Electronic Notarisation

Electronic notarisation is now available for some legal documents. This process is also known as e-notarisation. 

It is often a requirement that electronically notarised documents will also require an e-Apostille, which can be obtained at the Foreign Commonwealth and Development Office (FCDO). This is electronic legalisation.

Your legal counsel / adviser in the receiving jurisdiction will be able confirm whether electronic signatures are permitted, and if electronic legalisation is an additional requirement.

An electronic Apostille / e-Apostille is a digital Apostille certificate, produced and affixed electronically by the FCDO, which confirms the authenticity of the electronic signature of the notary public. 

The FCDO will only issue an e-Apostille on a document that has been notarised using either an Advanced Electronic Signature (AES) or a Qualified Electronic Signature (QES).

When I complete the process of electronic notarisation I use a QES, and if you are required to sign electronically then I manage the order signing process of the e-signatures.

An electronic email will be submitted, inviting you to sign electronically, once you have signed, then I complete my QES. 

The advantages of e-Notarisation and e-Apostille services are that the electronic process reduces the amount of time to deliver the document to the intended foreign recipient.

NOTE: there is no physical document. Therefore, if the recipient wants a physical document, then paper-based notarisation must be facilitated. 

Electronic digital process of signing eliminates the disbursement costs of postage and international courier fees.

Furthermore, the actual signing process can be carried out remotely, subject to prior physical ID checks having been completed. NOTE: I only complete remote notarisation for clients who have previously presented themselves, in person, at my office with their valid Government issued PASSPORT and proof of address. 

Countries that have signed up to the Hague Apostille Convention will accept an Apostille on a document, without the need for further legalisation at an embassy or consulate. Theoretically, those countries should accept an electronically notarised document, with an e-Apostille, without issue. But this is not always the case.

The recipient in the receiving jurisdiction may require a physical document, that has been both notarised and Apostilled. If so, then digital signatures are not the appropriate route. This is because electronically notarised documentation with an e-Apostille is only valid in electronic form. When the intended recipient wants a physical Apostille, then digital notarisation and legalisation is not an option, because there is no physical copy.

Therefore, it is of importance, before embarking upon the process of electronic digital signing, for you to communicate with the recipient in the receiving jurisdiction:

1. To explain that a digital file is created, thus no physical document is produced.
2. Query how many Apostilles are required for the documentation, if more than one notarized document is within the bundle.

Cotswolds Notary does not accept liability if a digitally notarised file is rejected in the receiving jurisdiction.

To provide the service of electronic notarisation, I will need to carry out the following checks, before the notarial act is completed.

• Original documentation of certified copies must be presented for examination.
• If a document that has been electronically issued, then I will check how the document was created and from what source is was obtained.
• Company Documentation filed with the the Registrar of Companies for England and Wales, I will need to verify the authenticity of the Company House documentation.

Before a document is digitally signed, I must verify your identity, signature, capacity, free will and understanding of the document. This can be done by way of a video call. However, physical disclosure and examination of your ID must be completed.

I issue a notarial certificate using a Qualified Electronic Signature (QES), a digital PDF is created. This can then be submitted to the Foreign Commonwealth and Development Office to obtain an e-Apostille.

Once I have completed electronic digital signing of the document, then I can arrange for this to be submitted to the Foreign Commonwealth and Development Office for an e-Apostille, which takes 2 working days.

The e-Apostille is a relatively new service, therefore it is still not widely accepted internationally. Therefore, it is of importance to check with the recipient in the foreign jurisdiction that they will accept this digital format, which can only be viewed using Adobe Reader.

The current position with regards to further legalisation at a Consulate or High Commission is that they will not accept e-Apostilles.  Therefore the traditional wet signature notarisation process is the only option, if you know that further legalisation is a necessity for the transaction.