Affidavits, declarations and other sworn statements are some of the most common documents people need for use abroad. They are also easy to get wrong, because the order of events matters. If you sign too early, the document may not be usable for an apostille at all.
Why an affidavit needs a notary first
An affidavit is a private document. No government office issued it, so there is nothing for an apostille office to certify on its own. What the office can certify is the signature and seal of the notary public who notarized it. That is why the usual order is: you sign in front of a notary, the notary completes the notarial certificate, and only then does the document go for the apostille.
Our post on government-issued versus privately signed documents explains this split in more detail.
The signing mistake
Do not sign the document ahead of time. For most notarizations, the notary needs to watch you sign, or to have you confirm the signature in their presence, and to check your identification. A document that was already signed and then taken to a notary may need to be signed again on a fresh copy. Bring the document unsigned and wait for the notary’s instructions.
Check the notarial wording
Notarial certificates come in different forms. Two common ones are a jurat, where you swear or affirm that the statement is true, and an acknowledgment, where you confirm that you signed willingly. A sworn statement normally calls for a jurat, but the right form depends on the document and on what the receiving party asks for.
Notaries generally cannot choose the form for you or tell you what your document needs. So find out from the receiving party before the appointment whether they specify wording, and bring that instruction with you. A document that has the wrong type of certificate is a document you may have to redo.
Before you go to the notary
- Print the final version. Do not plan to edit it after notarization.
- Leave signature and date lines blank.
- Bring valid photo identification.
- Ask the receiving party whether they require specific wording, and whether the document must be an original.
- Check that the notary’s commission is current. See why a notary’s commission can sink your apostille.
What the apostille does not do
The apostille confirms the notary’s signature and seal. It does not confirm that your statement is accurate, and it does not mean the receiving party will accept the content. We cover that distinction in what an apostille does and does not certify.
Not sure your affidavit is ready?
Send us the draft before you meet the notary. Our free document review will tell you what to fix before you order.
Note: this post is general information about apostilles only. It is not legal advice.