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The electronic Apostille Pilot Program FAQs (frequently-asked questions)
Category: Main -> 1. The Apostille Convention
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Answer1.1 What is the Apostille Convention? The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention) is one of the most successful Conventions adopted under the auspices of the Hague Conference on Private International Law (HCCH). It facilitates the circulation of public documents executed in one State party to the Convention and to be produced in another State party to the Convention. At present, there are more than 90 Contracting States to the Convention. Of all the Hague Conventions, the Apostille Convention has attracted the highest number of States Parties. 1.2 What is the purpose of the Apostille Convention? The Apostille Convention facilitates the circulation of public documents by replacing the cumbersome and often costly formalities otherwise required pursuant to an authentication process known as "legalisation" or "chain legalisation". Under the Apostille Convention, a public document is authenticated by the mere issuance of an Apostille (also called Apostille Certificate or Certificate). Apostilles may only be issued by a Competent Authority designated by the State from which the public document emanates. The Permanent Bureau (Secretariat) of the Hague Conference on Private International Law neither issues nor keeps copies of Apostilles. The Apostille is placed by the Competent Authority on the public document itself or on an allonge. The Apostille must comply with the model annexed to the Convention. In addition, each Competent Authority is required to keep a Register in which it records the Apostilles it has issued. 1.3 Which States are party to the Apostille Convention? At present the Convention is in force in more than 90 States. 1.4 How are paper Apostille-Certificates issued and affixed? Apostilles may only be issued by a Competent Authority designated by the State from which the public document emanates. The Apostille Certificate is placed by the Competent Authority on the public document itself or on an allonge. The Apostille must comply with the model annexed to the Convention. There are a variety of means for affixing Apostilles to the public document. These means may include rubber stamp, glue, (multi-coloured) ribbons, wax seals, impressed seals, self-adhesive stickers, etc.; as to an allonge, these means may include glue, grommets, staples, etc. 1.5 What types of public documents fall within the scope of the Apostille Convention? The Convention applies only to public documents (see Art. 1 of the Convention). These include:
The main examples of public documents for which Apostilles are issued in practice include:
On the other hand, the Convention does not apply to documents executed by diplomatic or consular agents, or to administrative documents dealing directly with commercial or customs operations. For more information on the Apostille Convention in general, see the "Apostille Section" of the Hague Conference's Web site (www.hcch.net).Back to top 1.6 What is the purpose of the Register which each Competent Authority must operate (Art. 7)? Each Competent Authority is required to keep a Register in which it records the number and date of every Apostille it has issued, as well as the name of the person who signed the public document and the capacity in which he or she acted, or in the case of unsigned public documents, the name of the authority which has affixed the seal or stamp. The Registers, which may be accessed by any interested person, are an essential tool to combat fraud and assess and/or verify the origin of an Apostille in case of doubt. Back to top1.7 How often is the Apostille Convention used? The Apostille Convention is used thousands of times a day. [ FAQ index ]
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