Apostille Guides and Answers

By Nooriyah R., Oregon notary public, Apostille Authentications, Lake Oswego office

If a bank in Hong Kong, a company registry in Europe or a lawyer handling a property purchase abroad has asked your company for an apostilled certificate of incumbency, you have probably already discovered the awkward part: no U.S. state government issues one. You can’t order it from your Secretary of State the way you order a certificate of good standing.

That doesn’t mean you’re stuck. A certificate of incumbency is a document your company prepares and an officer signs before a notary. The notary’s state then attaches the apostille. Done in the right order, it’s usually one of the faster documents in an international packet. Done in the wrong order, it’s the one that gets sent back.

We notarize and apostille these certificates for companies opening foreign bank accounts, forming subsidiaries abroad and buying or selling property overseas. This guide walks through what the document is, why your state won’t issue it, how to get it notarized and apostilled, and what to do when the bank says it must come “from your registered agent.”

What a certificate of incumbency is

A certificate of incumbency (sometimes called an incumbency certificate, officer’s certificate or register of directors) is a signed statement from the company that lists who currently holds its key positions and who is authorized to act for it. Foreign banks use it to confirm that the people opening the account or signing the loan papers actually have authority to do so.

It typically shows:

• The company’s exact legal name, state of formation and state file number
• The current officers, directors, managers or members, with their titles
• Who is authorized to sign on the company’s behalf, and for what
• Specimen signatures of the authorized signers (many banks ask for these)
• The date, and the signature and title of the person certifying it

Certificate of incumbency vs. secretary’s certificate

The two are related but not identical. A certificate of incumbency answers “who holds which office.” A secretary’s certificate usually goes further: the corporate secretary certifies that attached documents, such as the bylaws, the operating agreement or a board resolution, are true, complete and still in force. Banks and registries often ask for both, or for a secretary’s certificate that includes an incumbency section. Read the request carefully and give them the document they named.

The LLC version and the corporation version

For a corporation, the corporate secretary normally signs, relying on the bylaws and board records. For an LLC, which has no corporate secretary by default, a manager or managing member usually signs, relying on the operating agreement. Either way, the signer certifies facts about their own company, which is why the company prepares it.

Why your Secretary of State won’t issue one

States keep records of what companies file with them: articles, annual reports, mergers. They don’t certify who your current officers are. Harvard Business Services, a Delaware registered agent, puts it plainly: Delaware “does not issue a state document that confirms current ownership or management authority” (Harvard Business Services). Oregon, Washington, Texas and Virginia work the same way.

What a state can give you is a certified record of existence: a certificate of good standing, certificate of existence or certificate of fact, and certified copies of your filed articles. Those are state records, so the state that issued them apostilles them. They often travel in the same packet as the certificate of incumbency, but they don’t replace it.

When the bank says it must be “issued by your registered agent”

This is a snag we see often, and few guides explain it. HSBC Hong Kong’s account-opening checklist for companies formed overseas, for example, asks for “a Certificate of Incumbency (COI) issued by Registered Agent within 6 months,” or alternatively an official company search report issued within six months (HSBC Hong Kong).

That wording is common in places such as the British Virgin Islands and the Cayman Islands, where registered agents routinely issue incumbency certificates. In the U.S. it’s different. Some Delaware registered agents offer the service, but many agents in other states don’t. If your bank uses this language, you have three practical options:

1. Ask your registered agent first. If it issues incumbency certificates, ask whether it will sign before a notary so the document can be apostilled.
2. Ask the bank, in writing, whether an officer-signed certificate is acceptable. Some institutions accept a certificate signed by a company officer, notarized and apostilled, especially when it’s paired with a state certificate of good standing. Get the answer in an email before you start.
3. Offer the official alternative. If the bank accepts an official registry extract, a state certificate of good standing or existence, apostilled by your state, may satisfy it.

We can’t promise how a particular bank will decide, and neither can anyone else. Only the receiving institution decides what it accepts. But we can make sure that whichever version you send is notarized and apostilled correctly the first time.

How to prepare, notarize and apostille a certificate of incumbency

Step 1: Get the receiving party’s exact requirements

Before anyone signs anything, get the bank’s or registry’s document list in writing. Look for three details: whether they want an apostille or only a certified true copy, how recent the document must be, and whether they need a translation. Many banks ask only for certified true copies of some documents, not apostilles, and the difference changes both the price and the timeline.

