What is Legalisation and what is Apostille?
Legalisation by a notary public is a process that involves verifying and certifying the authenticity of a document or a signature to make it legally acceptable for use in a foreign country. This process ensures that documents executed in one country are recognised as valid in another. Here’s a detailed explanation of what legalisation involves, why it’s necessary, and how it works:
What is Legalisation?
Legalisation is the process of authenticating a document so that it is legally recognised in a foreign jurisdiction. It involves a series of steps to verify the origin and authenticity of a document, ensuring that it complies with the legal requirements of the destination country. Legalisation is often necessary for official documents such as birth certificates, marriage certificates, educational diplomas, contracts, powers of attorney, and corporate documents.
Why is Legalisation Necessary?
- International Recognition:Legalisation is required to ensure that documents issued in one country are recognised as valid in another country.
- Legal Compliance:Many countries require legalised documents for legal proceedings, business transactions, immigration, and other official purposes.
- Fraud Prevention:Legalisation helps prevent fraud by verifying the authenticity of documents and signatures.
- Regulatory Requirements:Some industries and sectors have specific regulatory requirements that mandate the legalisation of certain documents.
The Legalisation Process
The legalisation process typically involves several steps:
1.Notarisation
- Notary Public Verification:The document is first notarised by a notary public. The notary public verifies the identity of the signatory, witnesses the signature, and certifies that the document is genuine.
- Notary’s Seal and Signature:The notary applies their official seal and signature to the document, certifying its authenticity.
2.Apostille (for Hague Convention Countries)
- Apostille Certificate:If the document is intended for use in a country that is a member of the Hague Convention, an apostille is obtained. The apostille is a certificate that verifies the authenticity of the notary's signature and seal.
- Issued by the Foreign, Commonwealth & Development Office (FCDO):In the UK, the FCDO issues the apostille, which is attached to the notarised document.
3.Legalisation by Embassy or Consulate (for Non-Hague Convention Countries)
- Embassy or Consulate Legalisation:For countries not part of the Hague Convention, the document must be further legalised by the embassy or consulate of the destination country. This step confirms the authenticity of the document for countries that require additional verification.
- Authentication by Government Authorities:Some countries may require additional authentication by government authorities, such as the Foreign Ministry, before embassy or consulate legalisation.
Documents Commonly Subject to Legalisation
- Personal Documents:Birth certificates, marriage certificates, divorce decrees, adoption papers, and other civil documents.
- Educational Documents:Diplomas, transcripts, and certificates of education.
- Business Documents:Articles of incorporation, certificates of good standing, contracts, and commercial agreements.
- Powers of Attorney:Documents granting legal authority to act on behalf of another person or entity.