Legal Documents

In October of 1981, the United States became part of the 1961 Hague Convention. This abolished the Requirement of Legalization for Foreign Public Documents. Countries that have joined the convention are able to take advantage of a simplified version of a certified legal documents. This include notarized documents.

Due to the existence of the Hague Convention, all countries that have joined agree to recognize public documents that are issued by other countries, as long as they, too, are members of the Hague Convention. The public documents must have authentication in the form of an attachment that is internationally known and recognized. This form of authentication is known as an apostille.

-The point of the apostille is that it ensures and validates that the public document issued in one country will be valid and recognized in another country,as long as both of those countries belong to the Hague Convention. This form of authentication assures the legality of such a document.

-When used in a foreign country, it may be necessary use authentication to have a legally recognized notarized or certified document. Foreign countries usually require a document to go through the authentication process before that document will be legally accepted. The authentication certifies that the signature of the official who issued the document is legal.

-The apostille is used to certify the legality and authentication of the signature on the legal document; it also certifies the authentication of the seal affixed to the document.

-If the apostille is issued by a state, then the apostille will consist of a one page document with an embossed seal of that state stamped onto it. For example, if the apostille is issued in New York, it will be embossed with the Great Seal of the State of New York. This procedure for authentication holds true for most states. The apostille also includes the replicated signature of the individual in charge of issuing the certificate or document.

-Most documents that are submitted to a state for official authentication must be notarized before they are submitted for approval. They must also have the signature of the notary public certified at the office of the county clerk. That office should be located in the area that the notary is qualified to perform such duties. It will then be up to the county clerk’s office to affix its official seal and signature to the document. These documents should then be submitted through mail or in person to the Department of State’s Certification Unit or State Records office.

-Some states may charge a fee for issuing an apostille. This fee may vary depending on the state. One should check with their Department of State to find out the applicable fee for authentication process. For example, the state of New York has a processing fee of $10.