnership
• Certificates of merger
• Registration of trademarks
• Certificates of existence or fact
issued by the Corporation Division
The Oregon
Secretary of
State can certify
• Other types of documents:
• Adoption papers.
• School records - school
transcripts, report cards or
diplomas must be signed by a
school official, and the official's
signature must be notarized.
• Power of attorney.
• Deed of assignment.
• Distributorship agreement.
• References and job certification.
• Vehicle title.
Documents that cannot
be certified:
• Photocopies of public documents
(must be originals or certified copies)
• Documents that:
• Contain statements regarding
allegiance to a government or
jurisdiction;
• Relate to the relinquishment or
renunciation of citizenship,
sovereignty, in itinere status or
world service authority; or
• Make a claim of immunity for the
signer from the law of this state or
from federal law
Vital Records
• Copies of all vital records must be
requested from the appropriate agency,
and notaries may not certify copies.
• Apostilles can be attached by SOS to
copies of vital records that have been
obtained from the appropriate agency
• Requests for apostilles and for
replacement copies of records for life
events that happened in a foreign country
may be made online through the State
Department:
https://travel.state.gov/content/travel/en/r
ecords-and-authentications.html
What if I am asked to notarize a
document that cannot have an
apostille attached?
• You may notarize the document, as long as
it has an appropriate certificate that does
not ask you to do something a notary is not
allowed to do
• You may remind them that it will not be
allowed
• Follow guidelines for good notarizations
regardless of the document you are given.
• NEVER NOTARIZE BY STAMPING AND
SIGNING THE BOTTOM OF A DOCUMENT.
All notarizations MUST include a legitimate
certificate.
Resources
• The text of the Hague Convention:
http://www.hcch.net/index_en.php?act=conventions.
text&cid=41
• Hague Convention FAQs on e-certification (e-
apostilles):
https://www.hcch.net/en/publications-
and-studies/details4/?pid=5576#1
• Printable handout on apostilles and authentications
on our website:
https://sos.oregon.gov/business/Documents/notary-
guide/apostilles-authentications-information.pdf
• Printable guidelines for documents that cannot be
certified by the Oregon Secretary of State:
https://sos.oregon.gov/business/Documents/notary-
guide/notary-document-refusal.pdf
