Notarisation, apostille and consular legalisation: how to tell them apart in cross-border document authentication

In short: in contracts, inheritance and company procedures involving overseas parties, you arrange "authentication" so that a document is accepted abroad (or in Japan) as genuine. There are four things to grasp: (1) notarisation (a notary makes a notarial deed); (2) authentication of a private document (a notary certifies that the signature/seal on a privately made document is the person's own; Notary Act, Article 1, item 2, and Article 58); (3) an apostille (a certificate by tag attached by the Ministry of Foreign Affairs); and (4) consular legalisation. If the destination country is a party to the "Convention Abolishing the Requirement of Legalisation for Foreign Public Documents" (the Hague/Apostille Convention; in force for Japan from 27 July 1970), an apostille suffices; if not, you need the Ministry's certification of the official seal plus consular legalisation by the country's embassy in Japan. From 7 November 2023 an apostille can be used between Japan and mainland China, and Hong Kong and Macao are also within the Convention, but Taiwan is outside it and follows a separate route via the Japan-Taiwan Exchange Association and others. This article is general information and does not judge the individual need, form, evidentiary weight or registration eligibility of a document.

How do notarisation, private-document authentication, apostille and consular legalisation differ?

The words look alike and are easily confused, but their roles differ. The first two (notarisation, private-document authentication) are the stage of "preparing the document" inside Japan; the last two (apostille, consular legalisation) are the stage of "making that document valid abroad."

Term	What it does	Basis / who does it
Notarisation (making a notarial deed)	A notary makes a contract, power of attorney, etc. as a public document	Notary Act, Article 1, item 1 / notary
Authentication of a private document	A notary certifies that the signature/seal on a privately made document is the person's own	Notary Act, Article 1, item 2, and Article 58 / notary
Apostille	The Ministry of Foreign Affairs attaches a tag certificate to a public document for a Convention party	Hague Convention / Ministry of Foreign Affairs
Consular legalisation (+ certification of official seal)	After the Ministry's certification of the official seal, the embassy in Japan authenticates a document for a non-party	Each country's practice / Ministry and embassy in Japan

The key point is that a private document (a contract, power of attorney, affidavit, etc.) cannot receive the Ministry's certification as it is: it must first pass a notary's private-document authentication. Conversely, a public document such as a family-register copy or a certificate of registered matters can proceed to the Ministry's certification without a notary's authentication.

How does it change depending on whether the destination country is a Hague Convention party?

The fork is "whether the destination country is a party to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents." If it is a party, a single apostille lets you skip consular legalisation. If it is not, you receive the Ministry's certification of the official seal and then consular legalisation at that country's embassy or consulate in Japan.

Laying out the flow for sending from Japan abroad, for public and private documents:

Kind of document	To a Convention party	To a non-party
Public document (family register, certificate of registered matters, etc.)	Apostille from the Ministry of Foreign Affairs	Ministry's certification of official seal → consular legalisation at the embassy in Japan
Private document (contract, power of attorney, etc.)	Notary's private-document authentication → (District Legal Affairs Bureau chief's certification) → Ministry's apostille	Same → Ministry's certification of official seal → consular legalisation

For private documents, some notary offices in Tokyo, Kanagawa and Osaka offer a handling by which the notary's authentication, the Legal Affairs Bureau chief's certification and the Ministry's certification are obtained together (whether it is available differs by destination and document, so confirm in advance). Conversely, to use a document made abroad in Japan: if it was issued by a Convention party, you can use the apostille attached by that country's authority as it is on the Japanese side; if issued by a non-party, you receive consular legalisation at the Japanese embassy or consulate-general locally. For arranging electronic contracts and powers of attorney from afar, see also Electronic contracts and powers of attorney from a distance.

Which route applies for Taiwan, Hong Kong and mainland China?

Even within the Chinese-speaking world, the route differs by region because of how each joined the Convention. Getting it wrong means redoing the authentication.

Region	Certification used	Main authority / window
Mainland China	Apostille (in force between Japan and China from 7 November 2023)	China's Ministry of Foreign Affairs and the local foreign-affairs offices it entrusts
Hong Kong / Macao	Apostille (within the Convention from before, separately from the mainland's accession)	Hong Kong: the High Court; Macao: the designated competent authority
Taiwan	Outside the Convention (no apostille)	Japan-Taiwan Exchange Association; Taipei Economic and Cultural Representative Office

For mainland China, from 7 November 2023 an apostille can be used between Japan and China, replacing the former consular legalisation. Hong Kong and Macao, as special administrative regions, have been within the Convention from before, separately from the timing of the mainland's accession. Taiwan, by contrast, is not covered by the Convention, so an apostille cannot be used; between Japan and Taiwan, certification and authentication go through the Japan-Taiwan Exchange Association and the Taipei Economic and Cultural Representative Office. The kinship notarial certificate and its authentication used in mainland-China inheritance are covered in Mainland Chinese heirs, the kinship notarial certificate and authentication, and Taiwanese seal certificates in Taiwanese seal certificates and estate division.

Which authentication is needed for inheritance, contracts and company formation?

The authentication needed, and who handles it, changes with the situation. Here are three common cases.

