Apostille or Legalisation for the US From Australia

An Australian document going to the United States normally needs a DFAT apostille, not embassy legalisation, because the US is a member of the Hague Apostille Convention. A document you sign here can also be notarised by a US consular officer, which needs no DFAT step. Which route suits you is decided by the US party receiving it.

Key takeaways

• As of our last check of the HCCH status table, the Convention has been in force for the United States since 15 October 1981. Check the table on the day you start.
• For a document signed in Australia there are three routes: a US consular officer, an Australian notary followed by a DFAT apostille, or a US notary acting remotely under a US state's law.
• Only DFAT apostilles Australian documents. US embassies and consulates do not issue apostilles at all.
• Some US requests are not notarial: a medallion signature guarantee comes only from a participating financial institution, and IRS rules for ITIN identity copies do not accept notarised copies.
• A certificate from a Justice of the Peace is not recognised in the United States.

Why is there no embassy legalisation step?

Legalisation is the older, longer chain: the Department of Foreign Affairs and Trade (DFAT) authenticates an Australian signature, and the destination country's embassy then adds its own stamp. Countries that belong to the Hague Apostille Convention replaced that chain with a single certificate, the apostille, which confirms the signature and seal of the Australian official on the document. It says nothing about whether the contents are true.

Australia and the United States are both parties. So for an Australian public document, or a private document an Australian notary has dealt with, the apostille is the last Australian step. The US Embassy does not legalise it afterwards, and you do not need an appointment there for the apostille route. Membership can change, so confirm both countries on the HCCH status table before you lodge anything.

That still leaves the real question, which is what the US recipient wants. The United States has no single rule for foreign documents. A county recorder, a title company, a court, a bank, a share registry and a federal agency each set their own requirements, and they differ from state to state.

Which routes work for a document you sign here?

1. A US consular officer

The US Embassy and Consulates in Australia say their notarial services are available to people of all nationalities, by appointment, for documents to be used in the United States. Consular officers take acknowledgments, which are commonly used for deeds, powers of attorney, bills of sale and business documents, and administer affidavits. The result is a US notarial act, so DFAT is not involved at all.

The conditions the embassy has published are practical ones. Bring current government-issued photo identification in the name that appears in the document. Complete the document beforehand but do not sign it, because you sign in front of the officer. Bring your own witnesses if the document needs them. And understand the document yourself, because the officer will not explain it or advise on it. Check the embassy's current notarial page before you go, as its arrangements can change.

2. An Australian notary, then a DFAT apostille

The embassy also describes a route that does not involve the US posts: sign before an Australian notary public, then have DFAT apostille the notary's signature and seal. It suggests confirming with whoever asked for the document that an apostille is acceptable, which is good advice for every route.

This is often the practical choice when the document needs more than a witnessed signature: a certified copy of an Australian record, a statement about a company's authority, or a document in two languages. It also suits people who cannot easily reach a US post. For the notary's part of the work, see document notarisation; for the DFAT step, see apostille and authentication.

3. A US notary acting remotely

The embassy notes that many US states now permit remote online notarisation in some form, and points readers to the relevant state's notary handbook. This is a US notary acting under US state law over a video link. It is not an Australian notarial act, DFAT has no part in it, and it cannot be apostilled in Australia. Whether it is good enough is decided by the receiving authority, and some recorders and courts still want a paper original with a wet-ink signature.

How the notary and DFAT route works

1. Confirm the route with the US recipient, in writing if you can.
2. Show the notary the document before the appointment, particularly if it contains a US-style certificate block.
3. Sign in front of the notary with current photo identification. The notary checks who you are, that you understand the document and that you are signing freely, and may decline if not satisfied.
4. The notary attaches a notarial certificate recording what they did, signed and sealed.
5. DFAT issues the apostille on the notary's signature and seal. DFAT's list of documents it can legalise explains which documents it accepts and in what form.
6. Send the original to the US recipient, keeping a copy of every page.

Can an Australian notary complete a US certificate block?

