No, a UK Notary Public cannot issue an apostille themselves, even if they are registered with the FCDO. That authority rests solely with the UK’s official government body designated under the Hague Apostille Convention: The FCDO Legalisation Office.
While notaries can’t issue apostilles, their role is often essential to enable the FCDO to issue one.
Why notaries cannot issue apostilles
Under the Hague Apostille Convention, each participating country chooses a specific government office to issue apostilles. In the UK, that office is the Foreign, Commonwealth & Development Office (FCDO).
Because notaries are private legal professionals rather than a government department, they have no authority to issue apostilles themselves. Instead, the FCDO must confirm a notary’s signature and seal by attaching an apostille certificate.
Think of it as a two-step process where the notary plays a vital first role:
- Notarisation (Authentication): A UK Notary Public (or a UK solicitor) authenticates your document. This might involve witnessing your signature, certifying a copy of an original, verifying your identity, or administering an oath. They then apply their official signature and seal (or a qualified electronic signature for e-Apostilles). This step prepares the document by adding a signature the FCDO can recognise.
- Apostille (FCDO verification): The FCDO Legalisation Office then verifies the signature and seal of the notary or solicitor (not the content of your original document). If the signature is valid and registered with them, the FCDO issues the apostille certificate (either paper or electronic). This apostille confirms the authenticity of the notary’s/solicitor’s signature and seal, making your document legally valid in other Hague Convention countries.
Why the distinction?
The Hague Convention requires a designated government authority in each country to issue apostilles for consistency and international trust. Notaries are independent legal professionals, not a government department.
