Notarized Translation, Legalized Translation, & More

What is a notarized translation?

Notarized translation is a process where a notary public verifies the authenticity of a translated document. It's important to note that notarization does not certify the quality or accuracy of the translation; it only certifies the identity of the person who claims to have translated the document. Essentially, to get a translation notarized, a notary public must swear that the translator’s identity is true. 

If a high-quality and accurate translation is needed, especially for legal or governmental purposes, it is advisable to use a certified translator or a reputable translation agency like Translayte.

Digital vs. Physical Notarization

When it comes to notarizing translations, there are two primary methods: digital and physical. Each has its own characteristics and acceptance levels.

1. Digital notarization: This modern method uses electronic signatures and digital seals. It's efficient and convenient, especially in a world increasingly reliant on digital documentation. However, its acceptance varies by jurisdiction and the specific requirements of the entity requesting the notarized document.
    
2. Physical notarization: The traditional approach involves a physical stamp or seal by a Notary Public on paper documents. It is widely recognized and accepted in most legal systems and institutions.

Not all institutions or countries accept digital notarization. It's important to check the specific requirements of the jurisdiction of the organization requesting the notarized translation. Some situations might strictly require physical notarization due to legal standards or for reasons of security and authenticity.

When is a notarized translation necessary?

Notarization is most commonly used for a document that needs acceptance in a foreign country as part of a due process for personal or corporate purposes. It involves a translator signing an affidavit in the presence of a notary public to affirm that the translation is accurate and complete. 

The notary then stamps and signs the affidavit, giving it legal validity. Notarized translations are crucial for ensuring that translated documents are accepted by institutions that require legal certification of accuracy.

In the USA, notarized translations are often necessary when submitting documents to government agencies, educational institutions, or courts. Here are some of the most common scenarios where notarized translations are required:

1. Educational documents

When applying to universities or colleges in the US, foreign students often need to provide notarized translations of their academic certificates, diplomas, and certificates. These translations verify that the educational qualifications meet the institution's standards and accurately reflect the original content.

2. Legal documents

Courts in the United States may require notarized translations of documents such as affidavits, statutory declarations, powers of attorney, court rulings, witness statements, or evidence that is in a foreign language. Notarization ensures that the translation is considered authentic and accurate, which is crucial in legal proceedings.

3. Immigration documents

The United States Citizenship and Immigration Services (USCIS) may require notarized translations for documents like birth certificates, marriage licenses, and other personal records. These documents must be accurately translated and notarized to ensure that they are legally valid for immigration processes.

4. Business and corporate documents

Businesses operating in the US that need to submit foreign-language documents for licensing or registration may require notarized translations. This could include contracts, patents, trademarks, certificates of incorporation, bills of sale, tax returns, and financial statements, especially when dealing with cross-border transactions.

5. Personal and civil records

When filing for name changes, adoption, or divorce in the US, foreign-language documents such as written statements, mortgage documents, property purchases, passports, driving licenses, etc. may need notarized translations. This ensures that personal records are properly certified and acceptable in court or government processes.

Do immigration translations need to be notarized?

Notarizing a translation for immigration purposes depends on the country where it is required. Different countries have different requirements, so it’s crucial to understand what applies in your specific situation.

In the United States, notarized translations are generally not required for immigration purposes. Instead, the United States Citizenship and Immigration Services (USCIS) mandates certified translations. This means the translation must include a signed statement from the translator or translation agency, confirming that the translation is accurate and complete. A USCIS certified translation ensures that your documents meet the agency’s stringent requirements, making it crucial for applications like visas, green cards, and citizenship.

In Canada, the requirements may vary depending on the specific immigration program and the type of document. While certified translations are commonly accepted, some documents, particularly those used in legal contexts, may still require notarization. It is important to verify the requirements for the particular application you are submitting, as different provinces or programs might have their own regulations.

In Europe, the rules can be even more stringent. For example, in Germany, notarized translations are often mandatory, especially for documents like birth certificates, marriage licenses, and academic credentials. 

Since immigration translation requirements depend on the country in question, it’s essential to check the specific guidelines of the immigration office or government agency you are dealing with. Working with a professional translation service familiar with international regulations can help ensure your documents meet the necessary standards and avoid potential delays.

How do you notarize a translation?

Notarizing a translation involves ensuring that the translated document is officially recognised and authenticated for legal purposes. Here's everything you need to know about it:

Who issues notarized translations?

