Document Legalisation, Authentication & Apostille
Expert document authentication & Apostille services in Sydney.
If you are planning to use Australian documents in a foreign country – such as corporate documents, academic certificates or personal ID documents – your receiving country may ask for them to be legalised or have an Apostille affixed to it.
At Betar Lawyers we provide a full-service and efficient end-to-end solution so your documents are recognised overseas.
Here’s what you need to know about these steps, and how it applies to your paperwork.
Why document legalisation, authentication & Apostille is needed
The legalisation, authentication and Apostille process happens after your document has been notarised. It is an additional verification, that confirms that the Notary is a registered Notary in Australia, and that their signature and seal on your document is genuine.
The main reason why this is completed is because the receiving jurisdiction has no way of knowing that the signature and seal on a Notary certificate is authentic. Remember that the Notary is there to authenticate your important documents, your signature or an act or ‘thing’. The legalisation process is not required in every case, but when it is required, it completes this important chain of authentication.
Depending on your receiving country, this extra confirmation will either be a process known as Authentication or Apostille. Both are carried out by the Department of Foreign Affairs and Trade (DFAT) and confirm the same thing; however, it involves different certification.
It can be a confusing process, but at Betar Lawyers it is an area where we have considerable expertise. Justin Betar will guide you through the process and what is required, to make it as easy and simple as possible. We handle everything for you, liaising with DFAT and your receiving country’s Embassy/Consulate where required, giving you complete peace of mind that your documents will be recognised abroad.
What is legalisation/authentication of a document?
The process of legalisation provides the final link in a chain of authentication. It is the official confirmation where the state authority of one country satisfies the state authority of another country, that the signature and seal of the Notary is genuine.
In Australia, the Department of Foreign Affairs and Trade does this. It does not authenticate the content of the document prepared by the Notary or any underlying document - that is the sole responsibility of the Notary.
The Australian Notary is integral to this chain of authentication, which comprises the following:
Your original document, act or ‘thing’
The verification by the Notary of the relevant information and facts, preparing the Notary Certificate which does this, and
Legalisation of the Notary’s signature and seal in accordance with international conventions, that enable it to be given legal recognition in the jurisdiction where your documents are going.
Authentication is where DFAT checks that the Notary is registered as a Notary, and their seal/signature on your notarised document is genuine. The Authentication Certificate is attached to the Notary Certificate by DFAT. Authentication is required by countries that are not part of the Hague Apostille convention, such as the UAE, Malaysia and China.
Your document will also need to be sent to your receiving country’s own Consulate/Embassy for final legalisation, after DFAT have issued an Authentication Certificate.
What is Apostille?
An Apostille is a special certificate issued by DFAT under the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. Similar to authentication, the Apostille is DFAT confirming that the Notary’s signature and seal on your notarised document is genuine.
Some countries have signed this Convention, which means that once the Notary has prepared their certificate, the only other formality required is the affixing of the Apostille to the Notary certificate by DFAT. The Apostille is only issued by countries that are part of the Hague Apostille convention, such as the UK, EU and Japan.
Documents will be ready for use abroad once they have the Apostille.
Document Legalisation, Authentication & Apostille FAQs
+ What types of document need notarising and legalising/Apostille?
Common types of official Australian documents that may need notarising and then legalising/Apostille include:
- Personal documents – such as passport, ID and birth certificates
- University degrees, education documents, qualification certificates, reports and academic transcripts
- Marriage/divorce certificates
- Corporate and commercial documents, such as: Corporate Minutes; Company Powers of Attorney; Certificates of Registration of a Corporation; Certificate of Registration of a Change in Name; ASIC searches; Constitutions, Memorandum & Articles of Association
- Powers of Attorney
- Probate
- Bank statements
- Court documents
The Notarisation and legalisation/Apostille process will apply to many official documents that you would commonly use abroad, for business, education or personal uses.
+ Do my documents need Apostille or legalisation/authentication?
What the legalisation process is for your document depends on the requirements of the country your document will be used in, and whether that country is part of the Hague Apostille convention or not.
Some countries will simply accept a Notary seal and signature, others need Apostille certificates as well. And some require Notarisation, followed by Authentication certificates and Embassy legalisation too.
We have extensive experience of many countries requirements are. Sometimes these requirements change quickly and are not readily available. You can check what your country’s requirements are through their Embassy or Consulate in Australia. Or call our office for advice on (02) 9279 1100.
+ What is the process to get Australian degree/educational certificates recognised overseas?
