If you have been asked to legalise a document for use overseas, the first question is often simple: who provides an apostille? The answer matters, because many people assume a solicitor, notary or embassy issues it directly. In the UK, the apostille itself is issued by the Legalisation Office of the Foreign, Commonwealth and Development Office, usually called the FCDO. That is the official government authority that confirms the signature, stamp or seal on a UK document.
Where people get caught out is in assuming that every document can go straight to the FCDO. Some can. Some cannot. In many cases, a notary public or solicitor must first prepare, witness or certify the document so that it is in the correct form for apostille.
Who provides an apostille, and who prepares the document?
The simplest way to understand the process is to separate the apostille from the document preparation. The apostille is a government certificate attached to a document so that it can be recognised in another country that accepts apostilles under the Hague Convention. The FCDO provides that certificate.
A notary public does something different. A notary verifies identity, witnesses signatures, certifies copies, prepares notarial acts and confirms that a document is properly executed for international use. For many overseas transactions, that notarial step is essential before the document can even be submitted for apostille.
A solicitor may also certify certain documents or signatures in some circumstances, but whether that will be accepted for apostille depends on the document type and the receiving country. This is where practical advice matters. The cheapest route on paper is not always the route that avoids rejection.
When you can go straight to the FCDO
Some documents are already in a form the FCDO can legalise without any additional notarial step. Typical examples include original UK public documents such as birth certificates, marriage certificates, death certificates, Companies House documents, ACRO police certificates and certain court-issued documents.
If the signature or seal on the document is from a recognised UK public official and can be checked by the Legalisation Office, an apostille may be issued directly. That is often the most straightforward path.
Even then, there can be complications. The overseas authority may ask for a recent version of the certificate, a certified translation, or consular legalisation after the apostille. So although the FCDO provides the apostille, that does not always mean the process ends there.
When a notary public is needed first
Many private and business documents are not public documents. They need to be signed properly, certified correctly, or turned into a notarised document before they can be apostilled.
This commonly applies to powers of attorney, affidavits, statutory declarations, travel consent letters, identity documents, educational certificates, company resolutions, commercial contracts and certified copies of passports or utility bills. If you sign a document for use abroad and the receiving authority expects a formal independent witness with international standing, a notary is usually the right starting point.
For company documents, the situation can be even more sensitive. Overseas banks, registries and counterparties often insist on notarisation because they want confirmation that the signatory has authority to act for the company. In those cases, a notary may need to review incorporation records, board minutes or authorising resolutions before notarising the document. After that, the notarised document can be sent for apostille.
Why people confuse the apostille provider
The confusion is understandable. In practice, many clients deal with one professional who handles the whole matter from start to finish. A notary often prepares the document, notarises it and arranges the apostille on the client’s behalf. To the client, it can look as though the notary provides the apostille.
Legally, the apostille is still issued by the FCDO. The notary is the professional who makes sure the document is suitable and, if required, manages the legalisation process efficiently.
That distinction is useful because it helps you ask the right question. Instead of only asking who provides an apostille, ask whether your document needs notarisation, certification, apostille only, or apostille plus embassy legalisation.
The fastest route depends on the document
There is no single best route for every case. If you have an original UK birth certificate for use in an apostille-recognising country, direct legalisation may be enough. If you have a power of attorney for a property sale abroad, it will usually need notarisation first. If you have business documents for a non-Hague Convention country, you may need both apostille and embassy legalisation.
Urgency also changes the answer. A document that is technically capable of direct submission may still be delayed if it has formatting issues, if the receiving party has stricter expectations, or if the wrong version is sent. Getting the process checked at the start can save time.
For clients under pressure, this is often the real value of a specialist notary service. The issue is not just obtaining an apostille. It is making sure the document reaches the overseas authority in a form they will accept.
Common document types and who is involved
For personal documents, original birth, marriage and death certificates are often apostilled directly by the FCDO. Deeds poll, passport copies, degree certificates, travel consents and powers of attorney often require certification or notarisation first.
For business documents, Companies House records may sometimes go direct for apostille, while board resolutions, signed authorities, contract documents, certificates of incumbency and commercial paperwork often need a notary before legalisation.
This is why document type matters more than general assumptions. Two documents in the same matter may need different treatment. For example, a company may need one original incorporation document apostilled directly, but a separate power of attorney notarised and then apostilled.
What the FCDO apostille actually confirms
An apostille does not certify that the contents of your document are true. It confirms the authenticity of the signature, seal or stamp on the document. That is a crucial distinction.
If a notary signs and seals a power of attorney, the apostille confirms that the notary is genuine and that the signature or seal can be officially recognised. If a registrar signs a marriage certificate, the apostille confirms the registrar’s signature or seal. It is about official authenticity, not approval of the document’s wording or legal effect overseas.
That is another reason proper preparation matters. A document can have an apostille attached and still be rejected abroad if it was drafted incorrectly, signed by the wrong person, or missing supporting formalities.
Should you apply yourself or use a professional?
If your document is a straightforward original public document, applying for the apostille yourself may be perfectly reasonable. Many people do. But self-submission is less attractive where time is short, the document is unusual, the receiving country has extra requirements, or the matter involves several steps.
Using a notary or legalisation provider can reduce avoidable mistakes. You gain guidance on whether a document should be notarised, whether originals are required, whether translations are needed, and whether embassy legalisation follows the apostille. For urgent matters, having the process managed properly can be more cost-effective than repeating it after a rejection.
At M M Karim Notary Public London, this is often where clients need support most – not in understanding the theory, but in getting the right document prepared quickly, correctly and in a form accepted abroad.
A practical way to avoid delays
Before you submit anything for apostille, check four points. First, confirm which country will receive the document. Secondly, identify whether it is an original public document or a private document needing notarisation or certification. Thirdly, ask whether the receiving authority requires translation or embassy legalisation as well. Fourthly, make sure names, dates and supporting documents all match exactly.
These checks sound basic, but they prevent many of the delays people experience. Apostille work is often urgent because it sits inside a bigger deadline – travel, banking, probate, immigration, property or a company transaction. Small errors can hold up the whole matter.
So, who provides an apostille? In the UK, the official apostille is provided by the FCDO. But whether you can go straight there, or need a notary first, depends entirely on the document and the country where it will be used. If you are unsure, getting that point clarified at the outset is usually the quickest step you can take.
