Apostille

When additional authentication required for international acceptance of documents including (but not limited to) adoption papers, affidavits, birth certificates, contracts, death certificates, deeds, diplomas and degrees, divorce decrees, incorporation papers, marriage certificates, patent applications, powers of attorney, notarised documents and school transcripts. Instituted by 'The Hague Convention Abolishing The Requirements Of legalization For Foreign Public Documents' of 1961, its objective is obviate "the requirements of diplomatic or consular legalization" and thus replace the cumbersome 'chain authentication method' that called for verification by multiple authorities. As prescribed by the convention, an apostille (French for, notation) is a preprinted small (minimum 9 x 9 centimeters) form having ten numbered items of information with blank spaces to be filled in by the designated authority in the issuing country. It is obligatory upon every signatory country to accept apostilles of the other signatory countries.

This Certificate is affixed with a lint to the documents and sealed with a red seal.

What is the process to obtain a Apostille certificate ?

• The pre prepared documents are presented at the Department of International Relations and Cooperation to be Apostilled.

• If necessary documents must be Legalised, Certified or Copies Notarised.

What about the countries that are not signatories to the La Hague Convention ?

Additional requirements must be adhered to before the document can be presented in the target country.

• The pre prepared documents are presented at the Department of International Relations and Cooperation.to be Authenticated.

• After Authentication the documents must be presented to the relevant Embassy in the country where the document was Authenticated and Certified.

How is translations of documents handled ?

Translations of documents are sometimes required and the following steps is to be followed.

• Obtain the particulars of a translator acknowledged by both the relevant embassy and the High Court.

• Obtain official translation.

• Present the translation to the High Court to be Apostilled or Authenticated. Note: Only the High Court can Authenticate or Apostille a translation.

• Present the origional document to the High Court or the Department of International Relations and Cooperation to be Apostilled or Authenticated.

Can Copies of Documents be Apostilled or Authenticated?

• Yes certain copies of documents can be Apostilled or Authenticated NB Read Carefully instructions.

• Only copies certified by a Notary will be accepted. NB: Copies certified by a Commissioner of Oaths WILL NOT BE ACCEPTED.

• These copies must first be Legalised at the High Court before it can be presented for Apostille or Authentication. Very Important the Notary must be registered at the High Court where the document is going to be presented for Legalisation.

DOCUMENTS THAT CAN BE APOSTILLE, CERTIFIED AND AUTHENTICATED
Basically any document can be Apostille, Legalised or Authenticated as long as it can be proven that it is a legal document and the prescribed process is followed. Herewith Examples of documents that can be Apostille, Legalised or Authenticated:Adoption Certificates, Affidavits, Deeds & Wills., Agreements & Mandates, Apprenticeship & Indenture Certificates, Awards, Degrees, Diplomas & Transcripts, Baptism & Confirmation Certificates, Bills of Sale & Proof of Ownership, Birth, Marriage & Death certificates., Books & Novels , (Decree Nisi/Absolute & Annulment), Company Certificates & Articles of Memorandum, Copyright Testimonies, Ebooks (printed hard copies), Executor of Will Confirmation, Judgments & Edicts, Indemnity Certificates, Notary Oaths , Passports, Permits & Identity Documents, Plans & Schematics, Power of Attorney & Letters of Authorization, Police Clearance Certificates, Private papers & Letters of Administration, Representative family tree parchments

Apostille

From Wikipedia, the free encyclopedia

An apostille, or postil, is properly a gloss on a scriptural text, particularly on a gospel text; however, it has come to mean an explanatory note on other writings. The word is also applied to a general commentary, and also to a homily or discourse on the gospel or epistle appointed for the day. The pronunciation of the word “apostille” can vary, but most U.S. apostille offices pronounce it “ă pŏs tēēl”.

An Apostille of the Hague issued by the State of Alabama.

Apostille is also a French word which means a certification. It is commonly used in English to refer to the legalization of a document for international use under the terms of the 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. Documents which have been notarized by a notary public, and certain other documents, and then certified with a conformant apostille are accepted for legal use in all the nations that have signed the Hague Convention.

For example, when the will of an Australian decedent who had assets in Hong Kong is probated in Australia, if it then has to be presented in Hong Kong in order to transfer estate assets in Hong Kong to Australia, an Australian government apostille must be affixed to the following documents after notarization by an Australian Notary Public:

Death certificate

A copy of the will

This is also true for the United Kingdom, which, like Hong Kong, is a signatory to the 1961 Hague Convention.

