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APOSTILLE VS. AUTHENTICATION: WHAT’S RIGHT FOR YOU?

Are you planning on doing business on the international scene? If yes, it’s only a matter of time before you will need to certify and authenticate your business documents. It is only by doing this that these papers can be accepted internationally. Given the digital age, you may reason that all this information would be available online. Well, not quite. With forgers having made it clear that not all documents are as legitimate as it seems, authorities have become even keener on the documents they come across. To use a US document in another country, it will have to go through some checks that we will cover in this piece.

Legalization

Legalization is all about authorities going through your paperwork and deeming it fit for use in a foreign country. It seems simple enough, but there is more to it. First, there is the issue of where you plan on using the documents. There are two categories in this case:

Between countries that are party to the Hague Convention #12: if you plan to use the documents in a country that is a party to this convention, you are in luck. In this case, you will certify the papers through an apostille.

Between countries that are not a party to the Hague Convention #12: here, you will need to go through authentication and legalization processes. It involves more steps, but you can get it done. It helps to note that the US has been party to the convention since 1980 and has been issuing apostilles since 1981. However, if you will use the documents in a non-party state, you will need to go for the second option.

Hopefully, you now understand which option would be right for you. Regardless of the option, you will need to get the documents notarized and reviewed by government agencies. Alternatively, the agencies can review the signatures on the documents and decide based on the same. You may wonder who these agencies should be. If you are in the US, this can be the secretary of state, county clerk's office, some courts, and any equivalent filing offices. Please note that if your documents require legalization, they will go through the embassy or consulate of the country where you wish to use them.

Let’s get deeper into these processes:

Apostille

You might think that getting all this certification is a bit of a hassle. However, it is a walk in the park compared to what people went through before the Hague Convention #12. We have mentioned this convention so many times. It is only right that we expound on what it entails: Abolishing the Requirement of Legalization of Foreign Public Documents. That’s why you get to skip the legalization process, but only if you are dealing with a country that is a party to this agreement.

So, how do you get an apostille? Here’s how it goes:

You present the document to a competent authority which affixes its seal to the document or attaches it on a separate sheet. In the case of the latter, this will be an allonge. Please note that you are also welcome to use a certified copy of the document. Competent authorities will be, as discussed earlier, any agency from courts to the secretary of state.

Once you have the seal, you can now use the document in party states. It will only be valid in a state that has agreed to the convention.

Authentication & Legalization

If you do not come from or are not going to a state that has agreed to the convention, using an apostille will not work. In this case, you will need to get the document authenticated and legalized. How does this work?

You sign the document and have it notarized before presenting it to a competent authority for evaluation. If everything checks out, the department of state can now certify the document. However, the chain of events does not stop here, and there is one added step- the foreign country must certify the document. For this to happen, the secretary of state forwards the document to the said embassy or consulate, where the final certification takes place.

You can now use the document in the foreign country.

Which Documents Should You Apostille/ Authenticate?

Documents fall under two main categories- they can either be government-related on non-governmental documents. Government documents include but are not limited to patents, certificates of good standing, formation document copies, and others issued for official purposes. Power of attorney, divorce decrees, and diplomas fall in the latter category. You can get any of these certified.

What about Translated Documents?

You may have a document that was not originally drafted in English. In this case, you must attach a certified English translation of the same and have the document notarized. Otherwise, if the document was originally in English, you will need to provide the original document as per state law.

What to Expect

You are probably aware that working with authorities comes down to the number of people making applications at the same time as you. The earlier you can start your processes, the less hassle it will be. To help you ready yourself, keep the following things in mind:

Apostilles are often straightforward, but even they have some complications. Authentications are much more complex as they depend on an embassy’s or consulate’s approval. You may apply for one at a time when the traffic is high, or the embassy or consulate is not able to handle many applications. Take the example of Ramadan. You would expect a reduced processing speed in countries that observe this religious rite.

Also, countries abide by their own sets of rules, and you need to be aware of what will apply to you and which documents you will need to provide. Generally, this process is time-consuming, and starting late can be frustrating in the end.

Simplification

The time-consuming nature of these processes makes outsourcing a great idea where you can entrust a professional to track the certification progress. If you need help with these processes, there is a lot of information you can find here to get you started. From which countries are party to the convention to what you need to fast track your process, you will find everything you need.

Safe Travels!

This article does not necessarily reflect the opinions of the editors or management of EconoTimes

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