When using documents abroad, you may need an apostille, consular legalisation, or a translation. These procedures serve different purposes: an apostille and legalisation authenticate an official document, while a translation makes its contents understandable to the receiving authority.
Apostille
An apostille is a certificate that authenticates the signature on an official document, the capacity in which the signatory acted, and the seal or stamp on the document.
It is used between countries that are parties to the 1961 Hague Convention, provided that the document and situation fall within the Convention's scope.
An apostille does not verify the accuracy of the information contained in the document and does not replace a translation.
Consular Legalisation
Consular legalisation is a procedure for authenticating an official document for use in another country when this process applies.
It usually involves several stages of verification and certification by the competent authorities in the country where the document was issued, followed by the relevant consular or embassy procedures in the destination country.
The exact process depends on the laws of both countries. In some cases, legalisation is not required because of international agreements.
Notarised Translation
A notarised translation is required when a document must be submitted in a language specified by the receiving authority.
A notary generally certifies the authenticity of the translator's signature, provided the translation was completed by a translator whose signature the notary is authorised to certify. Where permitted by law, a notary may also certify the accuracy of the translation.
Notarisation does not replace an apostille or consular legalisation. Depending on the receiving authority's requirements, both procedures may be necessary.
What Is the Difference?
Apostille - authenticates the signature, the capacity in which the signatory acted, and the seal or stamp in accordance with the applicable procedure.
Consular legalisation - authenticates a document through a separate procedure involving the competent authorities.
Notarised translation - provides a translation in a form accepted by the receiving authority.
When Are These Procedures Required?
For example, a foreign company submits an extract from a commercial register in Kazakhstan. Depending on the country of issue, the type of document, and the receiving authority's requirements, the following steps may be necessary:
1. Obtain the original document or an official extract.
2. Obtain an apostille or complete consular legalisation, if required.
3. Translate the document into the required language.
4. Have the translation certified in the prescribed manner.
Some documents are accepted without an apostille or legalisation under international agreements. Therefore, the applicable requirements should be checked for each specific situation.
What Should You Check Before Preparing Your Documents?
Before submitting your documents, verify:
❯ The country where the document was issued and the country where it will be used.
❯ The type of document and the requirements for the original.
❯ Whether an apostille or consular legalisation is required.
❯ The required translation language and certification method.
❯ The document's validity period, if one is specified by the receiving authority.
Key takeaway: An apostille, consular legalisation, and a notarised translation serve different purposes and do not replace one another. The required procedure depends on the country, the type of document, and the requirements of the authority receiving it.