Obtaining an apostille can be a highly complex process. Getting a birth certificate with apostille in New York, for example, requires applying to three separate offices in succession.[1]. In most American states, the process entails obtaining an original, certified copy from the issuing municipal agency and then forwarding it to the State department (or equivalent) of the state in question. Fees are typically modest.

In countries which are not signatories to the 1961 convention and do not recognize the apostille, a foreign public document must be legalized by a consular officer in the country which issued the document. In lieu of an apostille, documents in the U.S. usually will receive a Certificate of Authentication.

Introduction to Apostille: Legalising or authenticating documents means that official documents are affixed, sealed and signed either with an Apostille Certificate (where countries are party to The Hague Convention of 5 October 1961 - for a list of the countries (click here), or with a Certificate of Authentication where countries are not party to the Hague Convention.
The Legalisation Section:Legalises official public documents executed within South Africa for use outside the Republic of South Africa by means of an Apostille Certificate or a Certificate of Authentication;Provides customers with guidelines to obtain the correct signatures/documents;Provides customers with information by telephone, mail and e-mail;South African Representatives abroad can legalise official documents only if these were legalised by the relevant Foreign Authority or the Legalisation Section at the Department of Foreign Affairs. South African Representatives cannot issue Apostille Certificates, only Certificates of Authentication.

Important Notes: Request the relevant foreign representative to advise you which signature they wish to have legalised. As an example, some embassies may want to have the Department of Education to sign copies of educational qualifications and others may want the copies to be notarised by any lawyer who is registered as a notary and signed by the Registrar of the High Court before having the documents legalised.The signature of a Commissioner of Oaths, Notary Public, Justice of the Peace or any court employee who is not a Registrar has to be legalised by a Magistrate, Additional Magistrate or Assistant Magistrate or by a Registrar or an Assistant Registrar of any division of the High Court of South Africa within the jurisdiction of which such Commissioner of Oaths or Justice of the Peace exercises his or her function or such Notary Public is in practice, before documents are submitted to the Legalisation Section for authentication.If you need copies of documents to be legalised (i.e. passport, ID, work contract, etc), these need to be notarised by a Notary Public (any lawyer who is registered as a notary), legalised by the Registrar of the High Court or Magistrate before submitting these to the Department of Foreign Affairs. Copies of official documents signed by a member of the South African Police Service are not accepted. The Legalisation Section cannot legalise copies of documents, whether these are certified true copies or not.Copies of divorce decrees need to be signed and stamped by the Registrar of the High Court/Divorce Court. (Copies must be obtained from the Court where the divorce was granted. The Registrar of that particular High Court must legalise the signature of the clerk who certified the copy).

Legalisation of Documents by means of Apostille or Authentication.

Legalising documents means that official (public) documents are affixed, sealed and signed either with an Apostille Certificate (where countries are party to The Hague Convention) or with a Certificate of Authentication (where countries are not party to The Hague Convention).

1. When countries are signatories to the La Hague Convention it abolishes the lengthy and costly requirements for the Legalisation of documents to a simple streamlined process The following countries are signatories to the La Hague Convention and documents that qualify gets Apostilled. It means that documents are weighed against pre-determined criteria and if this criteria is met the documents will be Legalised by affixing a Apostille to the document. Usually this Legalisation is deemed adequate and documents will be accepted by the target country. 2. When countries are not signatories of the La Hague Convention the same process as for

Apostille must be followed. It means that documents are weighed against pre-determined

criteria and if this criteria is met the documents will be Legalised by affixing a Certificate of Authentication

to the document.

It is at this point that the difference between a Apostille and Authentication becomes evident as documents receiving a Authentication Certificate must now be presented to the target countries Embassy for Certification.

3. It is very important to note that only documents drawn up, executed within South Africa can be Legalised by Apostille or Authenticated in South Africa.

4 South African representatives abroad can only legalise official documents if these were legalised by the relevant foreign authority in their country of accreditation, for use within South Africa.With other word they cannot legalise documents which origionated in South Africa South African representatives abroad cannot issue Apostille Certificates, only Certificates of Authentication.

