What is the "Hague Conference on Private International Law"? The Hague Conference on Private International Law is an intergovernmental organisation, the purpose of which is "to work for the progressive unification of the rules of private international law"
It’s a world organization with nearly 70 Members representing all continents, the Hague Conference on Private International Law is a global inter-governmental organisation. A melting pot of different legal traditions, it develops and services multilateral legal instruments, which respond to global needs.
An increasing number of non-Member States are also becoming Parties to the Hague Conventions. As a result, the work of the Conference encompasses 130 countries around the world.
What is the general purpose of the Hague Convention? Personal and family or commercial situations which are connected with more than one country are commonplace in the modern world. These may be affected by differences between the legal systems in those countries. With a view to resolving these differences, States have adopted special rules known as "private international law" rules.
The statutory mission of the Conference is to work for the "progressive unification" of these rules. This involves finding internationally-agreed approaches to issues such as jurisdiction of the courts, applicable law, and the recognition and enforcement of judgments in a wide range of areas, from commercial law and banking law to international civil procedure and from child protection to matters of marriage and personal status.
Over the years, the Conference has, in carrying out its mission, increasingly become a centre for international judicial and administrative co-operation in the area of private law, especially in the fields of protection of the family and children, of civil procedure and commercial law.
What is an Apostille?
Apostille is a French word (pronounce ah-poh-STEEL) , which means a certification.
An Apostille is the legalization of a document for international use
under the terms of the 1961 Hague Convention Abolishing the Requirement
of Legalization of Foreign Public Documents, popularly known as The
Hague Convention.
Overseas authorities sometimes need proof
that American documents, or the signatures of American officials on
documents, are genuine before they will accept them. The Secretary of
State will certify that a signature, stamp or seal on an official
American document is genuine and stamping the document with an
AUTHENTICATION or APOSTILLE. This is a LEGAL process.
Documents that have been Apostilled are accepted for legal use in all the nations that have signed the Hague Convention.
Why do I need one?
If you open a Swiss bank account by mail,
the bank will not see the original of your passport. The people who process your
application in the back office will have to check that the copy is correct. Each
bank has devised its own way of establishing whether a passport copy is
acceptable to open an account. Some banks will accept a passport copy if it has
been authenticated (legalized, certified) by a notary public, but
most will require that the document bears an apostille.
Where can I get an apostille?
Each country party to the Hague Convention designates an authorithy
within its territory that can issue apostilles. For example, in the
USA, it is the office of the state's secretary. In practice, you should
contact a notary to get an apostille. Please note that some notaries
may not be familiar with this procedure - they may propose you an
ersatz that they are more familiar with. If it does not bear the term
"APOSTILLE" in big, that's not it. Also, you don't have to explain why
you need an apostille when dealing with your notary - just tell him
what you need. Finally, please bear in mind that there are some
countries that did not sign this treaty yet and thus no apostilles can
be obtained.
What should I do if I can't get one?
If
an apostille is required to authenticate a copy of your passport, no substitute will
be accepted by the bank. If you cannot get one, contact us to see if there are
alternative ways of legalizing your document. Don't try to get just any type of
official seal - this won't work and the bank won't open the account.
Why do I need an Apostille?
Prior to the introduction of apostille Convention there was a considerable burden on authorities to check the authenticity of foreign documents. However, on 5 October 1961 the Hague Convention abolished the requirement of legalization for foreign public documents. The Convention reduces all of the formalities of legalization to the simple delivery of a certificate in a prescribed form, entitled APOSTILLE, by the authorities of the state where the document originates. So, you will need an Apostille or official authentication to certify that the document is a true copy of the original. However, it does not certify that the original document’s content is correct, however.
What does an Apostille do? According to the Hague Convention, the object of the Apostille is to abolish the requirement of diplomatic or consular legalization for foreign public documents. The completed Apostille certifies the authenticity of the signature, the capacity in which the person signing the document has acted, and identifies the seal/stamp that the document bears.
What is an Apostille used for?
When a document is to go to a foreign country, it is often necessary to have the notarization or official certification authenticated. For example for international marriages, adoptions, dual citizenship, inheritance, to study abroad, corporate contracts, trademark registration, among many others. The Apostille is an official certification that the document is a true copy of the original. It does not certify that the original document’s content is correct, however.
Which States and Regional Economic Integration Organizations are Members of the Hague Conference? The Hague Conference has currently 67 Members: Albania, Argentina, Australia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, China, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, the European Community, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Jordan, Republic of Korea, Latvia, Lithuania, Luxembourg, The former Yugoslav Republic of Macedonia, Malaysia, Malta, Mexico, Monaco, Montenegro, Morocco, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Romania, Russian Federation, Serbia, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay and Venezuela.
When is an Apostille effective? Once a document has been Apostilled, thereby providing official government authentication of the signatures and stamps appearing on it, it is automatically deemed \”legalized\” for use in another member country. An Apostille is effective upon the date it is issued.
Do I need an Apostille for an international wedding? Overseas marriages are legal in the US. However, the American citizens couples that consider getting married abroad may meet some specific requirements such as provide an Apostille for most of the following documents: birth certificate, divorce or death certificate of any previous marriage, certificate of single status, certificate of no-impediment, change of name deed (required if you have changed your name), a passport certifying the citizenship of the applicant.
Likewise, once the marriage has been celebrated in the foreign country, make sure to get an Apostille from this country in order to be registered here in the US.
What kinds of documents can be submitted for an Apostille? All kinds and types of documents including:
- Adoption Certificates
- Affidavits, Deeds & Wills.
- Agreements & Mandates
- Apprenticeship & Indenture Certificates
- Awards, Degrees, Diplomas & Transcripts.
- Baptism & Confirmation Certificates
- Bills of Sale & Proof of Ownership
- Birth, Marriage & Death certificates.
- Books & Novels
- (Decree Nisi/Absolute & Annulment)
- Company Certificates & Articles of Memorandum
- Copyright Testimonies
- Ebooks (printed hardcopies)
- Executor of Will Confirmation
- Judgments & Edicts
- Indemnity Certificates
- otary Oaths
- Passports, Permits & Identity Documents
- Plans & Schematics
- Power of Attorney & Letters of Authorization
- Private papers & Letters of Administration
- Representative family tree parchments