What is Notarisation and How is it different from Legalisation?

When dealing with official documents that are meant to be used  abroad , it’s important to ensure that those documents are legally recognised by the authorities in the country where they will be presented. Two of the most common procedures for legalising documents are notarisation and legalisation. Both processes are designed to confirm that the document is authentic and can be recognised by foreign institutions. However, they differ in the way they are carried out and the types of documents for which they are required. Understanding these differences is important in order to choose the correct procedure for your documents.

In this article, we will examine in detail what notarisation is, which documents require notarisation, and how it differs from legalisation, as well as when and why each of these procedures is used.

What is Notarisation?

Notarisation is a process in which a notary public, a certified legal professional, officially witnesses the signing of a document. The purpose of notarisation is to verify the identity of the person signing the document and to ensure that they are signing it voluntarily and with full knowledge of its contents. The procedure is common for documents that will be used domestically, or for documents that will go through additional steps such as legalisation or apostille. This can be crucial for preventing fraud and ensuring that legal and financial transactions are valid.

What Documents Require Notarisation?

Notarisation is required for documents that need official verification of their signatures or the authenticity of their content. The procedure is used for various types of documents that have legal value or need to be recognised by institutions or private individuals. Here are some of the main types of documents that typically require notarisation:

Powers of Attorney

Powers of attorney are documents through which one person authorises another to act on their behalf. They can be used for a wide range of activities, including financial transactions, signing contracts, and representing someone in legal or administrative proceedings.

Examples of powers of attorney that may require notarisation include:

• Powers of attorney for carrying out banking transactions.
• Powers of attorney for representing a company.
• Powers of attorney for signing contracts or other legal documents.

Contracts

Notarisation is often required for contracts that are part of legal or commercial relationships, where the parties want to ensure the validity of the signatures. These documents can be used as evidence in court cases or for other legal purposes. Examples of contracts that may require notarisation include:

• Rental agreements – for leasing real estate or vehicles.
• Commercial agreements – when two or more parties agree on commercial terms, sales, or partnerships.
• Loan agreements – when money is loaned between individuals or legal entities.
• Employment contracts – when signing employment agreements, especially when additional verification of the terms is required.

Copies of Documents

When copies of documents need to be presented to institutions, the notary can certify the copy as a true and exact replica of the original. This is important when presenting the original document is not possible, or when the institution requires notarised copies. Examples of documents that can be notarised in this way include:

• Diplomas and certificates – for academic or professional qualifications.
• Birth, marriage, or death certificates – when they are needed for submission abroad.
• Passport documents – when applying for a visa or registration in other countries.

Declarations

Declarations submitted to administrative bodies or in the context of legal proceedings often require notarisation to confirm their truth and authenticity. The notary verifies that the person signing the declaration has done so voluntarily and consciously. Examples of declarations that may require notarisation include:

• Declarations of no obligations to institutions such as tax authorities or financial institutions.
• Declarations to prove status (for example, confirming that an individual is unmarried or not employed).
• Declarations in legal proceedings, such as declarations for maternity, wills, or requests for legal actions

How is Notarisation Done?

The process aims to ensure that the document is signed by the correct individual and that its content is accurate and lawful, which is particularly important for legal or administrative purposes.

Step 1: Preparing the Document

The first step in the notarisation process is preparing the document. The document must be fully completed and ready to be signed by the relevant individual. This could be a power of attorney, contract, declaration, or any other document that will be officially certified.

It is important to ensure that there are no blank fields in the document and that it does not contain any errors or ambiguities. Both original documents and copies can be presented for notarisation; however, the notary will only certify the completed and signed parts of the document. If it is a copy of a document, the notary will confirm that the copy is a true and accurate representation of the original.

Step 2 Notary visit

One of the most crucial aspects of notarisation is the personal appearance of the signer before the notary. The signatory must appear in person and be able to demonstrate their identity with an official form of identification, such as a passport, national ID card, or driver’s licence. This is important because the notary needs to ensure that the person signing the document is indeed the person they claim to be.

Step 3: Verifying the Signature and Content

The notary verifies the identity of the signer and carefully reviews the document. They then confirm that the signature on the document has been made personally by the signer and that the content is accurate, if necessary. It is important to note that the notary does not check the document’s content for legal or factual accuracy; instead, their role is to ensure that the signature is authentic and that there have been no unauthorised changes.