• Professional translators or translation agencies: Notarized translations are usually prepared by certified translators who are competent in both the source and target languages and knowledgeable about the subject matter of the document.
   
• Notary public involvement: After the translator completes the translation, a Notary Public is involved in notarizing the translation. The Notary Public does not verify the accuracy of the translation but authenticates the identity of the person who signs the document usually the translator or a representative of the translation agency.

When is the translation certificate signed?

• After translation completion: The translator or an authorized signatory of the translation agency signs a statement (usually referred to as a "Certificate of Accuracy") asserting that the translation is accurate and complete. This statement is then presented to a Notary Public.
   
• In the presence of a Notary Public: The signing of the certificate typically takes place in the presence of the Notary Public. This ensures that the signature is genuine and the person signing is who they claim to be.

Do notaries keep a record of the translations?

• Record keeping: Notaries Public do not keep a copy of the translations themselves. However, they maintain a record or a journal of the notarial acts they have performed.
   
• Details recorded: This record includes details of the notarization process, such as the date of notarization, the type of document notarized, and the identity of the person who presented the document for notarization.

The difference between a certified and notarized translation?

The most common question people have regarding translation services is the difference between a certified and notarized translation. While both types of translations make a document authentic and credible, they serve different purposes and are required in different situations. 

The major difference between a certified and notarized translation is that a notary public is involved. 

A certified translation is one where the translator or translation agency provides a signed statement known as a Certificate of Translation Accuracy attesting that the translation is complete and accurate to the best of their knowledge. This certification does not require notarization, but it must include the translator’s credentials, signature, and contact information.

A Certificate of Translation Accuracy is an essential document that accompanies certified translations. It typically includes:

1. Statement of accuracy: A declaration that the translation is accurate and complete.
2. Translator’s information: Name, signature, and qualifications of the translator.
3. Date of certification: The date when the certificate was signed and issued.
4. Agency details (if applicable): Contact information of the translation agency.

This certificate is important because it proves that the translation was performed by a qualified professional and meets the standards required by the requesting authority.

On the other hand, a notarized translation involves the translator swearing an oath before a notary public to affirm that the translation is accurate and complete. The notary then certifies the translator’s statement by stamping and signing it. The notarization process does not verify the quality of the translation itself but serves to authenticate the translator’s identity and their attestation of accuracy.

The requirements for notarized and certified translations can vary significantly from country to country.

In the US, certified translations are generally required for immigration documents, such as birth certificates and marriage licenses, when submitting them to the United States Citizenship and Immigration Services (USCIS). Certification is done by the translator, but notarization is not always necessary unless explicitly requested by the agency or court. In legal contexts, notarized translations are often needed for court documents, affidavits, and educational transcripts.

In the UK, certified translations are often required for official documents, but notarized translations are less common. For legal matters, however, a sworn translation performed by a registered translator or linguist is often required.

Some countries within the EU may require an apostille to accompany notarized translations, especially when documents are being used across international borders. An apostille serves as an additional level of verification for the notarization and is obtained through the designated government authority.

In Canada, certified translations are often completed by members of a provincial translation association, while notarization is typically required for legal documents or when submitting translations to government bodies.

Understanding the difference between notarized and certified translations is important when submitting documents to various authorities. Always check the specific requirements of the country or institution to ensure that you obtain the correct type of translation.

Notarization requirements in other countries

• Notaries in Spain: Notaries in Spain are highly qualified legal professionals who work with Deeds, contracts, and powers of attorney documents. They verify the identities of the parties involved and ensure they understand the document’s contents.
   
• Notaries in Germany: In Germany, notaries are legal professionals who ensure the legality of documents such as property transactions, corporate documents, marriage contracts, and wills typically needing Notarisation.
   
• Notaries in France: French notaries have a more extensive role, often involved in drafting and executing documents like real estate transactions, marriage contracts, and inheritance documents. The process involves verifying the document, ensuring all parties understand it, and recording it officially.
   
• Notaries in the UK: When it comes to Notarised translation in the UK, British Notaries are not just authorized by the government, they are also qualified lawyers who have been appointed by the Court of Faculties of the Archbishop of Canterbury. This works similarly in a large number of countries, such as Mexico, Portugal, and Turkey.

What is a notary public?

