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The Apostille Certifies the Seal, Not the Notarial Act

1. The situation

A Chinese company is asked to apostille a document by a partner abroad.

It sends a scan of the signed document to an agent and receives an apostilled paper back.

2. The problem

The document was apostilled because the notary had, or appeared to have, authenticated the signature.

If the signature was not affixed before the notary, or if the agent arranged the notarisation without the signatory present, the notarial act may be defective.

3. The consequence at the destination

The apostille is accepted as genuine, because the apostille certifies the notarial seal, not the notarial act’s propriety.

The document is later challenged on the ground that the underlying notarial act does not satisfy the destination’s evidentiary requirements.

4. The pattern

Apostilles are cheap and quick, and this attracts arrangements that treat them as a stamping service.

Where the receiving authority cares about the notarial act itself, the shortcut is discovered.

5. The check to perform

Confirm the arrangement: is the signatory required to appear before the notary.

Confirm that the notarial certificate describes what actually happened.

6. The scenario

A French subsidiary registration was queried because the notarial certificate described a certification of a copy, while the destination registry required a certification of signature.

The apostille was valid. The notarial act was the wrong type.

7. Closing view

The apostille certifies the seal. Someone still has to do the notarial work correctly.

*This article is based on the Apostille Convention and Chinese notarial practice.*

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