Step 2: The company prepares the certificate

The certificate should be prepared by your company, its corporate secretary or your attorney, using your current operating agreement or bylaws, minutes and resolutions. Make sure names and titles match your other records exactly, including any foreign spellings on passports.

We’re notaries and an apostille service, not a law firm, so we don’t draft corporate documents or advise on what yours should say. What we do is check, before you sign, that the document is ready to be notarized and apostilled: complete signature blocks, no blanks, a correct date, and room for the notarial certificate.

Step 3: Sign in front of a notary, in ink

The authorized officer signs before a notary, who adds a complete notarial certificate. Usually that’s an acknowledgment (the signer confirms they signed willingly) or a jurat (the signer swears the contents are true). The signer, or the bank’s instructions, decides which act is needed. The notary can’t choose it for you.

We strongly recommend wet-ink notarization for documents going to foreign banks. Delaware, for instance, says it “will not accept documents that are notarized remotely or electronically for apostille” (Delaware Division of Corporations), and acceptance of online notarizations abroad is uneven.

Step 4: Get the apostille from the notary’s state

This is the step people most often get wrong. A notarized document is apostilled by the state where the notary is commissioned, not the state where your company was formed. A Delaware LLC whose manager signs in Hillsboro, Oregon, gets an Oregon apostille on that certificate.

Current state fees for an apostille on a notarized document:

The apostille confirms the notary’s signature and seal. It does not confirm that the officers listed are correct. That responsibility stays with the company.

Step 5: Translate if the destination requires it

Many non-English-speaking countries require a certified translation of the certificate and of the apostille, and some (Brazil, Spain and Mexico among them) require translators credentialed in that country. Ask the receiving party before you order a translation. Where a U.S. certified translation is accepted, our certified translation service can prepare it.

The two-state packet: when your company and your signer are in different states

Here is a situation we handle regularly for business clients. A company formed in Delaware, with its managers in Oregon, Washington, Texas or Virginia, needs a bank packet that typically includes:

• A Delaware certificate of good standing, apostilled by Delaware, because Delaware issued it
• A certificate of incumbency signed in Oregon (or Washington, Texas, Virginia), notarized there and apostilled by that state
• A board or member resolution naming the authorized signers, notarized and apostilled the same way

That’s two different state offices for one packet. If either piece goes to the wrong office, it comes back unprocessed and the clock restarts. Because we have offices in Hillsboro and Lake Oswego, Oregon, Vancouver, Washington, Houston, Texas and Herndon, Virginia, we notarize the documents where you sign and route each one to the right state office. Same-day service is available for Oregon, Washington, Texas and Virginia documents, depending on when we receive them.

What a typical business packet costs

Our fee is $195 for the first document and $65 for each additional document in the same order, plus the government fees. Here are three common packets:

State fees for ordering certified copies and certificates of existence are extra and vary by state. Countries outside the Hague Apostille Convention, such as the United Arab Emirates, need authentication and embassy legalization instead, which we quote by country. See our pricing page for current rates, and our guide to apostilling business documents for other corporate records.

Checklist before you send your packet abroad

• The bank’s or registry’s written document list, showing apostille or certified copy for each item
• Destination country confirmed as a Hague Convention member on today’s date (see the current list)
• State of formation (for state records) and state where the officer signs (for notarized documents)
• A fresh certificate of good standing or existence
• Certificate of incumbency prepared from current records, with names matching passports
• Board or member resolution naming authorized signers
• Signer’s valid photo ID and an in-person notary appointment
• Translation requirements, and whether the translator must be in the destination country
• Your deadline, counted back from the bank appointment or closing date

Mistakes that get incumbency packets rejected

1. Sending a photocopy. Articles and good standing certificates must be certified copies from the state, not office printouts. Notaries generally can’t certify copies of public records.
2. Getting the apostille from the wrong state. The notary’s state apostilles notarized documents; the issuing state apostilles state records.
3. Using online notarization for a document headed to a state or bank that won’t accept it.
4. Letting the dates go stale. Many banks want documents issued within the last few months. HSBC Hong Kong, for example, asks for six months.
5. Missing the resolution. A certificate of incumbency says who the officers are. Banks often also want a resolution saying those officers may open this specific account.

