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What is International Public Notary? A Practical Guide for Seamless Cross-Border Document Circulation

Home » Blog » What is International Public Notary? A Practical Guide for Seamless Cross-Border Document Circulation

Have you ever encountered situations like these:

Preparing for immigration or a visa application, only to be asked to provide birth certificates, marriage certificates, certificates of single status, or police clearance certificates;
Your child is applying to study abroad, and the school requires graduation certificates or transcripts;
Buying property or applying for a loan overseas, needing to issue a power of attorney for real estate transactions or other authorization letters;
Conducting cross-border business, needing to submit company registration documents, director certificates, or contracts.

At this point, the other party will often say, “Please provide documents that have been notarized internationally.” Many people are left completely baffled: What is international notarization? What do I need to do?

International notarization essentially amounts to “adding a passport to your documents.”

In simple terms, international notarization involves certifying the authenticity and validity of documents. Taking Australia as an example, international notaries are appointed by the High Court of Australia and are authorized to verify the authenticity of various powers of attorney, affidavits, certificates, and other documents. This may include witnessing signatures and verifying the identity of signatories. Upon successful verification, the international notary issues a formal notarization certificate to attest to the document’s authenticity for relevant authorities. It is important to note that international notaries are not responsible for drafting, modifying, or reviewing the substantive content of documents.

After the authenticity of a document is verified, enabling its use in other foreign countries typically requires a second step: legalization.

Legalization is performed by the Department of Foreign Affairs and Trade (DFAT) and is divided into traditional consular authentication (Authentication Certificate) and the Hague Apostille. *Please verify whether the destination country is a Hague Convention member state to determine the applicable certification method.

Traditional Consular Authentication (Authentication Certificate) is applicable to non-Hague Convention member states. After notarization, documents must be authenticated by the Department of Foreign Affairs and Trade (DFAT) in Australia and then submitted to the relevant country’s consulate for further authentication.

Apostille Certification Applicable to member states of the Hague Convention. After notarization and authentication by the Australian Department of Foreign Affairs and Trade (DFAT), documents can be used in Hague member states without additional consular authentication from the relevant country. This process is simpler compared to traditional authentication.

For example: China formally joined the Hague Convention in 2023. This means documents intended for use in China only require Apostille certification after notarization to be recognized locally.

What is the Apostille Convention?

The full name of the Apostille Convention is The Convention Abolishing the Requirement of Legalization for Foreign Public Documents. It is an international treaty designed to simplify the authentication process for documents used across national borders. The Convention stipulates that if both countries are members of the Apostille Convention, documents from one country can be directly recognized and used in the other. This requires only the addition of an “Apostille” in the issuing country, eliminating the need for consular authentication at the other country’s embassy or consulate.

Before the Convention, using documents across borders required a cumbersome “consular legalization” process: notarization → authentication by the Ministry of Foreign Affairs → legalization by the consulate of the destination country. This involved numerous procedures and high time costs. By introducing a more streamlined authentication procedure, the Hague Convention has significantly reduced the time and cost of using documents across borders while facilitating their international circulation. This has become a consensus and trend within the international community.

For China, since its accession to the Apostille Convention in 2023, the cross-border use of Chinese and foreign documents has become significantly more efficient and convenient. Document circulation that previously required approximately 20 working days can now be completed in just a few days, achieving an average time savings of about 90% between contracting states. This transformation not only enables foreign parties to prepare materials more swiftly when initiating litigation in China but also significantly shortens the process for notarization and legalization of foreign documents, accelerating the pace of international litigation. Simultaneously, for cross-border commercial transactions, the reduced time and cost of document circulation facilitate smoother transaction progress.

Specific Authentication Process for Apostille Convention Countries (Using Australian Documents as an Example)

Documents signed in Australia or issued by the Australian government
- Documents may include court judgments, marriage certificates, contracts, powers of attorney, company resolutions, declarations, etc.

Notarization by a solicitor
- A solicitor certified for international notarization verifies the document’s authenticity and validity
- After verification, issues a notarization declaration

Apostille Certification
- The notarized document is submitted to the Australian Department of Foreign Affairs and Trade (DFAT) for certification
- The document is returned bearing the Apostille seal

Overseas Use
- Documents bearing the Apostille seal can be used directly in member countries of the Hague Convention, such as France, Germany, China, Canada, etc.

Summary

Whether preparing birth certificates for immigration or visa applications, academic credentials for children studying abroad, or powers of attorney and corporate documents required for overseas property purchases or cross-border business transactions, international notarization is the first essential step. Lawyers with international notarization qualifications will verify the authenticity of your documents. They will then select the appropriate authentication process—Apostille or consular legalization—based on the specific requirements of the destination country, ensuring your documents are accepted and usable overseas.

Notarization and authentication of international documents involve extensive details and specialized knowledge. Therefore, selecting a qualified and professional attorney ensures your documents are recognized, avoiding unnecessary delays or complications. With legal assistance, you can focus your energy on what truly matters without worrying about cross-border documentation.

Written by Xueying Yang; Content planning: Sun Gang; Xueying Yang; Proofreading: Annette Leung

The content of this article is based on publicly available information and the author’s understanding, and does not constitute any form of professional legal advice or basis for business decisions. Readers should refer to this article in the context of their own actual situation and consult relevant professionals for specific guidance. The author and the publishing platform do not assume legal responsibility for any consequences arising from the use of the information in this article.

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