A notarial act will often be required to be authenticated before it can be recognised in certain countries. An Apostille is a form of authentication, under the 1961 Hague Convention Abolishing the Requirement for Legalisation of Foreign Public Documents (the Apostille Convention). An Apostille is a special certificate that is provided by the Department of Foreign Affairs in Australia, authenticating the notarial act. Legalisation is another form of authentication, that requires the Department of Foreign Affairs to authenticate the notarial certificate, and then requires the diplomatic or consular mission in the country of destination to certify the Department’s authentication.
Some countries do not require a notarial act to be authenticated, and in these cases an Apostille or legalisation are not required. Most of the Commonwealth countries, or British Overseas Territories, do not require an Apostille or legalisation for an Australian notarial act. However, there are exceptions, such as India, Bangladesh, Pakistan and South Africa. One of the many significances of ensuring proper execution of notarial authentication is to avoid the circulation and obtaining of fraudulent documents and ensure proper identification documents are produced.
If you require a document to be notarised or Apostilled, contact us now on 02 9283 5290 to see how we can assist you.