5. Documents that cannot be Legalised by Apostille or Authentication.

* Abridged, Vault Copies and Handwritten copies of Birth, Marriage and Death Certificates

* Any copy certified by any commissioner of oaths. , i.e. abridged certificates or marriage, birth, death or police clearance certificates; certified copies of letters of no impediment (marital status) or proof of citizenship; certified copies of travel documents or identity documents; and documents legalised by a Commissioner of Oaths to be true copies of the original, as these documents must follow the route of the Public Notary/Registrar of the High Court

* “Old” documentation: Please take note that although the original document is an original and valid document, the signature of the official (or employee) who originally issued and signed the document might not be available on the DIRCO – Legalisation Section signature database, neither be obtainable from the specific government Department, as the official (or employee) who originally issued and signed the document is no longer employed at the specific Department, which makes it impossible for the Legalisation Section to legalise the “old” document at such a late stage. Therefore it is advisable that the document should preferably not be older than one (1) year. The Legalisation Section furthermore recommends that customers must also verify with the relevant foreign representative in South Africa what their specific country requirements are.

Processes to follow

6. The following Original Documents can be Legalised by Apostille or Authentication

* Police Clearance certificate within 3 months of issue.

* Unabridged Birth, Marriage and death Certificates computer printed, signed and stamped within I year of issue.

* Determination of Citizenship within 1 year of date of issue.

* Letter of No Impediment within 3 months from date of issue.

* Adoption Papers

* Letter of confirmation of driver’s license

7. Copies of Documents to be Legalised by Apostilled or Authenticated where Notary certification is not Necessary. (What is Notary Certification)

7.1. Department of Basic Education Primary and Secondory School Certificates including Transfer Cards Grade 1 to 11

* Transfer cards need to be signed and sealed and the education district director and deputy director. The principal of the school must provide a letter confirming that the pupil studied at the school – then lodge at the Department.

*The original certificate with a copy must be lodged

* The Department will verify if the institution is registered at the Department and if it is

* The copy will be signed and stamped and an original covering letter supplied.

* These documents must be submitted for Legalisation.( Apostille or Authenticate)

* If the institution is not registered with the department please see Legalisation of Notary Copy.

7.2. Department of Basic Education Grade 12

*The original certificate with a copy must be lodged

* The Department will verify if the institution is registered at the Department and if it is

* The copy will be signed and stamped and an original covering letter supplied.

* These documents must be submitted for Legalisation.( Apostille or Authenticate)

* If the institution is not registered with the department please see Legalisation of Notary Copy.

7.3. Department of Higher Education Institutions, Universities and Universities of Technology.

*The original certificate with a copy must be lodged

* The Department will verify if the institution is registered at the Department and if it is

* The copy will be signed and stamped and an original covering letter supplied.

* These documents must be submitted for Legalisation.( Apostille or Authenticate)

* If the institution is not registered with the department please see Legalisation of Notary Copy.

7.4. Health Professions Counsel: Medical Certificates.

* Medical certificates must be presented on the required forms and include X-Ray results Note X-Rays cannot be legalised.

* The Health Professions Counsel will Attach a Certification document.

* The certification with the medical certificates can be Apostilled or Authenticated.

7.5. Divorce decrees and settlement agreements:

* The High Court where the divorce was granted must be contacted directly applications made for a certified copy.

* The Registrar must signed and stamped the decree and each page of the settlement (should the settlement be required)

These documents can then be Legalised by Apostille or Authentication.

7.6. All documentation regarding the registration of companies and of close corporations, registration of patent designs, trademarks and copyrights.

* Must first be stamped and signed (every page) by the relevant Registrar at the Department of Trade and Industry (DTI) – Companies and Intellectual Property Commission Office (CIPC), who is authorised to sign documents for international purposes.

* If the DTI – CIPC is unable to stamp and sign the documentation, then the customer needs to follow the route of the Public Notary/Registrar of the High Court.

* Then documents can be Legalised by Apostille or Authentication

8. Certain documents must be Verified by the Registrar of the High Court who will issue a certificate or may in certain circumstances Legalise the document by issuing a Apostille or Authentication Certificate.

8.1. These documents are usually copies of original documents where the document must verified by a Public Notary who will verify the document.

The following process must be followed.

* Copies plus the original documents are presented to the Notary who will verify the documents and affix a Notary Certificate.

* The High Court where the attorney is registered will certify the signature of the attorney.

* Documents can then be presented for Legalisation by Apostille or Authentication.

8.2. Examples of these documents are.

* All copies of original documents

* Copies of passports etc

* Qualifications of non-registered institutions

8.3. Translated documents

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