A Notary Public is usually a Solicitor or Barrister who has undergone a further qualification to join the Roll of Notaries.  Notaries in the UK have their official society, called The Notaries Society.

Notaries usually specialize in one particular area which is the preparation, certification and legalization of specific documents so they can be used and accepted both in the UK and abroad.  Documents can be personal, corporate or to be used in a professional or broader context.

A Notary Public’s duty of care is to the document they are notarizing in terms of its authenticity and validity, not to the individual or organization presenting the document for validation and seal.

How to find a notary?

In the UK, most Notaries are either Solicitors or Barristers but don’t assume every Solicitor is also a Notary Public. Usually, the nameplate outside a Solicitor’s office or their official letterhead or website will indicate whether they are also a Notary Public and offer Notarisation services.  

In addition to this, some organizations specialize purely in Notarisation services.  Many of them are located in London to make access to the FCO for legalization a quick procedure if required and offer a fast turnaround time on documents with an express service.  The main FCO centre where legalization takes place is actually in Milton Keynes.

If your Solicitor is not a Notary, we offer Notarization services along with certified translation services, just select 'Notarization' or 'Apostille' before completing your order on our order page.

Notary Public in the UK

What will you see on the notarized document?

The document will bear the Notary’s signature and the official seal of office.  The seal is an inked and embossed stamp, most commonly in red or blue.

Notarized translation & Legalized translation

Most countries will require an official translation when you present a document issued in a foreign language.  For instance, that application for a job in Spain with your supporting academic certificates will require a certified translation attached to the application form which will need to be notarized so the documents which are written in English, are also translated into Spanish.  It may also need to be legalized.  

Certified translations are common in certain situations:-

• Immigration matters
• Legal issues
• Professional scenarios surrounding employment or commercial organizations
• Academic applications
• Financial processes

What is legalization?

Legalization is an additional process that can follow notarisation.  Notarised documents may have to be legalized by the Foreign and Commonwealth Office (FCO) in the UK and sometimes also by the Embassy of the country for which the documents are intended, an extra step.  Legalization always has to follow Notarisation rather than the other way around.

What is an Apostille?

The legalization process produces the Apostille which is affixed to the document. The Apostille is a means to legally recognise a document issued in one country, in another country; it is a form of international certification for documents that are intended for use abroad.

The Apostille is a stamp on the document from the government of the issuing country.  In the UK, it is the Foreign and Commonwealth Office that issues the Apostille.  It is sometimes also called the Apostille of the Hague or the Hague Convention.  Many countries form part of what is called the Apostille Convention and this includes all the European countries and the US, notable exceptions are North Korea and China.  The standard rule is that if the document is intended for use in a country that is a signatory to The Hague Convention of 1961, then it will require an Apostille, and if it is not part of the convention, it will require another form of legalization.

Are notarized translations always necessary?

Notarizing a translation isn’t always required, and in some cases, sworn translations can be a suitable alternative. Understanding the difference between notarized and sworn translations can help you determine the most appropriate option for your needs and avoid unnecessary costs.

The process described above specifically applies to UK-certified translations, where the translation is completed in the UK and then notarized or legalized within the UK for use at a UK-based embassy or in another country that has specifically requested a "legalized or notarized translation from the UK." It’s essential to confirm the requirements with the requesting body before placing an order with any agency to ensure you’re meeting the correct standards.

In some situations, notarization might not be required at all. Instead, you can opt for a sworn translation completed by a translator registered in the target country. This approach is particularly relevant when official translations are needed in countries such as Spain, France, Italy, or Germany. Sworn translators in these countries are authorized to produce translations that hold the same legal validity as legalized translations obtained elsewhere. Choosing this option can simplify the process and guarantee compliance with local regulations.

For more information on sworn translations in specific countries, check out the following resources:

• Sworn Translators in Spain
• Sworn Translators in Germany
• Sworn Translators in France
• Sworn Translators in Italy
• Sworn Translators in the Netherlands

Taking the time to verify the requirements and choosing the right translation method can save you from unnecessary delays and ensure that your documents are legally recognized in the destination country.

We can help!

Translayte can take care of all your needs from the point of instruction through the process of a certified translation with notarization following and legalization if required.  The whole process is seamless and stress-free and usually cheaper and quicker than if you undertook each stage individually.  Keeping your documents in one location is also more secure. If you are interested in ordering a notarized or legalized translation, you can do so directly and quickly on our website.