Online notary and apostille: using a remotely notarized document abroad

An apostille is a certificate that authenticates the signature and seal of a public official, such as a notary, so that the document can be used in another country. It comes from the Hague Apostille Convention of 1961, under which member countries agreed to accept a single apostille instead of the older chain of embassy legalizations.

The apostille does not certify the contents of the document. It only confirms that the notary who notarized it held a valid commission and that the signature and seal are genuine.

For a document notarized by a US notary, the apostille is issued by the competent authority of the notary's commissioning state, usually the Secretary of State. This is the key point for online notarizations: it is the notary's state that matters, not the state where your company or the signer is located.

If a document was notarized remotely by a notary commissioned in one state, you request the apostille from that state. Documents signed by federal officials follow a different route through the US Department of State.

Most states that authorize remote online notarization also issue apostilles for documents their notaries notarize remotely. How the document reaches the issuing office differs:

• some states accept the electronic document and issue an electronic apostille,
• some ask for a paper copy of the electronic record, certified by the notary,
• some have their own submission portals and fees.

Check the issuing office's current requirements before the session, so the notary knows whether a certified paper copy will be needed afterwards.

Countries that are not members of the Convention do not accept apostilles. For them, the document usually goes through authentication and legalization: an authentication certificate from the notary's state, then authentication by the US Department of State, and finally legalization by the embassy or consulate of the destination country. The exact chain depends on the destination, so check with its embassy.

An apostille confirms the notary's authority. It does not guarantee that a foreign recipient accepts a document notarized over video. Practices differ by country and by type of recipient: some registries insist on documents notarized in person, while many banks and companies accept remotely notarized documents with an apostille. Ask the recipient before the session, and ask specifically whether it accepts an electronic original or needs paper.

The reverse case is common too: a US company needs a document signed by someone living outside the US. Many states allow their notaries to notarize for a signer located outside the US when the document relates to a matter in the US and the act is not prohibited in the country where the signer is. The signer usually identifies with a passport. If the document stays in the US, no apostille is needed.

1. 1 Confirm with the foreign recipient that it accepts a remotely notarized document and whether it needs paper.
2. 2 Check whether the destination country is a member of the Hague Apostille Convention.
3. 3 Note the notary's commissioning state, shown in every ENotary session.
4. 4 Check the issuing office's current requirements for remotely notarized documents.
5. 5 Plan time for the apostille or the legalization chain after the session.

Every ENotary session shows the notary's commissioning state before it starts, so your team knows where to request the apostille. The sealed PDF and audit trail are ready the moment the session ends, and the document check flags destinations outside the Hague Convention. Read more about remote notary sessions for signers abroad or notarizing a power of attorney online.