Frequently asked questions

Does my state issue a certificate of incumbency?

No. Oregon, Washington, Texas, Virginia and Delaware don’t issue one. Your company prepares it, an authorized officer signs it before a notary, and the notary’s state apostilles it.

Who can sign a certificate of incumbency for an LLC?

Usually a manager or managing member authorized under the operating agreement. For a corporation, it’s usually the corporate secretary or another authorized officer.

Can a notary apostille my certificate of incumbency?

No. A notary notarizes the signature. The apostille comes from the Secretary of State, or equivalent office, in the state where the notary is commissioned.

Which state apostilles it if my company is in Delaware but I sign in Oregon?

Oregon. Notarized documents are apostilled by the notary’s state. Your Delaware certificate of good standing is still apostilled by Delaware.

Does an apostille prove the officers listed are correct?

No. The apostille only verifies the notary’s signature and seal. The company is responsible for the accuracy of the certificate.

How long is a certificate of incumbency valid?

It reflects the facts on the date it is signed. Banks set their own limits, often a few months. HSBC Hong Kong asks for six months. Check with the receiving institution.

Do I need an apostille or just a certified true copy?

It depends on the bank. Some ask for apostilles on every document; others accept true copies certified by a lawyer, notary or accountant. Ask for the requirement in writing.

Can I get it notarized online?

Online notarization is legal in many states, but some apostille offices and foreign banks won’t accept it. Delaware won’t apostille remotely notarized documents. For bank packets, wet-ink notarization is the safer choice.

Send us your bank’s document list

The fastest way to get this right is to start from the receiving party’s own list. Email it to us or bring it to any of our offices, and we’ll tell you which documents need apostilles, which state handles each one, the total cost and a realistic timeline before you sign anything. Contact us for a business packet quote.

About the author

Nooriyah R. is a commissioned Oregon notary public at Apostille Authentications’ Lake Oswego office. She notarizes certificates of incumbency, resolutions and powers of attorney for business clients and prepares their apostille packets for foreign banks, registries and property transactions.

Apostille Authentications is a notary, apostille and certified translation service. We are not a law firm and don’t give legal advice. Apostilles are issued by state Secretaries of State and the U.S. Department of State, and each receiving authority decides what it accepts.

For the Philippines, the document that travels with the urn is a Consular Mortuary Certificate from the Philippine consulate, and the consulate issues it from the original U.S. death certificate without asking for an apostille. The apostille becomes important afterwards, when the family uses that death certificate in the Philippines.

What the Philippine consulate asks for

This list follows the Philippine Consulate General in Los Angeles.

• The U.S. death certificate
• A notarized statement from the mortuary that the container holds only the remains of the person named
• Details of the travel or shipping arrangements
• ID of the person who died: a Philippine passport for a Filipino citizen, or a U.S. passport, driver’s license or state ID for a U.S. citizen
• A prepaid USPS Priority Mail return envelope with tracking

The fee is $25, with an extra $10 for in-person applications. Mailed applications must arrive at least 10 days before shipment. In-person applications must be filed at least 3 business days before shipment.

If the person who died was a Filipino citizen, the consulate also requires a Report of Death.

When you will need an apostille

The Philippines is a member of the Apostille Convention, so a U.S. death certificate with an apostille is accepted there as authentic. Families are commonly asked for one when they:

• settle an estate or transfer land titles
• close or claim bank accounts
• claim insurance, pension or survivor benefits
• update civil records for a surviving spouse

These requests tend to arrive weeks after the funeral, when the family is back in the Philippines and far from the U.S. office that issued the certificate. Getting two or three apostilled copies before you fly saves a long-distance scramble later.

How the process runs

1. Order several certified copies of the death certificate.
2. Send the consulate its package for the Consular Mortuary Certificate, and the Report of Death if it applies.
3. Have the extra copies apostilled by the Secretary of State where the death was recorded.
4. Check the airline’s rules for carrying the urn.

