Apostille Information

The term apostille means certification in French, which is the essential function of an apostille. Obtaining an apostille for an official document is a way to ensure the document's authenticity in a foreign jurisdiction. It is similar to having a document notarized, except that apostilles are recognized internationally whereas notary stamps are not.

History

The apostille process was born under the auspices of The Hague Convention of October 5, 1961. The intent was to avoid a full legislation process to ensure the legality of official documents originating from a foreign country. Instead, officials in the signatory countries (including the United States) agreed to recognize the apostille certificate as a form of validation for the document in question.

Function

The only function of the apostille certificate is to authenticate three features of a public document. It is the legal validation of the document's signature, the signer's official capacity and the identity of any official stamp or seal on the document.

Warning

Apostilles are more challenging to obtain than a notary stamp. Apostilles can only be issued by officials designated as competent authorities by the Hague Conference. In the United States, these competent authorities include the Authentication Office of the United States Department of State; United States federal court clerks; secretaries of state; clerks in the office of the Lieutenant Governor; and the United States embassy consular and diplomatic officials.

Considerations

The apostille certificate can only authenticate public documents.The Hague Conference recognizes documents that originate from authorities associated with a court or tribunal of the State, administrative records, notarial acts and official certificates placed on documents signed by a person in his private capacity. Common documents accepted for apostilles include birth certificates, marriage licenses, death certificates, extracts from commercial registers, patents, court rulings, academic diplomas and notarial acts.

Features

The features of an apostille are specific and should not vary. The apostille must either be stamped directly onto the document to be authenticated, or should be attached as an annex to the official document. It should include information regarding the document's country of origin, signature and signer's official capacity. It should bear information regarding where, when and by whom it was certified. The apostille should feature the signature of the authenticating official.