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Difference Between Apostille and Notarisation

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DIFFERENCE BETWEEN APOSTILLE AND NOTARISATION:

NOTARISATION APOSTILLE

A notary public is an official authorized by the An apostille is a certificate that authenticates a


state government to serve as an impartial, third- document to be used in proceedings in a foreign
party witness to document signings. Their job is country. An apostille guarantees the authenticity
to certify the identities of all parties who sign of a document signature and any notarial
the document and ensure that they have signed stamps/ seals affixed to the document.
it freely and willingly. An apostille, on the other hand, is a document
A notary’s primary job is to serve as an impartial that verifies that the signatures and seals
witness to a document signing to ensure it is contained within a document are legally valid and
signed per local state law. In doing so, a notary can be accepted as such internationally. The
then applies their own signature and stamp that authority to authenticate a document’s validity
render the document’s content and signatures for an apostille is federally granted by either the
legally binding.1 U.S. Secretary of State or the Department of
State.
Functions of notaries.– (1) A notary may do all or The convention shall apply to public documents
any of the following acts by virtue of his office, which have been executed in the territory of
namely:– (a) verify, authenticate, certify or one contracting state and which have to be
attest the execution of any instrument; (b) produced in the territory of other contracting
present any promissory note, hundi or bill of state. The following are deemed to be public
exchange for acceptance or payment or demand document.
better security; (c) note or protest the dishonor
by non-acceptance or non-payment of any a) documents emanating from an authority or.an
promissory note, hundi or bill of exchange or official connected with the courts
protest for better security or prepare acts of or tribunals of the State, including those
honor under the Negotiable Instruments Act, emanating from a public prosecutor, a
1881(XXVI of 1881), or serve notice of such note clerk of a court or a process-server ("huissier de
or protest; (d) note and draw up ship’s protest, justice");
boat’s protest or protest relating to demurrage b) Administrative documents.",
and other commercial matters; (e) administer c) notarial acts;
oath to, or take affidavit from, any person; (f) d) official certificates which are placed on
prepare bottom and respondent bonds, charter documents signed by persons in their
parties and other mercantile documents; (g) private capacity, such as official certificates
prepare, attest or authenticate any instrument recording the registration of a
intended to take effect in any country or place document or the fact that it was in existence on a
outside Pakistan in such form and language as certain date and official and
may conform to the law of the place where such notarial authentications of signatures'3
deed is intended to operate; (h) translate, and
verify the translation of, any document from Apsotille is a legalization of foreign public
one language into another; (i) any other act documents As per Article III of the bill 2023 For
which may be prescribed. (2) No act specified in the purposes of the present Convention
1
Apostille vs. notary: What’s the difference? - PandaDoc Notary
sub-section (1) shall be deemed to be a notarial Legalization means only the formality by which
act except when it is done by a notary under his the diplomatic or consular
signature and Official seal.2 agents of the country in which the document has
to be produced certify the authenticity of the
signature, the capacity in which the person
signing the document has acted and, where
Appropriate, the identity of the seal or stamp
which it bears.
Registers.– (1) The Provincial Government shall As per article 7 Each of the authorities designated
maintain, in such form as may be prescribed, a in accordance with Article 6 shall keep a register
Register of the notaries appointed by that or card
Government and entitled to practice as such index in which it shall record the certificates
under this Ordinance. (2) Every such Register issued, specifying:
shall include the following particulars about the a) the number and date of the certificate,
notary whose name is entered therein, namely:– b) the name of the person signing the public
(a) his full name, date of birth, residential and document and the capacity in which
professional address; (b) the date on which his he has acted, or in the case of unsigned
name is entered in the Register; (c) his documents, the name of the authority
qualification; and (d) any other particulars which Which has affixed the seal or stamp.
may be prescribed.
Power to appoint notaries.– The Provincial Ministry of Foreign Affairs and any other
Government, for the whole or any part of the authority approved by the Federal
Province, may appoint as notaries any legal Government. Public documents shall be subject
practitioners or other persons who possess such to the satisfaction of the Competent Authority
qualifications as may be prescribed. through administrative instructions issued
from time to time

APOSTILLE CONSULARIZATION
If you're dealing with countries that are Consularization is an option when you need to
signatories of the Hague Apostille Convention, authenticate ANVISA documents for countries
Apostille is a simpler and more cost-effective not part of the Hague Apostille Convention. This
option. It validates documents effectively and is involves an authentication process at a consulate
widely accepted in many countries, saving time or embassy of the destination country. It's a
and resources. necessary path for many companies operating in
markets that do not adopt Apostille.
How It Works: When a document is Apostilled, an How It Works: To carry out Consularization, you
authority designated by the signing country of must present the original document to the
the Convention issues a certificate called an consulate or embassy of the destination country.
"Apostille," which is attached to the original The consular authority will verify the authenticity
of the signature, seal, and content of the
document. This certificate attests to the
document. After verification, they issue a
authenticity of the signature, seal, and the issuing
certification or authenticity seal, making the
authority of the document. The document, now
2
Notaries Ordinance 1961 Notaries-Ordinance-1961.pdf (citylaws.pk)
3
Apostille Bill 2023
Apostilled, is considered valid in all Convention document legally valid in a foreign country.
signatory countries.4
It's important to emphasize that the choice between Consularization and Apostille depends on the
destination country and its specific regulations.

4
International Document Legalization: Consularization or Apostille? (linkedin.com)

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