The process for Australian educational certificates is the same as for any documents. They first need to be notarised by Justin Betar at our offices. Justin will verify your education certificates with your University, College or School, prepare the Notary certificate and then apply his Notarial seal and signature. They are then sent to DFAT, if applicable, for an Authentication certificate or an Apostille. If necessary, your documents would then be sent to your relevant country’s Embassy for final legalisation.
We will advise you what the exact process is, or you can contact your receiving country’s Embassy or Consulate for advice.
+ Can you legalise foreign University degrees?
No - we can only arrange legalisation/Apostille for documents issued by Australian institutions. If you have a foreign-issued educational document, we will refer you to the issuing country for legalisation by the relevant authorities. DFAT does not authenticate documents issued by a non-Australian educational institution, regardless of whether the document has been notarised by an Australian Notary Public.
+ How does a Notary Public know that my University degree is genuine and not forged?
Forged University degrees are unfortunately a common issue. If you present us with a degree certificate for notarisation, we will always carry out our own independent investigation with the issuing University, to verify it is a true and accurate record. We clearly state the steps we have taken to verify the authenticity of your educational document on the Notary certificate. We only deal with documents issued by Australian educational institutions, which can be easily be checked and verified. We are not able to deal with educational documents issued by a foreign institution.
+ Do I need separate Notarisation and Apostille/authentication if I have lots of documents for overseas?
If you have multiple documents, we will notarise and arrange authentication/Apostille as cost-effectively as possible. What this involves depends on the requirements in the country that the documents are going to, as it is the receiving jurisdiction that dictates the process.
We may be able to issue one single Notarial certificate that covers all your documents. Or you may be required to provide individual Authentication certificates or Apostille. We will ensure your documents meet all the requirements of the authorities in your receiving country and will advise you of your costs at the outset, including any fees payable to DFAT.
+ Can you arrange the complete notarisation and authentication/Apostille process for me?
Yes, we can arrange everything for you, according to the requirements of your receiving country. Just contact us to make an appointment or ask us any questions on (02) 9279 1100. Read our Notary Process page for more information about what to bring to your appointment.
+ Do company documents need to be notarised?
Yes. There is no competent authority, other than a Notary, that can attest to company documents. Justin Betar is a specialist corporate Notary and has many years of expertise in company notarisation services. He can notarise documents such as:
- Minutes of company meetings
- Powers of Attorney
- Constitutions or Memorandum and Articles of Association
- Shareholders
- Directors
- Company secretaries
- Company signing a commercial document
- ASIC documents, such as certificates of registration of a company, or an ASIC company search
Justin Betar acting as your Notary gives you complete confidence that your important documents are handled confidentially, such as your commercial-in-confident, private sensitive documents. Being bound by the ethics as a lawyer, Justin is very aware of his responsibilities particularly politically sensitive matters, and matters of national significance.
+ How do I notarise a corporate Power of Attorney?
Justin Betar will guide you through each step of the process of notarising a corporate Power of Attorney. As an example, your company may be opening a satellite office in India and you need to appoint a local representative to undertake certain activities on behalf of the company. In this instance, Justin will usually attend at your office, identify your Australian directors signing the Power of Attorney, and prepare the Notary certificate. In the case of India, the Apostille is required and we will arrange this to be issued for you.
+ I have a company minute and appointment of representative that needs to be notarised. Can you help?
Yes, Justin Betar can help you with your company minute and the company appointment of representative. This is a relatively quick process and will usually require either the Australian director signing these documents to attend at our office or Justin can attend at your office.
Justin Betar will advise you on any relevant steps relating to the need for an Apostille or legalisation process.
+ I am opening an office in another country, what Notary Certificates do I need?
Depending on the requirements of the country abroad, this will usually be a Certificate of Good Standing of a Corporation. The Notary Certificate will particularise a lot of information about the company and will include with it the Certificate of Incorporation, current ASIC search and Constitution of the Company. Justin Betar has specialist experience in dealing with all major countries including civil law countries, where a Certificate of Good Standing of a Corporation would be required.
+ I am selling/buying a property in France, can you help me with the documents?
Yes, as an experienced Notary Justin Betar regularly deals with French documents, particularly documents required for the sale or purchase of real estate and property in France.
+ Can you witness mortgage documents for property in other Australian states? I have Queensland mortgage documents.
Notaries do not notarise documents for use in Australia. Queensland land documents, including Queensland mortgages, and Queensland Transfer documents, may be witnessed by an Australian Legal Practitioner, anywhere in Australia.
+ Useful links: Legalisation, Authentication & Apostille
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Arrange document authentication or Apostille in Sydney with Betar Lawyers
Contact Justin Betar to discuss your documentation requirements on +61 (0)2 9279 1100 or book a consultation below.
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