Situation	Documents that typically need authentication	Main flow
Cross-border inheritance	Signature certificate and power of attorney of an overseas heir; a notarial certificate showing kinship in the home country	Private-document authentication (or home-country notarisation) + apostille / consular legalisation
Cross-border contract	Contract, power of attorney, affidavit	Notary's private-document authentication + apostille / consular legalisation
Foreign company / branch establishment	A certificate corresponding to the home-country registration; the representative's signature certificate	Home-country notarisation/authentication + apostille / consular legalisation

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In every case, where someone who does not read Japanese signs a Japanese-language document, it is practice to attach a parallel translation and explanation so they can sign after understanding the content. For the whole picture where an heir lives abroad or is a foreign national, see When an heir lives abroad or is a foreign national; for estate-division evidence for English-speaking heirs in Hong Kong, Singapore, etc., see Estate-division proof for overseas heirs (Hong Kong, Singapore, etc.); and for company formation by entrepreneurs from the Chinese-speaking world, see The "Business Manager" status of residence and company formation. Because the submission destination ultimately decides which authentication is needed, confirm with the destination before preparing the documents.

Who handles document preparation, litigation and registration?

Authentication is the practice of "preparing documents." Our office (administrative scrivener) supports preparing contracts, powers of attorney, affidavits and translations that need authentication, and guides you through the notary-office and Ministry-of-Foreign-Affairs procedures and document collection. However, the following judgements are the field of each qualified professional.

• The evidentiary weight a document has in litigation, and how it is used if a dispute arises → attorney
• Whether an authenticated document is eligible as an attachment for registration, and agency for the registration application → judicial scrivener
• Judgement on inheritance tax and international taxation → tax accountant
• Notarisation/authentication on the home-country side (making a local signature certificate or notarial certificate) → a local notary or attorney

These proceed as independent businesses from our office, under separate contracts or consultations. No referral fee or other money is exchanged between them. Sale and use of real estate in inheritance are handled by Yotsuba Real Estate Co., Ltd., a separate business (Inheritance and Real Estate). Please also see our office's Services, Engagement Flow and Fee Schedule.

FAQ

Q. Do I need both an apostille and consular legalisation?
A. Usually one or the other. If the destination country is a party to the Hague Convention, an apostille suffices and consular legalisation is not needed. If it is a non-party, you receive the Ministry's certification of the official seal and then consular legalisation at the embassy in Japan. Both are not usually required, but treatment may differ by the destination's practice, so confirm in advance.

Q. Can a contract or power of attorney (a private document) get an apostille straight from the Ministry of Foreign Affairs?
A. No. A private document must first receive a notary's private-document authentication (Notary Act, Article 1, item 2, and Article 58). Only then does it proceed to the Ministry's apostille or certification of the official seal. A public document such as a family-register copy or certificate of registered matters can proceed to the Ministry's certification without a notary's authentication.

Q. Can an apostille be used for documents sent to Taiwan?
A. No. Taiwan is not covered by the "Convention Abolishing the Requirement of Legalisation for Foreign Public Documents," so the apostille system does not apply. Between Japan and Taiwan, certification and authentication go through the Japan-Taiwan Exchange Association and the Taipei Economic and Cultural Representative Office. Because procedures and forms differ by destination, confirm individually.

Q. Are Hong Kong documents treated the same as mainland China?
A. The framework is the same apostille, but the granting authority differs. Hong Kong and Macao, as special administrative regions, have been within the Convention from before—separately from the mainland's accession on 7 November 2023—and in Hong Kong a competent authority such as the High Court grants the apostille. For mainland China, it is granted by the Ministry of Foreign Affairs and the local foreign-affairs offices it entrusts.

Sources (Primary Information)

• e-Gov Law Search, "Notary Act" (Act No. 53 of 1908), Article 1 (duties of a notary) and Article 58 (authentication of a private document) (accessed 2026-09-21)
• Ministry of Foreign Affairs of Japan, explanation of "Certification (certification of official seal / apostille) and certification at overseas missions" (certification of the official seal and apostille for public documents; the consular-legalisation flow for non-parties) (accessed 2026-09-21)
• Hague Conference on Private International Law, "Convention Abolishing the Requirement of Legalisation for Foreign Public Documents" (1961). In force for Japan from 27 July 1970; for mainland China, in force between Japan and China from 7 November 2023 (accessed 2026-09-21)
• Japan-Taiwan Exchange Association, "Certification services" (the window for certification/authentication with Taiwan; handling outside the Convention) (accessed 2026-09-21)
• Japan National Notaries Association, "Authentication of a private document" (explanation of private-document authentication under Notary Act, Article 58) (accessed 2026-09-21)

This article is general information and does not judge or guarantee the individual need or form of authentication, the treatment by each submission destination, the evidentiary weight a document has in litigation, or its eligibility as an attachment for registration. Because the submission destination ultimately decides which authentication is needed, confirm with the destination before preparing the documents. Judgement on evidentiary weight and use in a dispute is by an attorney; judgement on eligibility as a registration attachment and agency for a registration application is by a judicial scrivener; judgement on inheritance tax and international taxation is by a tax accountant; and notarisation/authentication on the home-country side is by a local notary or attorney—each as an independent business under a separate contract or consultation. Sale and use of real estate in inheritance are handled by Yotsuba Real Estate Co., Ltd. as a separate business, and no referral fee is exchanged with our office. Our office (administrative scrivener) supports preparing contracts, powers of attorney, affidavits and translations that need authentication, and guides you through the notary-office and Ministry procedures and document collection. Individual judgements are made by a qualified professional after a meeting. Written by Joji Uramatsu, administrative scrivener and licensed real estate broker.