Apostille Verification and Electronic Registers

What apostilles look like

Some parts of an apostille are required by the Apostille Convention:

• An apostille should be identified as an apostille.
• It should include the short version of the French title of the Apostille Convention.
• It should include a box with 10 numbered standard information items. For example:

Other informational items are optional:

• An apostille can provide information about the public document to which it relates, warn that it only certifies the origin of the public document, provide a URL of a register where the origin of the apostille can be verified, or warn that the apostille is not to be used in the country that issued it.
• Design, color and size of apostilles can vary considerably. Although an apostille is expected to conform as closely as possible to the model provided by the Apostille Convention, apostilles do not all look alike.

How recipients of a document can verify an apostille

To verify a particular apostille, the recipient can contact the Competent Authority. Contact information may be found listed in the Apostille Section of the Hague Conference website (www.hcch.net).

Rejection of apostilles

If apostilles are not issued in accordance with the requirements of the Apostille Convention, they can be rejected.

Electronic apostilles and electronic registers of apostilles

The Apostille Convention allows Competent Authorities to issue apostilles in electronic form, known as e-apostilles. Competent Authorities are also allowed to maintain electronic registers of apostilles (e-registers.)

In fact, many Competent Authorities are developing e-apostilles and e-registers as suggested by the Permanent Bureau (Secretariat) of the Hague Conference under the electronic Apostille Pilot Program (e-APP.) You can find out more about it here http://www.hcch.net/upload/e-app5_bernasconi.pdf.

Need help with apostilles or legalizations?

Understanding when you need an apostille and what it takes to get one can involve many steps. If you need to go through the legalization process instead, the complexity increases considerably.

If you'd like assistance with your apostille and legalization needs, you can contact CLAS at 1.800.952.5696, or on our website, www.clasinfo.com.

Apostilles: When and Where Do You Get Them?

When are apostilles necessary?

You'll need an apostille if, in addition to both countries being party to the Apostille Convention:

• The country where the document was issued considers it to be a public document.
• The country in which the document will be used requires an apostille in order to recognize the document as a foreign public document.

Some countries may not require apostilles for certain documents. If you're not sure whether an apostille is required, you may need to as the recipient of you document whether it will be necessary.

Where to get apostilles

As a requirement of the Apostille Convention, member countries must designate one or more authorities to issue apostilles. These are known as Competent Authorities and only they are allowed to issue apostilles.

If a country has more than one Competent Authority, you'll need to determine which of these is appropriate for your situation. The Apostille Section of the Hague Conference website (www.hcch.net) provides contact information for most Competent Authorities.

For example, the Hague Conference website shows that the Designated Competent Authority for the United Kingdom is the Foreign and Commonwealth Office of the Legislation Office.

Of course, you may also choose to use a service company such as CLAS to obtain your apostilles if you prefer not to spend the time doing it yourself.

Additional matters to consider when you request an apostille include:

• Whether you can request the apostille by mail, or if you'll need to request it in person.
• If you have multiple documents, whether you'll need multiple apostilles.
• Whether you'll need additional documents (proof of your identity, a stamped envelope for requests by mail, etc.).
• How much the apostille costs and accepted forms of payment. Some Competent Authorities do not charge for apostilles. Others do charge, and prices vary greatly.
• How long it will take for you to get the apostille.

Apostilles or Legalizations: Which Do You Need?

Determining which you'll need - apostille or legalization

To find out which countries are party to the Apostille Convention or who will soon be party to it, you can go to the Status Table in the Apostille Section of the Hague Conference website, www.hcch.net. The table looks like this:

When using this table, there are a few things you'll need to watch out for:

• Both the country where the public document was issued and the country where it will be used must be party to the Apostille Convention.
• The convention applies to both members and non-members of the Hague Conference. The status table distinguishes between these two types of members; however, both types are party to the Apostille Convention.
• Countries can only receive or issue apostilles after their date of entry.
• If one of the countries has acceded to the convention, the other country may also have objected. If so, you may not be able to use an apostille for your situation.

If you find that the Apostille Convention does not apply to your situation, you may need to contact the embassy or a consulate of the country where the documents will be used.

Apostilles: Nicaragua Joins Apostille Convention

As of 5/14/2013, the Apostille Convention entered into force for Nicaragua.

This makes Nicaragua the 104th Contracting State.

This means that going forward from this date, foreign public documents will not need to go through the legalization process. Instead, they will only require apostille certifications issued by the appropriate Secretary of State offices, or the equivalent offices.

Related links:
Apostilles and Legalizations - CLAS Notes
Nicaragua Joins the Apostille Convention - Hague Conference News

Apostilles and Legalizations

What are apostilles and legalizations, and when do you need them?

If you need to provide documents to a foreign country, you also need to understand when apostilles are necessary and when you may be faced with the more prolonged legalization process. Knowing the facts will help you avoid time-consuming research and costly mistakes.

Apostilles

Often, before a public document can be used in a country other than the one that issued it, its origin must be authenticated. To facilitate this, many countries have joined a treaty that simplifies the process of authentication. The full name of this treaty is the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. It is more commonly known as the Apostille Convention.

An apostille is a certificate that authenticates the origin of a public document according to the rules of this convention. Apostilles can only be issued when:

• The public documents to be apostilled are issued by a country that is party to the Apostille Convention.
• The public documents to be apostilled are to be used in another country which is also party to the Apostille Convention.

An apostille only certifies the origin of the public document. It does not certify the content of the public document.

The Apostille Convention applies only to public documents. Some examples of these are birth, marriage and death certificates; court documents; patents; diplomas and more. As a requirement of the convention, member countries must designate one or more authorities to issue apostilles. These are known as Competent Authorities. If you aren't certain whether your document is a public document, you can contact the appropriate Competent Authority of the country that issued the document.

An apostille must be placed directly on the public document itself, or on a separate attached document. This attachment is called an allonge. It can be affixed as a rubber stamp, a sticker, an impressed seal, etc.

If an apostille is placed on an allonge, it can be attached to the underlying public document with glue, grommets, staples, ribbons, wax seals, or by other means. There are no specific rules for how to attach the allonge.

Legalizations

The process for authenticating public documents which are to be used in other countries when the Apostille Convention does not apply is called legalization. (British spelling, legalisation.)

This process may consist of several individual authentications of the document, involving officials of the country where the document was issued and officials from the consulate or foreign embassy of the country where the document will be used.

Because many officials may be involved, the legalization process is usually time-consuming, expensive and inefficient.

U.S. Virgin Islands: Registered Agent, Good Standings, Corporate and UCC Searches, and More

The United States Virgin Islands consist of the four main islands of St. Thomas, St. John, St. Croix, Water Island and many other minor islands. Services available in the U.S. Virgin Islands include:

• Certificates of Good Standing
• Verbal Good Standings
• Corporate Searches
• Credit Reports
• Forming New Companies (including Registered Agent)
• Registered Agent ONLY
• UCC Retrievals / Searches
• Certified Copies of Charter Documents
• Plain Copies of Charter Documents
• Business License Renewals

If you need assistance with any of these or if you have questions about services not listed here, CLAS can help. Just call your CLAS service representative at 800.952.5696, contact us or post a comment below. We'll be glad to help.