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Notary & apostille · Notarization & Apostille

Notarization and apostilles

Signing a power of attorney in the U.S. so a relative in China can sell a home, handle an inheritance or withdraw funds for you; sending a birth certificate, marriage certificate or criminal background check to China; preparing a declaration for company business: these usually involve two separate steps, “notarization” and an “apostille,” each handled by a different authority. Our managing attorney, David Wang, is licensed to practice law in Illinois and also holds a commission as an Illinois Notary Public. We can first help you work out how the document should be written and which steps it needs, then notarize it at our Chicago office and help you apply to the Illinois Secretary of State for an apostille.

Start here: (1) Since November 7, 2023, the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Hague Apostille Convention) has applied between mainland China and the United States. U.S. documents for use in mainland China generally need only an apostille and no longer require authentication by the Chinese embassy or consulates in the U.S.; the Chinese embassy in the U.S. has stopped providing consular legalization for U.S. documents destined for mainland China. (2) A document that needs to be notarized must be signed in the notary’s presence. Do not sign it in advance and bring it in. (3) Notarization only certifies the signer’s identity and the act of signing; it does not certify that the contents of the document are true, lawful or valid. (4) Whether a notary office in China, a Chinese court, bank or real estate registration authority will accept a document, and what format and translation it requires, is up to the receiving party. Before you start, confirm the requirements with the receiving party, ideally by getting a template or checklist from them.
What we handle

What we can do

The services below are primarily Illinois-based. Notarizations are performed by David Wang as an Illinois notary public at our Chicago office. Steps on the Chinese side must be coordinated with a lawyer in China or a notary office in China; our firm does not give opinions on Chinese law.

Notarization

At our Chicago office we verify identity in person, witness the signing, and perform notarizations such as acknowledgments and jurats. U.S. notarization guide ›

Apostille

What an apostille is, which authority issues it, which countries and regions it applies to, and the common problems that arise when a document is notarized but not apostilled. Apostille guide ›

Documents for use in China

The steps for each type of document sent to mainland China: powers of attorney, declarations, birth and marriage certificates, academic records and company documents. Documents for use in China ›

FBI background checks and federal documents

For an FBI Identity History Summary and documents from federal agencies and federal courts, the apostille is issued by the U.S. Department of State’s Office of Authentications, not by a Secretary of State. FBI and federal documents ›

Drafting and reviewing powers of attorney and declarations for use in China

Based on the Chinese receiving party’s requirements, we draft or review powers of attorney and declarations in English or in bilingual English–Chinese form, check that the authorized matters, the agent’s information and the term are clearly stated, and explain the document to you clause by clause in Chinese.

Apostille assistance

For documents notarized or issued in Illinois, we can help prepare and submit the apostille application to the Illinois Secretary of State. New York, Massachusetts and federal documents must be handled by the corresponding authority; we will explain the route and what to prepare.

Do I need notarization, an apostille, or both?

The key questions are whether the document is a private document you sign yourself or a public document issued by a government authority, and where it will be used. The table below uses mainland China and other places where the Hague Apostille Convention applies as the example; the current requirements of the Chinese receiving party and of the issuing state’s authority control.

DocumentUsual steps
Power of attorney, declaration, consent (signed by you in Illinois)Sign in front of a notary and have it notarized → apostille from the Illinois Secretary of State → translation as the Chinese receiving party requires
Birth, marriage, divorce and death certificatesNot “notarize a photocopy”: first request a certified copy from the issuing authority → apostille in the state where it was issued (in Illinois, follow the Secretary of State’s current requirements; in New York, the County Clerk generally must certify it first)
Illinois court judgments (such as a divorce judgment)Request a certified copy from the clerk of the court → apostille from the Illinois Secretary of State
FBI background checks, documents from federal agencies or federal courtsGenerally do not need, and should not be given, an additional notarization → apostille from the U.S. Department of State’s Office of Authentications
Diplomas and transcriptsPrepare them in a way accepted by the Secretary of State of the state where the school is located (for example, a document issued by the school and notarized, or a certified copy) → apostille from that state; if the Chinese receiving party has separate credential verification requirements, follow them
Company documents (certificate of good standing, company resolutions, company authorizations)Certificates issued by a state government: apply for an apostille directly from the issuing state; resolutions and authorizations signed by the company itself must first be notarized → then apostilled
Documents used only within the United StatesWhether notarization is needed depends on the U.S. receiving party; an apostille is generally not needed
Documents for a country that is not a party to the Hague Apostille ConventionAn apostille does not apply: first obtain U.S. authentication, then legalization by that country’s embassy or consulate in the U.S.

One principle: an apostille is issued by the state where the document was issued or notarized. A document notarized in Illinois is handled by the Illinois Secretary of State; a document notarized in New York must first be certified by the County Clerk of the county where the notary is commissioned and then go to the New York Department of State (NY Department of State); a Massachusetts document is handled by the Commissions Section of the Secretary of the Commonwealth. Secretaries of State and the U.S. Department of State charge official fees; check their websites for current amounts.

Why use an attorney notary

Most notarizations can be done by any qualified notary. In Illinois, however, a notary who is not an attorney may not draft legal documents or charge for advice on matters that require legal analysis, and a power of attorney to be sent to China often requires careful thought first: what to authorize, to whom, for how long, and whether the receiving party will accept it.

