Notarization and Legalization for UK Documents
When an individual or a UK company intends to undertake investment or legal proceedings in another country or area, the competent authority, court or business partner, etc. of that country or area may require the person or company to notarize and legalise for the documents issued in the UK such as identity cards, passports, company incorporations, shareholder resolutions, and etc. Notarized and/or certified documents ensure that foreign jurisdictions can use those documents with confidence.
- Notarization
Notarization is the process of having a notary public, a legally authorized individual, verify the authenticity of a document and the identity of the individuals signing it.
In the UK, notaries public are qualified lawyers who undergo specialized training and are empowered to perform various functions, including administering oaths, certifying documents, and attesting signatures.
According to different matters, it can be divided into commercial notarization and civil notarization. Common notarization includes identity certificate, will, entrustment, contract, statement notarization, etc. For a company, it usually involves the notarization of the identity certificate of the director/shareholder, qualification of the corporate body, resolutions and other documents, and so on.
- Legalization
Legalization is the subsequent step after notarization, it can only be done when notarization is completed.
Legalization is intended to authenticate the notary’s seal and signature on a document for use in a foreign country. The process ensures that the document is accepted as valid and reliable in the destination country’s legal system. Since different countries may have varying requirements and standards for notaries and notarized documents, legalization harmonizes these differences to facilitate international recognition.
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Apostille
Apostille specifically refers to the 1961 Hague Convention on the Authentication of Foreign Public Documents, which is certified by the competent authorities of the member states of the Convention by affixing a seal or label to the notarial deed to certify the authenticity of the signature, seal and qualification of the local notary office or notary public that issued the notarial deed. Before applying for apostille, it is necessary to do international notarization of the documents before applying to the competent authority for apostille.
The United States, Japan, the United Kingdom, Australia, Belgium, France, Germany, Italy, South Korea, Vietnam, Spain, the Philippines, Thailand, Singapore, Hong Kong, Macao, etc. are all members of the Apostille Convention, and China and Dubai are not members of the Convention.
However, China formally submitted its instrument of accession to the Dutch Ministry of Foreign Affairs, the depositary of the Convention, on 8 March 2023, and the Convention will enter into force in China on 7 November 2023.
According to the provisions of the Convention, the circulation and use of documents between the member states of the Convention only needs to be legalized by apostille (apostille), and there is no need for consular legalization. This means that from November 7, 2023, documents issued by member states of the Convention can be used in China after completing apostille, and no consular legalization is required. Documents issued by China are to be used in other countries or regions that are members of the Convention, and there is no need for consular authentication. This would significantly reduce the time and economic costs of the cross-border circulation and use of instruments.
Currently in the UK, the legalization process of Apostille is done by the Foreign and Commonwealth Office (FCO). The FCO will affix an "apostille" to the notarized document. An apostille is a standardized certificate that verifies the authenticity of the notary’s signature and seal.
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Legalization with Embassy
If a country is not a member of the Legalization Convention, its notarized documents usually need to be legalized by the embassy or consulate of one country in another country. According to international practice, the purpose of legalization is to enable the notarial certificate issued by one country to be recognized by the relevant authorities in another country and have legal effect, so as not to affect the legal effect of the document due to doubts about whether the seal and signature on the document are true.
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Offshore companies such as BVI, Cayman and other offshore companies, are British overseas dependencies, so notarization and legalization of such companies is usually done in the United Kingdom.
Kaizen provides UK notarization and authentication services, especially documents to be used in China, the normal processing time only takes 3 weeks, and express service takes one week, you are very welcome to inquire and apply with us.
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