How we can help

We obtain apostilles for death certificates from all 50 states for use in the Philippines. Our service starts at $195. Standard processing takes about 10 business days, and same-day or next-day service is available for qualifying Oregon, Washington, Texas and Virginia documents. We ship completed documents internationally, and we quote the shipping cost once you provide the delivery address. Call Apostille Authentications at (971) 514-3743 or request a quote.

Requirements change. Confirm the current checklist with your Philippine consulate before you travel. See our main guide to taking ashes abroad for the general process.

Many families carry ashes to India for immersion in the Ganges or for rites in the family’s home town. The Indian embassy or consulate handles the travel paperwork from the original certificates and does not list an apostille among its requirements. You will want an apostilled death certificate for the legal and financial matters that follow in India.

What the Indian embassy asks for

This list follows the Embassy of India in Washington. The Indian consulates in other U.S. cities publish their own versions.

• Original and one copy of the death certificate
• Original and one copy of the cremation certificate
• Passport of the person who died, original and copy
• The applicant’s passport, proof of U.S. visa status and proof of residence

There is no fee if the person who died held an Indian passport. Otherwise the embassy charges $40 plus a $2 community welfare fund fee, paid by money order or cashier’s check. The embassy says it processes these requests the same day.

If the person was an Indian national, the embassy also registers the death and cancels the passport. The embassy advises checking with your airline too, since carriers can ask for further papers from the funeral home.

When you will need an apostille

India is a member of the Apostille Convention. A U.S. death certificate carrying an apostille can be presented to Indian authorities without further embassy attestation. Families commonly need one to:

• transfer property or update land records
• close bank accounts and claim deposits
• claim life insurance or pension benefits
• apply for a succession or legal heir certificate

Indian banks and registrars usually want to keep an original, so one copy is rarely enough.

How the process runs

1. Order several certified copies of the death certificate.
2. Take the originals to the embassy or consulate for its attestation.
3. Have the extra copies apostilled by the Secretary of State where the death was recorded.
4. Confirm the airline’s rules and carry the documents with the urn.

How we can help

We obtain apostilles for death certificates from all 50 states for use in India. Our service starts at $195. Standard processing takes about 10 business days, and same-day or next-day service is available for qualifying Oregon, Washington, Texas and Virginia documents. We ship completed documents internationally, and we quote the shipping cost once you provide the delivery address. Call Apostille Authentications at (971) 514-3743 or request a quote.

Requirements change. Confirm the current checklist with your Indian embassy or consulate before you travel. See our main guide to taking ashes abroad for the general process.

Vietnam became a party to the Hague Apostille Convention on September 11, 2026. For families, that means U.S. documents headed for Vietnamese authorities can now be authenticated with a single apostille. Before the change, they needed a chain of legalization stamps ending at the embassy.

Bringing ashes into Vietnam still needs a permit from the Vietnamese embassy or consulate. The apostille and the permit are two separate things, and you may need both.

The permit to transport ashes

The Embassy of Vietnam in Washington lists these items for the permit:

1. The embassy’s application form.
2. A permit from the local People’s Committee in Vietnam where the ashes will rest. A relative in Vietnam completes this form and has local authorities endorse it, then sends it to you.
3. Certified copies of the death certificate and the cremation certificate.
4. A certified copy of the passport or green card of the person who died.
5. A certified copy of the transit permit for the ashes from the state or county health department.
6. A health department statement confirming there is no infectious disease risk.
7. A prepaid USPS Express Mail return envelope and a money order for the fee.

The embassy says it issues the permit on the next working day once the file is complete. The slow part is step 2, because it depends on a relative and a local office in Vietnam. Start there.

Where the apostille comes in

The embassy’s permit checklist asks for certified copies and does not mention an apostille. The apostille matters for what happens in Vietnam afterwards, when the family presents the U.S. death certificate to a Vietnamese office. Common reasons are recording the death, transferring land or a house, closing bank accounts, and settling an inheritance.

Before September 2026, each of those uses meant consular legalization. Now an apostille from the Secretary of State should be enough, along with a Vietnamese translation where the office requires one.

A caution during the transition

The rule is new, and early reports say Vietnamese offices are not all applying it the same way yet. Before you rely on an apostille alone, ask the specific office in Vietnam what it will accept. If a relative is handling matters locally, have them ask in person.

