Can a US Notary Notarize a German Document?

Yes, a U.S. notary public can typically notarize signatures on documents that are intended for use in Germany. However, for the document to be legally recognized by German authorities, an additional certification known as an apostille is frequently required.

The Role of a US Notary Public for German Documents

A U.S. Notary Public's primary role is to act as an impartial witness to the signing of important documents and to verify the identity of the signer. When a U.S. notary notarizes a document, they are generally certifying that:

• The person signing the document is indeed who they claim to be.
• The signature on the document is authentic.
• The signer acted willingly and without duress.

It's important to understand that a notary does not verify the content or legality of the German document itself, only the authenticity of the signature.

What Can a US Notary Do?

US notaries commonly perform the following types of notarizations that might be applicable to German documents:

• Acknowledgements: Certifying that the signer personally appeared before the notary and acknowledged signing the document. This is common for deeds, powers of attorney, and contracts.
• Jurats: Certifying that the signer took an oath or affirmation regarding the truthfulness of the document's contents and signed it in the notary's presence. This is typical for affidavits and sworn statements.

The Crucial Role of the Apostille

While a U.S. notary can notarize a signature on a German document, this notarization alone is often not sufficient for international use. Because Germany and the United States are both signatories to the 1961 Hague Apostille Convention, documents originating in one country and intended for use in the other often require an apostille.

An apostille is a special certificate issued by an authority (usually the Secretary of State's office in the U.S. for state-issued documents, or the U.S. Department of State for federal documents) that authenticates the signature and seal of the public official (in this case, the U.S. notary public) who executed the original document. It essentially verifies that the notary was indeed commissioned and authorized to perform the notarization.

When is an Apostille Needed?

The need for an apostille depends entirely on the requirements of the specific German authority or institution to whom you are submitting the document. It is absolutely vital to clarify beforehand with the German authority in question whether an apostille is additionally required for your specific document. Examples of documents often requiring an apostille include:

• Powers of attorney
• Affidavits and sworn statements
• Academic transcripts and diplomas
• Birth, marriage, or death certificates (if original U.S. documents)
• Company incorporation documents

Steps for Notarizing a Document for German Use

To ensure your German document is properly prepared for use abroad, follow these steps:

1. Prepare the Document: Ensure the German document is complete and ready for signature. If it's in German, ensure you understand its contents, as the notary will not translate or interpret it.
2. Locate a US Notary Public: Find a notary public in your area. Many banks, post offices, and private notaries offer these services.
3. Appear in Person with Valid ID: You must personally appear before the notary and present a valid, government-issued photo identification (e.g., driver's license, passport) to verify your identity.
4. Sign the Document: Sign the document in the presence of the notary public.
5. Notarization: The notary will complete the notarial certificate, apply their seal, and sign the document.
6. Confirm Apostille Requirement: Crucially, contact the German authority or institution that will receive the document to confirm if an apostille is required in addition to the notarization.
7. Obtain the Apostille (If Required): If an apostille is needed, you will typically send the notarized document to the Secretary of State's office in the state where the notary was commissioned. They will issue the apostille, which is then attached to the notarized document.

Summary of Requirements

By following these steps and verifying the specific requirements with the German authority, you can ensure your document is properly notarized and certified for international use.