In this blog post, we explain the notarisation process for US forms and documents, as well as interpreting the process of apostille.
We are experienced in assisting with documentation for the United States, and offer advice in all areas of notarisation for documents to be used abroad. In certain instances, non-US nationals with relevant affiliations to America may also require a notary, and we are happy to assist.
The USA system is exceptional, as each State possesses its own legislation, meaning each State imposes its own rules and has its own proceedings regarding how documents should be notarised. The details of different rules and requirements for each state can be found in the official website of the US Embassy in London.
Occasionally, further procedures may need to be taken. For instance, certain States (such as California or North Carolina, for example) acquire exceptional specifications, one of which is the need for an apostille.
An apostille is an official certificate from the UK Government validating that a notary is duly licensed to operate in England and Wales. Apostilles are issued by the UK Foreign & Commonwealth Office.
Under the Uniform Law on Notarial Acts 1982, a document notarised in the UK, and, awaiting an apostille, should be accepted by the United States just as if it had been notarised on the country grounds; by reason of the 1961 Hague Convention abolishing the requirement of legalisation for foreign public documents, to which the US and the UK are parties.
General rules regarding Certificates of Acknowledgement and Proof
- The date of the acknowledgement, the name of the notary, and the fact that he is duly authorised, admitted and sworn must always be included.
- Each certificate must state that the person making the acknowledgement of proof is known, or that their identity was proved, to the notary.
- Each certificate should state that the grantor acknowledged that he executed and acknowledged the deed as a voluntary and free act.
- Since notaries in the US are only appointed for a limited time, UK notaries must state that their commission expires at death on the certificate.
- References should always be made to the requirements of individual states.
Woodcock Law and Notary Public can assist you with Affidavits, Powers of Attorney, Legalisation of documents, Authentication of Signature and Proof of Identity. It is important to always check with the end parties where you are sending your document of their requirements. Please do not hesitate to contact us if you have any questions either via our website or call 020 7712 1590.