If someone has asked you to have a document “certified”, “notarised” or “apostilled”, it is easy to assume these are three words for the same thing. They are not. Each describes a different level of formality, and each is used for a different purpose. Knowing which one you actually need can save you time, money and the frustration of having a document returned because it was not authenticated in the right way.

What does it mean to certify a document?

Certifying is the most straightforward of the three. When a document is certified, a solicitor confirms in writing that a copy is a true and accurate copy of the original, or that a photograph is a genuine likeness of the person it claims to show.

You might need a certified copy when an organisation wants to see proof of something, but you would rather not part with the original. Common examples include copies of a passport or driving licence for identity checks, academic certificates, or documents needed to satisfy anti-money laundering requirements*. The solicitor checks the original document, takes a copy, and signs and dates it with a statement confirming it is a true copy, along with the firm's details. The recipient can then rely on that copy as though they were holding the original.

Certification says nothing about whether the contents of the document are true. It simply confirms that the copy matches the original.

*If you require photographic identification confirmed as a true likeness, and we do not know you, you would need to meet with one of our solicitors for a notarising appointment.

What does notarising add?

Notarising is a more formal step, and this is where an important point of Scottish practice comes in. In Scotland, every notary public is also a qualified solicitor holding a practising certificate from the Law Society of Scotland. That is different from the position in England and Wales, where notaries are a separate and a much smaller branch of the profession. In practice it means that if you need a notary in Scotland, your own solicitor may well be able to help.

A notary does more than confirm that a copy matches an original. A notary can administer an oath or affirmation, witness a sworn statement such as an affidavit or a statutory declaration, and apply a notarial seal that carries weight both here and abroad. When you sign a document in front of a notary, you are formally confirming, under oath or affirmation, that its contents are true. The notary then countersigns and seals it, giving the document a recognised legal foundation.

Notarised documents are often needed where something has to be relied upon in another country: authenticating a foreign Will, dealing with property owned overseas, confirming identity for an overseas job or marriage, giving permission for a child to travel abroad, or in court proceedings. You can read more about the range of situations a notary can help with on our notary service page.

Where does an apostille come in?

An apostille is the final link in the chain, and it only becomes relevant when a document is going to be used outside of the United Kingdom.

Once a solicitor or notary has certified or notarised a document, a foreign authority still has no way of knowing whether that Scottish solicitor's signature and seal are genuine. An apostille solves this. It is an official certificate, issued by the Foreign, Commonwealth and Development Office (FCDO), that confirms the signature, stamp or seal on a UK document is authentic. In the United Kingdom, the FCDO Legalisation Office is the only body able to issue one, and it covers documents from Scotland just as it does the rest of the UK.

The apostille exists because of an international agreement, the Hague Convention of 1961, which was designed to replace the older and slower system of having documents legalised through embassies. More than 125 countries are members. If the country where your document will be used is a member, an apostille is usually all that is required, and no further embassy step is needed. If it is not a member, additional legalisation through that country's embassy or consulate may still be necessary.

In most cases a document has to be notarised or certified by a solicitor or notary before it can be apostilled, because the FCDO works by verifying that professional's signature and seal against its own records. You apply to the FCDO online, and a fee is payable for each document. Both a traditional paper apostille and an electronic e-Apostille are available, depending on what the receiving organisation will accept. Unfortunately, Paris Steele does not currently offer an e-Apostille service, but we would be happy to help you with traditional paper apostilles.

So, which one do I need?

As a rule of thumb: 

• certification confirms that a copy is genuine, usually for use here at home; 
• notarisation adds a sworn or witnessed element and a notary's seal, often for documents heading overseas or for use in court; and 
• an apostille sits on top of a notarised or certified document to prove its origin to a foreign authority.

The safest approach is always to ask the organisation requesting the document exactly what they need before you start. A document that is simply certified when an apostille was required, or notarised when a certified copy would have done, means going back to the beginning and paying twice.

If you are unsure, we are happy to talk it through. You can also read our earlier article on certifying documents for more on how the process works in practice.

How Paris Steele Can Help

As solicitors and notaries based in East Lothian, with offices in North Berwick and Dunbar, we regularly certify and notarise documents for clients. We can guide you through obtaining an apostille where your document is going to be used abroad. Whether you need a single certified copy for an identity check or a notarised document apostilled for use in another country, we can make sure it is done correctly the first time.

To discuss your requirements, contact our North Berwick office on 01620 892138 or our Dunbar office on 01368 862746, or get in touch with us online.

This article is provided for general information purposes only and is not intended to constitute legal advice. The information contained in this article is accurate to the best of our knowledge as at the date of publication. As laws, regulations, guidance, and other relevant information may change over time, the content of this article may no longer reflect the current position. The information contained herein may not apply to your specific circumstances and should not be relied upon as a substitute for professional legal advice. If you require advice about your own situation, we recommend that you seek advice from a qualified solicitor. If you would like to discuss your circumstances or find out how we may be able to assist, please do not hesitate to contact our team for advice tailored to your individual needs.