Review the document before notarizing

An attorney can review or draft the document, point out blanks, unclear wording, or language that does not fit its purpose, and explain the contents in Chinese before you sign.

Sort out the steps at once

We first confirm whether the document needs notarization, whether it needs an apostille, and which state or federal authority handles it, so you do not find out after notarization that you took the wrong route.

Coordination with immigration and family matters

Many documents relate to immigration applications, estates or cross-border family matters. These can be considered together and, where needed, moved into the corresponding legal service.

Please note: notarization itself still certifies only the act of signing. An attorney’s review of a document is a separate legal service, limited to the law of the states where the attorney is licensed, such as Illinois, and does not mean the Chinese receiving party will necessarily accept the document.

How it works

1

Make an appointment

Tell us the type of document, its purpose and where it will be used (for example, a notary office in a particular city in mainland China), and book a time.

2

Send the document and check the requirements

Send us the document and the receiving party’s requirements in advance. We check that the document is complete and has no blanks, and confirm whether it needs notarization, an apostille, or both; if it needs to be drafted or revised, we finalize it first.

3

Sign in person at our Chicago office

For notarizations by our firm’s notary, the signer must personally come to our Chicago office with a valid photo ID and sign in person. Please do not sign in advance.

4

Apostille as needed

For Illinois documents, we can help submit the application to the Illinois Secretary of State; for other states’ documents or federal documents, we explain which authority handles them.

5

Send it off

We hand the completed document to you or send it as you arrange; before it goes to China, we check once more the number of copies and translation the receiving party requires.

Notarizations by our firm’s notary must be signed in person at our Chicago office. If you need to do this remotely, please contact us first to confirm whether a workable method is available.

Frequently asked questions

If I send documents to China, do they still need to be authenticated by a Chinese consulate?

Since November 7, 2023, U.S. public documents for use in mainland China generally need an apostille instead and no longer require authentication by the Chinese embassy or consulates in the U.S.; the embassy has also stopped offering this service. However, the Chinese embassy notes that an apostille does not guarantee a document will be accepted. Format, content, validity period and translation requirements must still be confirmed in advance with the Chinese receiving party.

I already signed at home. Can I bring it in to be notarized?

We do not recommend it. The notary needs to verify that you are the one signing; the usual practice is to bring the unsigned document and sign it in front of the notary. If you have already signed, you will usually need to print a new copy and sign it in person.

Can a photocopy of my birth certificate be notarized and sent to China?

For public records such as birth, marriage and divorce certificates, request a certified copy from the issuing authority and then have the issuing state provide an apostille. Notarizing a photocopy instead usually does not meet the requirements.

Will the notary verify that the contents of my document are true?

No. Notarization certifies the signer’s identity and the act of signing; it does not certify that the contents of the document are true, lawful or valid. The signer is responsible for the contents; if you need to know whether the contents are appropriate, have an attorney review the document separately.

I am in New York or Massachusetts. Can you handle it for me?

Our firm’s notary can notarize only within Illinois, and the signer must sign in person at our Chicago office. For documents notarized in New York or Massachusetts, the apostille is handled by that state’s government (in New York, the County Clerk must certify it first); we can explain the route and also review the contents of the document.

Can we communicate in Chinese? Can the power of attorney be in Chinese?

Yes, we can communicate in Chinese. Whether the power of attorney should be in Chinese, English or bilingual English–Chinese depends on the Chinese receiving party’s requirements; many notary offices and banks have their own templates, so we suggest asking them for one first. It is safer to sign a document in a language the signer understands, and we will explain the English text clause by clause.

Can you get an apostille for my FBI background check?

An FBI record is a federal document. Its apostille is issued by the U.S. Department of State’s Office of Authentications, not by the Illinois Secretary of State, and it generally does not need to be notarized first. See FBI and federal documents.

Official sources

  • Embassy of the People’s Republic of China in the United States: notice on China’s accession to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (us.china-embassy.gov.cn)
  • Hague Conference on Private International Law: apostille competent authorities of the United States (hcch.net)
  • Illinois Secretary of State, Index Department: Apostilles (ilsos.gov)
  • Illinois Notary Public Act, 5 ILCS 312 (ilga.gov)
  • U.S. Department of State: apostilles and document authentication (travel.state.gov)
  • U.S. Department of State: criminal record checks for use abroad (travel.state.gov)
  • New York Department of State: Apostille and Certificate of Authentication (dos.ny.gov)
  • Massachusetts Secretary of the Commonwealth: Apostilles and Certification of Documents (sec.state.ma.us)

Related reading: Cross-border estate planning, Wills guide, Translation requirements for immigration applications.

Need a power of attorney notarized, or not sure which route your document should take? Book an appointment, or call (312) 519-1115 or reach us on WeChat at WangLawpllc. Office address: 203 N. LaSalle St., Suite 2100, Chicago, IL 60601 (downtown Chicago). Please send us the document and the receiving party’s requirements first; once we have confirmed the steps, we will schedule the in-person signing.

Book a notarization Documents for use in China

This page is general information, not legal advice. Notarization and authentication requirements are set by the receiving institution where the document will be used and by each state's authorities, and they may change at any time. Before you start, confirm the specific requirements with the receiving party.