US documents often arrive with a printed acknowledgment block ("State of ___, County of ___") or a jurat, the wording used when a person signs and swears to a statement. These are written for a US state's notaries. An Australian notary works differently. In most states and territories an Australian notary is an experienced lawyer appointed under local arrangements, not a commissioned lay witness, and records each act in a permanent register. Our comparison of Australian and US notaries explains the difference in more detail.

In practice, an Australian notary will either complete the US wording, adapted so that it describes accurately what happened in Australia, or attach their own notarial certificate instead. Whether the recipient accepts that is its call. Many US state notarial laws recognise acts performed by foreign notaries and treat an apostille as proof of the officer's signature and office, but a title company or county recorder can still insist on a particular format. Send the notary the whole document in advance, and ask the recipient whether it will accept an Australian notarial certificate with an apostille.

Which US requests can a notary not satisfy?

Several things US institutions ask for sound notarial but are not. Knowing which one you have saves an appointment.

What is asked for	Who can provide it	Why a notary will not do
Medallion signature guarantee, for a US share transfer	A financial institution in a medallion programme	The stamp is a financial institution's warranty, not a notarial act. The US Embassy says it cannot provide one either.
Identity document copies for an ITIN application	The agency that issued the document, or a US post offering certification for ITIN applicants	IRS rules for ITIN applications do not accept notarised copies
An apostille on a US birth, marriage or court document	The competent authority of the US state that issued it; the US Department of State for federal documents	DFAT apostilles Australian documents only
A JP-certified copy or JP-witnessed signature	Not accepted	The US Embassy states that Australian JPs are not recognised in the United States

If a US transfer agent asks for a medallion stamp and you cannot get one from an Australian institution, ask the transfer agent or issuer what alternative it will take. See medallion signature guarantees from Australia. For ITIN applications, check the IRS instructions and the US consulates' current page on certifying passports; a notarised copy of your passport will be rejected whatever it cost.

Property, estates and companies

These are the transactions where US rules vary most. Each state, and often each county recorder, has its own rules on recording a deed or accepting a power of attorney signed abroad. Estate matters go through state probate courts, each with its own forms. Company matters depend on the state of incorporation and on the registered agent or bank involved. Whether the document itself is valid and effective for the purpose is a question for a US attorney or, for the Australian side, a solicitor. The notary witnesses and certifies; they do not advise on US law.

Two further points apply to property. First, a US deed or power of attorney often has to be recorded with its original signature, so plan for a paper document and a tracked courier rather than a scan. Second, a name that differs between your passport and the US document causes trouble at recording; fix the document before you sign, or ask the notary how to deal with it. Our note on name mismatches and apostilles covers the usual fixes.

Documents travelling the other way

A US-issued document for use in Australia, or anywhere else, is apostilled in the United States. US state documents, such as a state birth certificate or a state court order, go to the competent authority in the issuing state, usually the Secretary of State's office. US federal documents go to the US Department of State. DFAT cannot apostille a US document, and an Australian notary cannot vouch for a US registry's record. See documents from overseas for how this works in general.

US visa and passport paperwork is a separate subject again. Documents for a US visa application follow the State Department's own instructions, which rarely call for an apostille; see US visa documents. A parent's consent to a child's US passport uses form DS-3053; see the DS-3053 statement of consent.

Here is an illustration, not a real case

A woman in Perth is selling a house in Oregon that she inherited. The US title company emails a grant deed with a Californian-style acknowledgment block, because its template came from another office. She asks the title company two questions: will it accept an Australian notarial certificate with a DFAT apostille, and does the county want wet ink? The answers are yes, and yes. She sends the deed to the notary in advance. The notary attaches a certificate that accurately records the signing in Australia, rather than completing the printed block, and DFAT issues the apostille. The original goes by tracked courier, and the title company records the deed.

In short

The United States is an apostille country, so an Australian document for US use needs a DFAT apostille and no embassy legalisation. You can instead have a US consular officer notarise your signature, which avoids DFAT, or use a US remote notary if the recipient accepts it. Medallion stamps, ITIN identity copies and apostilles on US documents are not jobs for an Australian notary. Whatever the document, ask the US recipient which route it accepts before you sign.

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Sending a document to the United States? Send us what the US party asked for, and we will explain each step before you book.