Notary vs solicitor: which do you need for apostille and legalisation?
Notaries and solicitors can both certify documents, but they serve different purposes. Discover when you need a notary, when solicitor certification is sufficient and how apostille legalisation fits into the process.
When preparing documents for use overseas, many people are unsure whether they need a solicitor or a notary public.
Both are qualified legal professionals, and both can certify certain documents. However, they perform different roles, and choosing the wrong option can lead to delays when obtaining an apostille or legalising documents for international use.
Understanding the difference can help ensure your documents are accepted by foreign authorities the first time.
What is a notary public?
A notary public is a specialist legal professional authorised to authenticate documents for international use.
In England and Wales, notaries are regulated by the Faculty Office of the Archbishop of Canterbury.
Foreign governments, courts, embassies and businesses often recognise notarial acts because notaries verify:
- Identity of the signatory
- Willingness to sign
- Legal capacity
- Authenticity of documents
- Execution of signatures
Notarial certification is commonly required for documents being used abroad.
What does a solicitor do?
A solicitor is a legal professional who provides legal advice and services within the UK.
Solicitors are regulated by the Solicitors Regulation Authority (SRA) and deal with a wide range of legal matters, including:
- Property transactions
- Commercial law
- Employment law
- Wills and probate
- Litigation
- Contract drafting
Many solicitors can also certify copies of documents for apostille purposes.
Notary vs solicitor: key differences
| Notary Public | Solicitor |
|---|---|
| Specialises in international documents | Primarily deals with UK legal matters |
| Internationally recognised | Recognition abroad may be limited |
| Can notarise documents | Cannot perform notarial acts unless also qualified as a notary |
| Frequently required by foreign authorities | Often suitable for simple document certification |
| Regulated by the Faculty Office | Regulated by the SRA |
The main difference is that a notary's work is specifically designed to be recognised internationally.
When do you need a notary?
A notary is often required for:
- Powers of attorney
- Affidavits
- Statutory declarations
- Overseas company documents
- International contracts
- Foreign property transactions
- Documents requested by overseas lawyers or authorities
Many foreign authorities specifically request notarised documents rather than solicitor-certified copies.
When is solicitor certification sufficient?
A solicitor's certification is often accepted for:
- Passport copies
- Driving licence copies
- Academic certificates
- Utility bills
- Bank statements
- Employment letters
- Proof of address documents
If a document only requires certification before obtaining an apostille, a solicitor may be sufficient.
Can a solicitor notarise a document?
No.
Only a qualified notary public can perform notarial acts.
Although some legal professionals are both solicitors and notaries, the two roles are separate.
If notarisation is required, the individual must be acting in their capacity as a notary public.
Do both notarial and solicitor-certified documents need an apostille?
In many cases, yes.
An apostille certificate issued by the Foreign, Commonwealth & Development Office (FCDO) confirms that the notary's signature or solicitor's certification is genuine.
The apostille allows the document to be recognised internationally in countries that are members of the Hague Apostille Convention.
Which option is best for apostille purposes?
The correct option depends on:
- The type of document
- The destination country
- The requirements of the receiving authority
- Whether notarisation is specifically requested
Simple documents may only require solicitor certification before apostille.
More complex legal or commercial documents frequently require notarisation before legalisation.
Fast apostille and legalisation services
At Orcap, we assist individuals and businesses with:
- Solicitor-certified documents
- Notarial services
- Same day apostille services
- FCDO apostille UK processing
- Company document legalisation
- Power of attorney legalisation
- Embassy attestation
- Fast apostille and legalisation services
Our team can advise whether solicitor certification or notarisation is appropriate for your specific document and destination country.
Need help choosing between a solicitor and a notary?
If you are unsure whether your document requires solicitor certification, notarisation, apostille or embassy legalisation, Orcap can help.
Contact our team today for expert guidance on preparing documents for international use.