How we can help

We obtain apostilles for death certificates from all 50 states for use in Vietnam. Our service starts at $195. Standard processing takes about 10 business days, and same-day or next-day service is available for qualifying Oregon, Washington, Texas and Virginia documents. We ship completed documents internationally, and we quote the shipping cost once you provide the delivery address. Call Apostille Authentications at (971) 514-3743 or request a quote.

Requirements change. Confirm the current checklist with the Vietnamese embassy or consulate before you travel. See our main guide to taking ashes abroad for the general process.

To take cremated remains to Mexico, the death certificate must be apostilled before the Mexican consulate will stamp your documents. The consulate’s stamp, called a visado, is what Mexican health authorities look for when the urn arrives.

What the Mexican consulate asks for

This list follows the Consulate General of Mexico in Los Angeles. Each consulate publishes its own version, so check the one that serves your area.

• Death certificate, apostilled. It must show the cause of death. If the cause is still pending, the consulate asks for a coroner’s letter confirming the death was not caused by a contagious disease.
• Disposition or transit permit from the health department, showing where the remains are going.
• Cremation certificate signed by the crematory and showing its license number. If the person was also known by another name, that name should appear here too.
• A Spanish translation of the documents. The Los Angeles consulate accepts a simple translation.
• Originals plus one photocopy of everything.

The Los Angeles consulate does not charge for this service, and the funeral home usually submits the documents for the family.

How the process runs

1. Order certified copies of the death certificate.
2. Have one apostilled by the Secretary of State where the death was recorded.
3. Collect the transit permit and cremation certificate from the funeral home.
4. Prepare the Spanish translations.
5. The funeral home, or the family, submits everything to the consulate and collects the stamped documents.

Two details that catch families out

First, the destination matters. If the ashes are going to Mexico City or the State of Mexico, the Los Angeles consulate also requires a Mexican death certificate and an appointment. Ask about this before you book flights.

Second, names must match. Mexican records often carry two surnames, while U.S. certificates may carry one. If the name on the death certificate differs from the passport or the Mexican birth record, raise it with the consulate early.

After the funeral

Families often need the apostilled death certificate again in Mexico, to register the death, settle property, or claim a pension. Order extra apostilled copies now, while you are already doing the paperwork.

How we can help

We obtain apostilles for death certificates from all 50 states and offer certified translation. Our service starts at $195. Standard processing takes about 10 business days, and same-day or next-day service is available for qualifying Oregon, Washington, Texas and Virginia documents. We ship completed documents internationally, and we quote the shipping cost once you provide the delivery address. Call Apostille Authentications at (971) 514-3743 or request a quote.

Requirements change. Confirm the current checklist with your Mexican consulate before you travel. See our main guide to taking ashes abroad for the general process.

Italy is one of the stricter destinations for cremated remains. Two U.S. documents must carry an apostille and an Italian translation before the consulate will issue the mortuary passport that lets the urn enter the country.

What the Italian consulate asks for

The list below follows the procedure published by the Italian Consulate General in Philadelphia. Other Italian consulates in the U.S. follow a similar pattern, but confirm with the one that covers the state where the death occurred.

The consulate also charges a fee of roughly $90, paid by postal money order. The amount moves with the euro exchange rate.

How the process runs

1. Choose the cemetery in Italy. The consulate needs its exact name, town and province, because the local Comune must authorize the burial.
2. Order certified copies of the death certificate and get the cremation certificate from the crematory.
3. Have both apostilled by the Secretary of State where the death occurred.
4. Have both translated into Italian.
5. Submit the full package to the consulate. It requests authorization from the Italian authorities.
6. Once the Comune’s authorization arrives, the consulate takes about five working days to issue the mortuary passport.

Where families lose time

The cremation certificate is the usual problem. It is a private document from the crematory, so it must be notarized under your state’s rules before the Secretary of State can issue an apostille for it. Families often get an apostille for the death certificate, then learn at the consulate that the second document is missing its apostille.

The other delay is the Comune. Its authorization is outside the consulate’s control, so have your apostilles finished before you start waiting on Italy.

How we can help

We handle both apostilles in a single order, in any state. Our service starts at $195. Standard processing takes about 10 business days, and same-day or next-day service is available for qualifying Oregon, Washington, Texas and Virginia documents. We ship completed documents internationally, and we quote the shipping cost once you provide the delivery address. Call Apostille Authentications at (971) 514-3743 or request a quote.