Then the   notary affixes their signature and seal to the document. If required, the notary may also add a notation to certify the authenticity of the signature.

Step 4: Certifying Copies

If you wish to authenticate copies of documents, the notary can certify the copy as a true and accurate representation of the original. This procedure involves checking the original document, after which the notary applies their signature and seal to the copy, confirming that it is identical to the original.

If you need multiple copies of the same document certified, the notary will carry out the same procedure with each copy, carefully verifying that each one is an exact replica of the original.

Step 5: Receiving the Notarised Document

Once the notary has applied their signature and seal, and, if applicable, certified copies of the document, it is considered notarised and ready for use. Depending on the type of document and the certification requirements, you may receive the completed document immediately, or after a short period, if additional steps are required.

Step 6 Notarisation fees

Notarisation fees vary significantly across countries, reflecting differences in legal systems, notarial practices, and the complexity of the documents involved. It is recommended to familiarise yourself with the fees in advance so that you know what to expect. Here’s an overview of typical notarisation costs in various regions:

European Union

Notarial acts: Fees vary by country; for instance, in Germany, notarisation can cost between €50 and €100, while in France, it may range from €30 to €60.

United Kingdom

Standard notarisation: Fees can range from £50 to £150, depending on the document type and notary’s discretion.

What is Legalisation?

Legalisation is the process of officially verifying the authenticity of documents for international use. It is a more complex procedure and requires more steps than notarisation. Documents that will be used abroad must be recognised by foreign authorities, and legalisation is the primary way to ensure that the document will be accepted in another country.

Key Differences Between Notarisation and Legalisation

 

Criterion	Notarisation	Legalisation
Purpose	Verifies the authenticity of signatures and, in some cases, the content of documents.	Verifies the authenticity of documents for international use.
Complexity	Simpler and faster procedure.	More complex, often involving multiple agencies or authorities.
Documents	Powers of attorney, contracts, declarations.	Documents for immigration, education, business, or legal matters abroad.
Cost	Generally lower fees.	Typically higher due to additional steps like consular checks.

When to Choose Notarisation and When to Choose Legalisation?

Notarisation

Documents for Domestic Use: If the documents are to be used in the country or before local authorities, such as notarial deeds, powers of attorney, declarations, and contracts, notarisation alone is usually sufficient.

Powers of Attorney: When one person authorises another to act on their behalf (e.g., for signing contracts, representation in court proceedings, or financial transactions), notarisation is required. This is important for confirming the authenticity of the signature.

Contracts: Notarised contracts ensure that the signatures of the parties involved are authentic and that they voluntarily agree to the terms of the contract. Examples of such contracts include rental agreements, commercial agreements, and others.

Documents for Legal or Administrative Purposes in the Country: For instance, if you are preparing documents for submission to local courts, municipalities, or other state institutions, notarisation will generally be sufficient for the document to be recognised.

Legalisation

Documents for Use  Abroad: If the documents need to be used in a country outside of your home country, especially if that country is not a part of the Hague Convention, they will need to undergo legalisation. Examples include documents for work abroad, immigration documents, birth, marriage, or death certificates that will be used in other countries.

Court and Administrative Documents If you need to submit court decisions or powers of attorney to foreign courts or administrative bodies, these will need to go through the legalisation process in order to be recognised outside of your home country.

Educational Documents: If you are applying for a job or pursuing education abroad, you will need to legalise your diplomas or academic certificates so that they are recognised in the respective country.

Business Documents: When conducting business abroad and needing to present documents such as commercial contracts, company registration papers, or representation documents, they must go through the legalisation process to be accepted by local institutions.

The choice between notarisation and legalisation depends on the specific needs of the document and the country where it will be used. If your document will be used in your home country and does not require international use, notarisation will typically be sufficient. However, if the document needs to be recognised abroad, particularly in a country that is not part of the Hague Convention, legalisation will be required.

When choosing the appropriate procedure, it is important to familiarise yourself with the requirements of the country where you will use the document and understand what type of certification is necessary for its legal validity.

Contact us today to ensure your documents are properly prepared for international use. Our experts are ready to guide you through the process, saving you time and hassle. Get in touch now!