If a contract signed in the United States will be used in another country, the foreign party, bank, court or registry may ask for it to be apostilled. An apostille confirms that the notary or official who signed the document is genuine, so the agreement can be accepted abroad without embassy legalization. This guide explains which agreements need an apostille, how to prepare them, and how to avoid the mistakes that cause rejections.
What an apostille on an agreement means
A private contract cannot be apostilled on its own, because no public official signed it. The usual route is:
- The parties sign the agreement in front of a notary public, who notarizes the signatures.
- The Secretary of State in the notary’s state issues an apostille confirming the notary’s commission and signature.
The apostille does not approve the contract’s terms. It only proves that the notarization is real. For countries that are not part of the Hague Apostille Convention, the document needs authentication and embassy legalization instead.
Agreements that commonly need an apostille
- Commercial and distribution agreements with foreign partners
- Real estate purchase and lease agreements for property abroad
- Employment contracts and offer letters for work visas
- Joint venture, shareholder and partnership agreements
- Loan and guarantee agreements involving foreign banks
- Settlement agreements and other contracts used in foreign courts
- Prenuptial agreements for couples marrying or living abroad
Corporate documents often travel with the agreement, such as articles of incorporation, certificates of good standing and board resolutions authorizing the signer.
How to apostille an agreement, step by step
- Confirm the requirements. Ask the foreign party which documents must be apostilled, whether every page must be notarized, and whether they need a translation.
- Prepare the final version. Make sure names, dates and signature blocks are complete. Changes after notarization usually mean starting over.
- Sign before a notary. Each signer appears in person with ID. The notary adds a complete notarial certificate with seal, date and venue. Some countries accept remote online notarization, but check first.
- Submit to the right Secretary of State. The apostille comes from the state where the notary is commissioned, not where the company is based.
- Add supporting company documents. Certified copies of corporate filings are apostilled by the state that issued them.
- Translate if needed. Many countries require a certified translation of the agreement and the apostille. See whether to translate before or after the apostille.
Mistakes to avoid
- Incomplete notarial certificates. A missing seal, date or venue is the most common reason for rejection.
- Wrong state. The apostille must come from the notary’s commissioning state.
- Signing in the wrong capacity. If someone signs for a company, the document should show their title and authority, and the foreign party may ask for a board resolution.
- Using a copy. Apostille the notarized original or a properly certified copy.
- Skipping the translation check. A missing translation can delay the whole transaction.
See more in our list of common apostille mistakes.
Costs and timelines
State fees vary; Oregon, for example, charges $10 per apostille. At Apostille Authentications, our fee for a state apostille is $195 for the first document and $65 for each additional document, plus the state fee. If your agreement needs notarizing first, ask about our notary services when you request a quote. Prices are on our pricing page.
For corporate and commercial documents, see our business agreement authentication service.
Frequently asked questions
Can a contract be apostilled without notarization?
Usually not. A private contract has no public official’s signature, so it is first notarized and the notary’s signature is then apostilled.
Which state issues the apostille for a notarized contract?
The state where the notary is commissioned, regardless of where the parties or company are located.
Does every page need an apostille?
No. One apostille is attached to the notarized document as a whole, but each separate document needs its own.
Do I need a translation of the agreement?
Many non-English-speaking countries require one. Our certified translation service can translate the agreement and the apostille.
Get your agreement ready for use abroad
Contact us with the agreement type and destination country, and we will confirm the steps and costs before you sign.
Related guides: Apostille Transcript: How to Legalize Academic Records for International Use · Apostille Power Of Attorney: A Complete Guide for International Use