The certificate shall be issued at the request of the signatory or a holder. However, the formality referred to in the preceding paragraph may not be required if the laws, regulations or practices of the State in which the document is presented, or an agreement between two or more Contracting States, have repealed or simplified it or have exempted the document itself from legalization. Since Canada is not a signatory, Canadian documents must be certified twice for use abroad: at the Canadian Department of Foreign Affairs and then at the consulate of the host state (in this case, the Netherlands). Since October 15, 1981, the United States has been a party to the 1961 Hague Convention waiving the requirement to legalize foreign public documents (only). The Convention provides for the simplified certification of public documents (including notarized documents) to be used in countries that have acceded to the Convention. Documents intended for use in participating countries and their territories must be certified by one of the officials of the jurisdiction where the document was issued. According to the 1961 Hague Convention, this official must be responsible for issuing certifications by “apostille” (usually in the office of the Secretary of State of his counterpart). With this legalization by the Hague Convention apostille, the document is eligible for recognition in the country of intended use, and no legalization by the U.S. Department of State, the Office of Legalization, or legalization by the Embassy or Consulate is required. Documents that require legalization with an apostille by the U.S.
Department of State are those signed by a federal official with that agency`s official seal, a U.S. consular officer, a military notary (10 USC 1044a), or a foreign consul (diplomatic officials must be registered with the Office of Protocol). Note: These documents must contain the title of the public servant and his/her signature must be legible. Please also note that the U.S. Department of State does not issue apostille for government-issued documents. For more information on the countries participating in the 1961 Hague Convention (Abolition of the requirement to legalise foreign public documents – Article 12), please consult www.hcch.net. Apostilles, shall be affixed by the competent authorities designated by the Government of a State Party. [3] A list of these authorities is maintained by the Hague Conference on Private International Law. Examples of designated authorities are embassies, ministries, courts or (local) governments. For example, in the United States, the Secretary of State and his deputies are generally competent authorities. In the United Kingdom, all apostilles are issued by the Foreign and Commonwealth Office in Milton Keynes. [4] The only formality that may be required to certify the authenticity of the signature, the capacity in which the person signed the document and, where appropriate, the identity of the seal or stamp bearing it is the affixing of the certificate described in Article 4, issued by the competent authority of the State of origin of the document: shall be issued.
Desiring to abolish the requirement of diplomatic or consular legalization of foreign public documents, For the purposes of this Convention, the following shall be considered as public documents: Four types of documents are mentioned in the Convention[1]: Each State Party shall take such measures as may be necessary to prevent legalization by its diplomatic or consular agents where this Convention provides for an exception. For more information on the countries participating in the 1961 Hague Convention (Abolition of the requirement of legalisation of foreign public documents – Article 12), please consult (a) documents issued by an authority or official associated with the courts of the State, including those issued by a prosecutor, registrar or bailiff); (b) administrative documents; (c) notarial acts; (d) official certificates affixed to documents signed by private persons, such as official certificates attesting to the registration of a document or its existence at a given time, as well as official and notarial attestations of signatures. A government-issued document with an apostille does not require additional legalization by the U.S. Department of State or legalization by a U.S. embassy or consulate abroad to be recognized in a participating country. The U.S. Department of State will not issue apostille for government-issued documents. (a) the number and date of the certificate; (b) the name of the person who signed the authentic instrument and the capacity in which he acted or, in the case of unsigned documents, the name of the authority which affixed the seal or stamp. This apostille certifies only the signature, the capacity of the signatory and the seal or stamp he bears. It does not certify the content of the document for which it was issued. [2] Documents issued by the federal government for use in countries that are members of the 1961 Hague Convention may need to be certified by an apostille issued by the U.S.
Department of State. Documents signed by the following officials require an apostille issued by the United States. Department of State: The apostille does not provide information about the quality of the content of the underlying document, but certifies the signature (and the capacity that placed it) and the accuracy of the seal/stamp on the document that must be certified.