Requirements change. Confirm the current checklist with your Italian consulate before you travel. See our main guide to taking ashes abroad for the general process.

When someone dies in the United States, the family often wants to bring the ashes home: to a family tomb in Italy, a parish cemetery in Mexico, or a river in India. The flight is the easy part. The paperwork is what catches families off guard, usually a few days before they are due to travel.

Most countries will not accept a U.S. death certificate at face value. They want proof that the document is genuine, and for most destinations that proof is an apostille. This guide explains what that means, which documents are usually involved, and how to keep the process from holding up a funeral.

Why a foreign country asks for an apostille

A clerk at a cemetery in Sicily or a civil registry in Jalisco has no way to tell whether a certificate from a U.S. county is real. An apostille solves that. It is a certificate attached by the Secretary of State that confirms the signature and seal on the document are authentic.

More than 120 countries accept apostilles under the Hague Apostille Convention. For those countries, one apostille is all the authentication a document needs. Countries outside the convention use a longer route called legalization, covered below.

The documents families are usually asked for

Every country sets its own list, but the same few documents come up again and again.

• Certified death certificate. This is the one almost every country wants apostilled. Order several certified copies from the vital records office, because you will need them for banks and insurers too.
• Cremation certificate. Issued by the crematory. Some countries, Italy among them, want this apostilled as well, which means it first has to be notarized.
• Burial-transit or disposition permit. Issued by the local health department. It shows the remains may legally leave the area.
• Funeral home statement. A notarized letter confirming the urn contains only the cremated remains of the person named.
• Passport of the person who died. Consulates often ask for the ID of the person carrying the urn too.

Where the apostille comes from

This is the step that causes the most mistakes. An apostille is issued by the state that issued the document, not the state where you live.

If your father died in Florida and you live in New York, his death certificate goes to the Florida Secretary of State. A notarized document, such as the funeral home’s statement, goes to the Secretary of State where the notary is commissioned. Federal apostilles from the U.S. Department of State are for federal documents and are rarely needed for cremated remains.

If the country is not in the Hague Convention

For a non-member country, an apostille will not be accepted. The document goes through a chain instead: authentication by the state, then usually the U.S. Department of State, then legalization at that country’s embassy or consulate. Each step adds time, so start early.

Membership changes. Vietnam, for example, joined the convention in September 2026, so check the current status of your destination before you order anything.

The consulate usually has its own step

An apostille is often one part of a larger process. Many consulates issue their own travel document for the urn, such as Italy’s mortuary passport or Mexico’s consular visa on the documents. The consulate will not issue it until your apostilled paperwork is in order. Some consulates, such as those of the Philippines and India, work from the original certificates and do not ask for an apostille at all.

Make your first call to the consulate that covers the state where the death occurred. Ask for their written checklist for cremated remains.

Five ways to avoid delays

1. Do not send a photocopy. Only a certified copy issued by vital records can be apostilled.
2. Do not send the document to the wrong state.
3. Do not forget the translation. Many countries want a certified translation of each apostilled document.
4. Do not skip notarization on the cremation certificate when the destination wants it apostilled.
5. Do not wait until the week of travel. Mail-in apostilles can take weeks in some states.

A short checklist

• Ask the consulate for its cremated-remains checklist
• Order at least three certified copies of the death certificate
• Get the cremation certificate and funeral home statement, notarized if required
• Have the required documents apostilled in the correct state
• Arrange certified translations
• Submit everything to the consulate and collect its permit
• Confirm the airline’s rules for carrying or shipping an urn

How we can help

We obtain apostilles in all 50 states, so the paperwork does not delay the service your family has planned. Our service starts at $195. Standard processing takes about 10 business days, and same-day or next-day service is available for qualifying Oregon, Washington, Texas and Virginia documents. We ship completed documents internationally, and we quote the shipping cost once you provide the delivery address. Call Apostille Authentications at (971) 514-3743 or request a quote.

This article is general information, not legal advice. Requirements differ by country and by consulate and change without notice.

Country guides in this series: Italy, Mexico, Vietnam, the Philippines and India.