Your Local Legal Magazine
Page 8 Apostilles – what they are and where you can get one.
Female Focus by Ana Gay
What is it? Apostilling a document consists of adhering a stamp to a public document, or an extension of the same. This stamp is to certify the authenticity of the signature of the document issued in a country that is part of The Hague Convention, of the 5th October 1961, and substitutes the Legalisation of Foreign Public Documents to be used in other countries, also part of The Hague Convention.
This means that documents issued in a country, part of the treaty, must be recognised in other Hague Convention countries without the necessity of any other type of authenticity. You can find a list of these countries on the Web.
Which documents can be Apostilled? Public Documents: Judicial documents: Any document issued by an authority or civil servant working for State jurisdiction, including those issued by the Public Ministry, secretary, official or judicial agent. Administrative Documents: Official certificates that have been set out on private documents, such as Registry Certificates of a document, certifying the date and the official and notarial authenticity of signatures on a private document (such as the Powers of Attorney that we draft in the office in two languages that are to be legalised by a Notary Public in another country).
However, this is NOT applicable to: Documents issued by diplomatic or consular workers. Administrative documents relating directly to commercial or customs operations.
Documents that, in function of the International Conventions, are exempt from being legalised or Apostilled.
Who can apply for an Apostille: Any person holding the original document can apply for the Apostille.
Where to apply for an Apostille: There are certain offices in which to apply for Apostilles in Spain, depending on the area. For the Costa Blanca area for example, the office is in Valencia. In the United Kingdom the Apostilles are applied for in Milton Keynes.
Notarial Documents or private documents where a Notary has legalised the signature must be Apostilled via the School of Notaries, or their delegates. Public Judicial documents issued by the National or Supreme Tribunals must be Apostilled by the Office of the Government Secretary of these Tribunals, or their delegates.
Should you need a document Apostilling and/ or translating, please do not hesitate to contact us at Link Point Legal on 96 626 0500 or email me on:
anagay@linkpointlegal.com.
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