Posted by Penney/CA on 2/18/11 5:57pm
Msg #373336

Anyone had experience with Apostilles?

I found a link through the SOS website (http://www.sos.ca.gov/business/notary/authentication.htm) regarding apostilles, but was curious to find out if any of you have had experience with these? If a Notary notarizes the documents using the Apostille format, is that enough to attach to your customer's copies or do they still have to submit those to the SOS office for authentication?
http://www.hcch.net/upload/abc12e.pdf

Any help with this would be appreciated.

Reply by SheilaSJCA on 2/18/11 6:00pm
Msg #373337

No. You cannot do it an APOSTILLE on yourself, it has to be authenticated or certfied by the SOS. It states it clearly on the the site you linked to. YOU should read it.

Reply by Penney/CA on 2/18/11 6:03pm
Msg #373338

It's not on myself....it's on someone else's docs

Reply by PAW on 2/18/11 6:42pm
Msg #373345

I do Apostille and embassy legalization processing everyday. An Apostille, in the US, is affixed only by designated individuals, usually the Secretary of State for each state. There are a few other government officials, but for notarized documents, the Apostille is the authentication by the State's SOS that the notary is allowed to perform the notarization. The signatories and members of the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, agree that no further authentication or legalization is required.

So, in your case, the documents must be duly notarized and then submitted to the SOS for authentication. If the 'target' country (were the documents will be used) is a party to the Hague Convention, then the SOS will affix an Apostille, otherwise the SOS will affix a "Certificate of Authority."

To see who the designated competent authorities are in the US, see http://www.hcch.net/index_en.php?act=authorities.details&aid=353

Reply by Penney/CA on 2/18/11 6:34pm
Msg #373343

Sorry to all for this post. I should have done a search prior to posting. I found my answer. Thank you all anyway.

Reply by HisHughness on 2/18/11 6:43pm
Msg #373346

PAW is the God of the Apostille, the Omniscient, Omnipotent Lord of the Apolstillic Universe, Master of All That He Surveys in That universe.

Reply by PAW on 2/18/11 6:47pm
Msg #373348

Close... I sit to the right side of the god of the Apostille. Kurt Browning (our previous and again current esteemed Secretary of State) sits on the left side. Jessica, my contact in the Authentications Office, is surely the god of the Apostille, with all the accolades that go along with the title.

Reply by LKT/CA on 2/18/11 8:30pm
Msg #373357

If time is not of the essence, the customer can mail the notarized document directly to the Sacramento SOS. They will both certify the Notary's signature AND complete the Apostille. Then they will mail everything back to the customer in a few weeks.

If the customer wants same day service, they will have drive the notarized doc to the county recorder where the Notary who performed the notarization has their bond filed and oath taken. That county recorder will certify the Notary's signature for a fee. The customer will then drive that paperwork to the regional SOS office nearest them and the SOS office will complete the Apostille (for more fees) - provided the recipient country is a member of the Hague Convention. If they aren't a member of the Hague Convention the document will be sent to the State Dept. in Washington D.C. for certification (for more fees).

Reply by PAW on 2/20/11 7:03am
Msg #373456

It is my understanding that this applies only if the document is to be apostilled by the LA office. According to the CA SOS website, and a letter from the SOS I received inquiring about the process, "The Secretary of State's Los Angeles office authenticates public official signatures only. Notary public signatures must be certified by the county clerk/recorder (on the notary public stamp) before presenting the document to Los Angeles for authentication." All CA apostilles that I've done (not too many), were sent to Sacramento, so this was not an issue for me.

Reply by LKT/CA on 2/18/11 8:31pm
Msg #373358

P.S.

<<<If a Notary notarizes the documents using the Apostille format, ...>>>

There's no such thing.

Reply by Jessica Ward on 2/18/11 10:26pm
Msg #373371

Only as the consumer of Apostilles (international adoption)

I'm amending some tax returns--we're the proud parents of two adopted kids--one from abroad (Ethiopia). When I was amending some tax returns earlier this week I found a receipt for $240 for apostille services.

I remember a long drive to Olympia and a very large check.

But yes, I'm pretty sure a state designated office, or the embassy are the only people who can do this. I know some notaries who offer "apostille services" which is just making the drive to the SecState's office for you.

Also, something that I learned, is that depending on the receiving country--if it is hague signatory or non-hague is required either an Apostille or a Notary Verification, which is a similar thing, done by separate agencies here in WA--Notary Verification done by the DOL, Apostille done by SecState.

There's likely other uses for this process, but that's how it worked for us.

Reply by LKT/CA on 2/19/11 12:35am
Msg #373381

Re: Only as the consumer of Apostilles (international adoption)

<<<I know some notaries who offer "apostille services" which is just making the drive to the SecState's office for you.>>>

I agree....The Notary offering "apostille services" is acting in the capacity of a courier - they are only doing the legwork for the customer.