A paper based notarial document is the traditional format and is widely accepted. In fact, some jurisdictions and recipients will only accept paper documents. This is particularly true when it comes to documents that need to be attested by an embassy or consulate. They will want the paper version so that they can attach their own stamps to it. While many countries are now using e-apostilles, not all do, so it is always best to check with the recipient that they will accept it.
There are also some documents that cannot be reformatted digitally, this is usually documents that have been produced by a UK government department such as birth, marriage or death certificates. These documents are subject to Crown Copyright which means that they cannot be reproduced to evidence an event and the FCDO will not attach an (e-)apostille to a document that includes a (photo)copy of one of these certificates.
The most common use of digital notarisation and e-apostilles are on education documents being used in Europe. These documents are verifiable and can often be notarised remotely. Others such as affidavits, oaths and declarations are still required to be done in person. They can be signed on paper and notarised and once scanned in have the digital signature (detailed below) applied. We can also sign the document electronically and that is detailed in the notarial certificate. Deeds are typically signed in person, this is because they require a physical witness. There are procedures that can be detailed in full in the notarial document that allows remote notarisation but not every jurisdiction likes it. Again, this would need to be verified by the recipient that it is acceptable to them and those that will ultimately rely on the document.
When a paper document is notarised, I sign my notarial signature with a pen and apply an embossed seal. With a digital document, these are applied via a DocuSign platform and then securely signed. My identity has been verified so that a QES signature can be applied to the document. These details are embedded in the document and it is this signature that the FCDO check when the attach the e-apostille.
The formats of the documents cannot be mixed so a paper document can only have a paper apostille and a digital or e-notarisation can only have an e-apostille attached.
The advantages of a digital notarisation is speed. The verification process is the same and will take the same time as a paper document would, but digital documents can be delivered quickly internationally by email rather than by courier. The time it takes to obtain an apostille is also greatly reduced. Contacting the FCDO directly for a paper apostille takes fifteen working days (a next day service is available via agents) but an e-apostille is stated to be 48 hours (I have had a same day service recently). Another advantage is cost if an e-apostille is required. As the documents are delivered electronically there are no postage costs and the e-apostille is £35 as opposed to the £45 charged for paper versions.
Whilst not massively popular at the moment, I believe that the use and function of digital notarisation and e-apostilles will grow over time. At present there are cons as well as pros for their use.
If you have any questions or would like to check if your situation allows the use of digital notarisation, please don’t hesitate to get in touch.