Authentication

Authentication

Documents Sent Out of State

Documents notarized in New York and sent to other states sometimes require proof that the notary’s signature and seal are genuine and that the notary had the proper authority to perform the notarial act.

The process of proving the authenticity of an official signature and seal is called authentication, or legalization. The proof usually consists of a certificate, which may be referred to as a certificate of authority, certificate of capacity, certificate of authenticity, certificate of prothonotary and “flags.”

In New York, the proof is called an authentication certificate. The authentication certificate is attached to the notarized document by the county clerk’s office where the notary’s commission or certificate of official character is filed. The county clerk may charge a $3 fee for issuing an authentication certificate to a notarized document.

For a notarized document being sent from New York to another US state or US territory, a certificate from a county clerk is usually sufficient authentication. However, if an authentication certificate from the New York Department of State is required, the NY DOS may charge $10.

Documents Sent Out of the Country

If a notarized document is to be sent out of the US, a “chain” authentication process may be necessary. Additional authentication certificates may have to be obtained from the US Department of State, a foreign consulate in Washington DC, and a ministry of foreign affairs in the particular foreign nation.

Apostilles

A treaty between 100 nations and the United States known as The Hague Convention helps to simplify the authentication of notarized documents exchanged between nations party to the treaty.

Under The Hague Convention, only one authentication certificate, called an apostille, is necessary to ensure acceptance in these subscribing countries.

In New York, apostilles are issued by the Department of State for $10 per certificate. New York also requires the notarized document to bear an authentication certificate from the county clerk before issuing an apostille.

A request for an apostille must be made in writing by completing the Apostille/Certificate of Authentication Request Form found on the New York Department of State’s website. The person requesting the apostille must send the request form, the notarized document(s) bearing the county’s authentication certificate, and the $10 fee for each apostille to one of the Department of State offices.