So, is digital notarisation suitable for you? Well, that depends on a number of factors. We've listed the key ones below:
- What is the document?
- Will the recipient accept a digital document?
- Who produced the original?
- Who needs to sign the document?
- Does it require an apostille?
- Does it need to be legalised?
- What can be notarised digitally?
What is the document?
This is key, as some documents cannot be digitally reproduced, such as a birth certificate issued in England or Wales or a DBS certificate. These types of documents are subject to crown copyright and cannot be copied, which extends to scanning.
Some documents such as declarations and powers of attorney must be done in person. They can be created and signed digitally, but not remotely.
Will the recipient accept a digital document?
Not everyone will accept a digital document. All digital documents I create are signed with a QES signature, which means you can have an e-apostille attached, however not all countries will accept this. Even within countries that do, some government departments and companies will also not accept them and paper versions need to be used.
Who produced the original?
As mentioned above, some documents simply cannot be reproduced digitally. In addition to the above, there are others, and the FCDO (Foreign, Commonwealth and Development Office) state the following cannot be accepted (as of 21st September 2023):
- All General Register Office (GRO) documents, including birth, death, marriage, civil partnership and adoption certificates
- ACRO police certificates for England and Wales
- Disclosure Barring Service (DBS) certificates for England and Wales
- Disclosure certificates for Scotland or Northern Ireland
- Fingerprint certificates
- Association of Chartered Certified Accountants (ACCA) membership certificates
Who needs to sign the document?
This will dictate if the document can be signed digitally. The signor will need to be located in England and Wales – I verify this by using location restrictions in Zoom, and whilst most do need to be done in person, some can be done remotely.
In order to obtain an e-apostille, the document needs to be notarised by a notary or signed by a solicitor. This person must use a QES or AES signature and register that signature with the FCDO. If they don’t you will not be able to get the e-apostille until they do. It will also not contain the signature evidence embedded in the document which is needed to prove it has been notarised to recipients that need notarisation only.
Does it require an apostille?
Some countries, who are party to the Hague Convention 12 of 5 October 1961 will allow the document to be legalised by way of apostille only. Some require the paper versions only. Again, it is always best to check with the recipient that the document can have an e-apostille and therefore digital notarisation.
Does it need to be legalised?
This normally refers to documents that need to go to an embassy or consulate after the apostille for further verification. If it does, the short answer is no, it can’t be created digitally. I know of no embassies or consulates that will issue digital legalisation.
What can be notarised digitally?
Most documents can, subject to the above restrictions. Most documents that I create digitally are education certificates, HMRC certificates of residence, declarations and digitally signed documents.
If you have any questions about your documents, please do not hesitate to get in touch.
UPDATE: 20th May 2025
The Faculty Office have confirmed that clients don’t need to be located within England and Wales to complete have their documents notarised remotely.