Notarizing documents - Obtaining the Apostille Seal


How Do I Get a Document or Letter Notarized?

When a document is notarized it means that it has been certified by a notary public — a licensed public officer who serves as an impartial witness to the signing of documents and establishes the authenticity of the signatures. A notary's signature and seal is required to authenticate the signature on your letter or legal document.

In order to verify your identity, the notary will ask you to present a current identifying document with a photograph, physical description and a signature, such as a driver's license, military ID or passport. You should not sign the document in advance; signatures must be witnessed by the notary

You can normally have your document notarized at banks, credit unions and U.S. Postal Offices. A clerk or deputy clerk of a court of record, a court commissioner, a register or deputy register of deeds, a judge, or a county or deputy county clerk can also be a notary public.

 

What exactly is the Apostille and how do you get one for your Police Record of Good Conduct for the Spanish student visa (for students studying in Spain for more than six months)?

Basically it is a three step process:

  1. You need to have the police record of good conduct certificate notarized by a Notary Public of the same county where the police record is issued.
  2. You then get the notary's signature certified at the county level by the county clerk. This would be at the Monroe County Clerk's Office for those of you from Rochester who get the police record certificate from a police station in Monroe County. If your certificate is from a town in a different county then you must contact that County Clerk's Office.
  3. You then have to get the document and all the signatures authenticated in the state capital Albany, or in New York City. You can usually do this last step in person or by mail.

Please review the following basic information from the NY State Department website: http://www.dos.state.ny.us/corp/msrfaq.html

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BASIC APOSTILLE INFORMATION

What is an "Apostille" or "Authentication?"
Since October 15, 1981, the United States has been part of the 1961 Hague Convention abolishing the Requirement of Legalization for Foreign Public Documents. The Convention provides for the simplified certification of public (including notarized) documents to be used in countries that have joined the convention. Under the Hague Convention, signatory countries have agreed to recognize public documents issued by other signatory countries if those public documents are authenticated by the attachment of an internationally recognized form of authentication known as an "apostille." The apostille ensures that public documents issued in one signatory country will be recognized as valid in another signatory country.

When a document is to be used in a foreign country, it may be necessary to authenticate the notarization or certification. Foreign countries often require documentsto be authenticated before the documents will be accepted in the foreign jurisdiction. An "authentication" certifies the signature and the position of the official who has executed, issued or certified a copy of a document.

The sole function of the apostille is to certify the authenticity of the signature on the document; the capacity in which the person signing the document acted; and the identity of any stamp or seal affixed to the document.

 

OBTAINING AN APOSTILLE IN NEW YORK STATE

How do I obtain an Apostille or Authentication?
Documents submitted to the New York State Department of State for authentication must first be notarized and then have the notary's signature certified at the county clerk's office where the notary is qualified. The county clerk's office will affix its seal and signature to the document.

Submitting your Document to the Department of State
Albany Office - The document, together with the $10 fee, may be mailed to the Department of State, Miscellaneous/State Records Bureau, 41 State Street, Albany, NY 12231 for authentication. The country where the document is being sent to must be specified. The telephone number of the Miscellaneous/State Records Bureau is (518) 474-8642. You may also bring your document to the Albany Office for processing
between the hours of 8:00 a.m. and 4:30 p.m.

New York City Office - The document, together with the $10 fee, may be mailed to the Department of State, Certification Unit, 123 William Street, 19th Floor, New York, NY 10038. The country where the document is being sent to must be specified. The telephone number is (212) 417-5684. You may also bring your document to the New York City Office for processing between the hours of 9:00 a.m. and 3:30 p.m.

Processing documents submitted by mail is usually completed within 2 to 4 business days. To assist our office in processing your document in a timely manner, you may wish to include a daytime telephone number so that we may contact you should any questions arise.

Documents may be submitted in person at either of the above offices. Processing a document submitted in person is usually completed while you wait.

Fees
Each document submitted to the Department of State for authentication must be accompanied by a $10 fee. Please make the check payable to the "New York State Department of State."