How to Notarize U.S. Documents for International Use: Apostilles and Online Notarization

Sooner or later, every company that does business across borders is asked for a document that is “notarized and apostilled.” Do the steps in the wrong order, or get the apostille from the wrong office, and you pay twice and lose weeks to couriers. This guide explains what notarization and an apostille actually do, who issues each in the United States, and how the process works for documents moving between the US and Singapore, a useful example because both countries are parties to the same treaty.

Quick answer: If both countries belong to the Apostille Convention, a document normally needs two steps: notarization (for private documents such as a signed resolution or power of attorney), then one apostille from the competent authority in the country where the document was issued, which replaces embassy legalization. The United States and Singapore are both parties, so documents moving between them typically need only an apostille. Rules vary by state and by recipient, so confirm exactly what the receiving bank, regulator or service provider requires before you start.

Notarization, apostille and legalization: what each one does

• Notarization. A notary public verifies the signer’s identity and witnesses the signature. In many states a notary can also certify copies of certain documents. It tells the receiving party who signed.
• Apostille. A single certificate, issued by a designated competent authority in the country where the document originated. It authenticates the signature, the capacity in which the signer acted and, where relevant, the seal or stamp. It does not validate what the document says.
• Legalization. The older chain of authentication through foreign ministries and embassies. It is still needed when the destination country is not a party to the Apostille Convention.

The Convention has about 130 contracting parties, and the United States has been one since 1981, so for most major business destinations the apostille has replaced legalization. Two caveats apply. The Convention does not cover documents executed by diplomatic or consular agents, or administrative documents dealing directly with commercial or customs operations, so export and customs paperwork can follow different rules. And if your destination is not a party, a US document needs an authentication certificate instead, and the destination country may require a further step at its embassy or consulate.

Who issues an apostille in the United States

There is no single US apostille office. Who issues it depends on the document. Federal documents, such as an IRS certification of tax residency, are apostilled by the US Department of State’s Office of Authentications, and you should not notarize them first: the State Department says a notarized federal document is no longer valid. State documents, including documents signed before a notary in that state, are apostilled by the state’s competent authority, generally the Secretary of State. Some states use a different office; Alaska, Hawaii and Utah, for example, use the Lieutenant Governor.

Three practical consequences follow. First, a state office apostilles only its own state’s documents and notaries. The Texas Secretary of State, for example, does not authenticate federal documents or documents from other states, so a document notarized in Texas needs a Texas apostille. Second, each office sets its own rules. Texas requires many non-recordable documents to carry a signed statement summarizing their contents, and South Dakota requires vital records to be certified by the issuing agency rather than notarized as copies. Third, some states add a step. New York requires notarized documents to be certified by the County Clerk before the Department of State issues the apostille. Read your state’s page before you notarize anything.

Singapore as a practical example

From the US to Singapore

Singapore’s membership of the Apostille Convention took effect on 16 September 2021. Since then, an apostille from the issuing US state or federal office has been the standard way to make a US public or notarized document usable in Singapore, in place of legalization through the Singapore embassy.

What gets requested varies by bank, regulator and corporate service provider, so treat these as common examples rather than a rule book:

• Certified copies of passports and proof of address for directors, shareholders and beneficial owners.
• For a US company that will own shares in a Singapore company: its certificate of incorporation or good standing, its governing documents and a board resolution approving the investment.
• Powers of attorney or declarations signed in the US that authorize someone in Singapore to act.

The sequence that avoids rework:

1. Ask the Singapore recipient, in writing, which documents it needs and whether it wants notarization, an apostille or both.
2. Have private documents notarized in the state where you sign. For public records, order a certified copy from the issuing agency instead.
3. Send the document to the correct Secretary of State, or to the State Department for federal documents, for the apostille.
4. Courier the original to Singapore and keep a scan for your records.

From Singapore to the US

The Singapore Academy of Law (SAL) is Singapore’s competent authority, and it affixes an apostille to every document that requires legalization. Private documents, such as a signed declaration or power of attorney, must first be notarized by a Singapore notary public, after which SAL authenticates the notarized document. Public documents such as birth certificates, marriage certificates and court documents go to SAL directly, and SAL authenticates computer-generated documents only after the issuing department certifies them.

You request and pay online, but SAL’s described route is then to present the original documents at its service counter. A proxy can do this without an authorization letter, which helps a US company with no one in Singapore. SAL also offers e-Apostilles for some documents, including notarized documents requested through the notary, so ask whether that route is open to you and check that the recipient accepts one. Because the United States is also a party, the apostilled document needs no further embassy legalization.

Signing remotely is also easier on the Singapore side than many founders expect. Since 31 March 2017, a Singapore company has not been required to have a common seal (Companies Act, section 41A), and a deed can be signed by a director and the company secretary, by two directors, or by a director before a witness instead (section 41B). Some banks and counterparties in seal-centric markets may still ask for a seal, and our guide to company seals in Singapore explains the options.

Remote notarization and e-apostilles: confirm before you sign

Remote online notarization (RON) lets you appear before a commissioned notary by live video, which saves a trip when you are traveling or based abroad. Online notary platforms such as OneNotary connect signers with commissioned notaries this way. The catch for international use is that apostille offices do not all treat remote notarizations the same way. The Texas Secretary of State says online notarizations can be apostilled when submitted with the notarization ledger and the required notarial certificate. The Minnesota Secretary of State says it does not accept remote or electronic notarization for apostilles, because it treats a printed document signed electronically by a notary as a copy. The receiving party abroad must also accept the result, so check your state’s apostille page and ask the recipient before you book.

Electronic apostilles (e-Apostilles) raise a related question. The Hague Conference on Private International Law (HCCH), the organization behind the Convention, says an e-Apostille is just as valid as a paper one and cannot be refused solely because it is electronic. Whether you can get one depends on the competent authority, so ask the office that will issue yours.

Common mistakes

• Notarizing before checking what the recipient wants, then repeating the process in a different format.
• Getting the apostille from the wrong office. It must come from the country, and in the US the state or federal office, that issued or notarized the document.
• Notarizing a record that should have been certified by the issuing agency, or left unnotarized, such as a vital record, a court record or a federal document.
• Leaving no time. Apostille processing and courier legs can add days or weeks, so start well before the bank appointment or filing deadline.

Conclusion

Notarization and apostilles are straightforward when they are sequenced properly: confirm the requirements, notarize if the document is private, obtain the apostille from the authority that issued or notarized it, and send the original. For documents moving between the United States and Singapore, both Convention parties, that is usually all it takes. When requirements are unclear, ask the recipient for a written checklist before you spend money on notaries and couriers.

About the author

Ray Tay is Co-Founder & Managing Director of VIVOS Pte. Ltd., a Singapore corporate services firm and ACRA Registered Filing Agent (FA20240323) that helps founders set up and run companies in Singapore, Malaysia, Hong Kong and the UAE.

This article is general information, not legal advice. Requirements change and differ by state, authority and receiving party; confirm them before acting.