LEGAL INSIGHTS

For public documents (as opposed to private) to be valid abroad, these need to be legalised, thus its authenticity being certified. Issuing entities of public documents will typically include Ministries, Registry Offices, Courts, Schools, Notaries, Commerce and Industry Chambers, among others.

When a public document originates from a country that is a member of the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the member list can be browsed here), it requires an apostille stamp for authentication when used in another member country. The apostille stamp confirms that the competent authorities of the issuing country have recognized and certified the signature and authority of the person signing the document. In some cases, the receiving country may also require a translated version of the document, which must also be apostilled if prepared abroad. Documents issued by diplomatic or consular officers do not need apostille seals for authentication purposes.

For documents originating from non-member countries of this Hague Convention, the authentication process involves obtaining certification from the local competent authority followed by validation from the consulate of the receiving country with jurisdiction over the specific territory.

Here are a few examples for clarity:

1 – A civil document, such as a birth or marriage certificate, issued in the US, will need an apostille seal by the Governor of that specific state, who is the competent authority to legalise documents at state level. However, a document issued at federal level (e.g. an FBI background report) will need an apostille seal from the Department of State.

2 – A document issued in a non-member country like Sri Lanka must be authenticated by the Portuguese Consulate in India, which has jurisdiction over Sri Lanka. However, since it originates from Sri Lanka, it must first be authenticated by the Sri Lanka High Commissioner in New Delhi before submission to the Portuguese Consulate.

For more information or assistance, please contact us at geral@sbpslegal.com.