2.6 Certificates of Authority, Apostilles & Document Authentication

A notarization made in Missouri is often used somewhere else: a power of attorney for property in another country, a diploma for a foreign university, an affidavit for an overseas court. The receiving authority may want proof that the person who notarized it really was a Missouri notary. That proof comes from the Secretary of State, not from the notary.

Two Kinds of Authentication (Section 486.770.1)

On a notarized document sent to another state or nation, evidence that the notary's official seal and signature are authentic, if required, takes one of two forms:

The handbook adds that an apostille must be requested for documents going to Convention member countries and that the Secretary's office keeps a reference list of those countries.

The Certificate of Authority (Section 486.770.2)

The statutory form reads in substance:

Certificate of Authority for a Notarial Act. I, (name, title, jurisdiction of authenticating official), certify that (name of notary), the person named in the seal and signature on the attached document, was a Notary Public for the state of Missouri and authorized to act as such at the time of the document's notarization. To verify this Certificate of Authority for a Notarial Act, I have affixed below my signature and seal of office this (day) day of (month), 20(year).

The Secretary can issue it because the office keeps the oath of office and official signature of every commissioned notary. This is one reason the notary must sign exactly as commissioned and use a seal that matches the commission.

The Apostille (Section 486.770.3)

An apostille must be a square with sides at least nine centimeters long and contain exactly this wording:

APOSTILLE
(Convention de La Haye du 5 octobre 1961)
1. Country: ________
2. This public document has been signed by ________
3. acting in the capacity of ________
4. bears the seal/stamp of ________
CERTIFIED
5. at ________
6. the ________
7. by ________
8. No. ________
9. Seal/Stamp
10. Signature: ________

When a foreign document arrives in Missouri bearing an apostille, Section 486.775.10 provides that the apostille conclusively establishes that the signature and seal of the notarial officer are genuine and that the person holds the office.

Electronic Notarizations (Sections 486.970-486.975)

For an electronically notarized document sent to another state or nation, the authentication is an electronic certificate of authority signed by the Secretary, attached to or logically associated with the document so that any later alteration of the document, or removal or alteration of the certificate, produces evidence of the change. The certificate states that the person was registered as an Electronic Notary Public for Missouri and that the document "bears no evidence of illegal or fraudulent alteration." For an electronic certificate of authority, including an electronic apostille, the Secretary may charge a maximum of $10 (Section 486.975).

Fees and Logistics (Handbook)

• Section 486.770.4 lets the Secretary charge the Section 28.160 fee for a certificate of authority or apostille. The handbook lists $10 for countersigning and sealing certificates of official character.
• For certain adoption documents, the handbook states that state law limits the state's fee to $100 per child per adoption, or per group of children adopted at the same time.
• Requests are made in writing and should name the country where the documents will be sent. They may be mailed to the Notaries & Commissions Unit in Jefferson City or handled at branch offices in St. Louis, Kansas City, and Springfield. Mailed documents receive same-day or next-day service; walk-in customers can receive same-day processing.

Which Official Signs First

The Secretary authenticates the official act of a public official. That determines how common documents are prepared:

The handbook warns that the face of a diploma should not be altered by the registrar or notary, and that notarizing a foreign-language document is legal but calls for caution because the notary depends on the signer to explain it.

The Notary's Part

A notary never issues an apostille or a certificate of authority. The notary's job is to perform a proper notarization: exact commissioned name, legible seal, complete certificate, and journal entry. The authentication step that follows depends on that work.

Exam Scenarios

• Power of attorney for Spain. Spain is a Hague Convention country. After the notarization, the principal requests an apostille from the Secretary of State; no embassy legalization is needed.
• Birth certificate for overseas use. The parent orders a certified copy from Vital Records and then asks the Secretary to authenticate it. A notary cannot copy-certify the birth certificate.
• Electronic deed overseas. The Secretary attaches an electronic certificate of authority to the electronically notarized document, for a fee of no more than $10.