Posted by Anonymous on 11/7/05 11:00am
Msg #74790

What exactly is an apostile? Tx.

Reply by yoyo on 11/7/05 11:11am
Msg #74795

An Apostille is a certified document, it's used for people who will be traveling overseas and the country may need an apostille. I had a client that needed one. It's very simple. The only thing is that we cannot issue a apostile.

Since October 15, 1981, the United States has been part of the 1961 Hague Convention abolishing the Requirement of Legalization for Foreign Public Documents. The Convention provides for the simplified certification of public (including notarized) documents to be used in countries that have joined the convention. Documents destined for use in participating countries and their territories should be certified by one of the officials in the jurisdiction in which the document has been executed. Said official must have been designated as competent to issue certifications by "apostille" (usually in the office of the State Secretary of State of his/her counterpart) as provided for by the 1961 Hague Convention. The text of the Convention may be found in T.I.A.S. 10072; 33 U.S. Treaty Series (UST) 883; 527 U.N. Treaty Series (UNTS) 189, and Martindale-Hubble International Law Digest.

With this certification by the Hague Convention apostille, the document is entitled to recognition in the country of intended use, and no certification by the Authentications Office or legalization by the embassy or consulate of the foreign country where the document is to be used is required. The Authentications Office only certify to documents from other federal agencies and officials from foreign governments with the apostille.

Reply by yoyo on 11/7/05 11:15am
Msg #74797

Here is some more info.

What is an apostille?
An apostille is a special seal applied by an authority to certify that a document is a true copy of an original. Apostilles are available in countries, which signed the Hague Convention Abolishing the Requirement of Legalization of Foreign Public Documents, popularly known as The Hague Convention. This convention, created in 1961, replaces the time consuming chain certification process used so far, where you had to go to four different authorities to get a document certified.

Why do I need one?
If you open a Swiss bank account by mail, the bank will not see the original of your passport. The people who process your application in the back office will have to check that the copy is correct. Each bank has devised its own way of establishing whether a passport copy is acceptable to open an account. Some banks will accept a passport copy if it has been authenticated (legalized, certified) by a notary public, but most will require that the document bears an apostille.

Where can I get an apostille?
Each country party to the Hague Convention designates an authority within its territory that can issue apostilles. For example, in the USA, it is the office of the state's secretary. In practice, you should contact a notary to get an apostille. Please note that some notaries may not be familiar with this procedure - they may propose you an ersatz that they are more familiar with. If it does not bear the term "APOSTILLE" in big, that's not it. Also, you don't have to explain why you need an apostille when dealing with your notary - just tell him what you need. Finally, please bear in mind that there are some countries that did not sign this treaty yet and thus no apostilles can be obtained.

What are apostilles normally used for?
An apostille can be used whenever a copy of an official document from another country is needed. For example for international marriages, adoptions, inheritance, but also for plain contracts. The apostille is an official certification that the document is a true copy of the original. It does not certify that the original document's content is correct, however.

What should I do if I can't get one?
If an apostille is required to authenticate a copy of your passport, the bank will accept no substitute. If you cannot get one, contact us to see if there are alternative ways of legalizing your document. Don't try to get just any type of official seal - this won't work and the bank won't open the account.

Reply by Anonymous on 11/7/05 11:17am
Msg #74798

Thank you YoYo! That is a big help.

Reply by PAW_Fl on 11/7/05 12:40pm
Msg #74824

Is not a certifcation of a true copy ...

By definition, and apostille is a marginal note on a letter or other paper; an annotation. The 1961 Hague Convention provided for the simplified certification of public (including notarized) documents to be used in countries that have joined the convention. Documents destined for use in participating countries and their territories should be certified by one of the officials in the jurisdiction in which the document has been executed. Said official must have been designated as competent to issue certifications by "apostille" (usually in the office of the State Secretary of State of his/her counterpart) as provided for by the 1961 Hague Convention. The application of an apostille is merely the certification that the authority to notarize (in our case) is verified by the Secretary of State or his appointed representative. The SOS does not certify that the copy of the document is a true copy, only that the notary authority is verified.

The text of the Convention may be found in T.I.A.S. 10072; 33 U.S. Treaty Series (UST) 883; 527 U.N. Treaty Series (UNTS) 189, and Martindale-Hubble International Law Digest.

Please visit the US Dept. of State (http://www.state.gov/m/a/auth/c1267.htm) for more information.

Documents that are sent to other countries (not participating in the Hague Convention) that need certification of authority, can be issued a Certificate of Notarial Authority. This certificate is also issued by the Secretary of State or his appointed representative.

Reply by yoyo on 11/7/05 11:26am
Msg #74799

On first reply I mentioned that you cannot issue a apostille. I'm sorry I was typing to fast, I meant to say you can issue an apostille, you will need to get a form from your dept of state and they will send you one or you download one from their site. At least in Pennsylvania you can.

Reply by PAW_Fl on 11/7/05 12:48pm
Msg #74826

PA SOS issues apostilles ...

The following is from the PA SOS Website (http://www.dos.state.pa.us/bcel/cwp/view.asp?a=1099&q=431686):

How Do I Obtain an Apostille or Certification?

1. Your documents must be signed and sealed by a Pennsylvania notary public or the Pennsylvania official who is the custodian of the record.
2. Mail your documents to the Department of State along with a cover letter that includes your name and full mailing address or you may use our Request for Legalization of Documents form..
3. Identify in the cover letter the country where the documents will be used.
4. Enclose a personal check, money order or cashier's check made payable to "Commonwealth of Pennsylvania" in the amount of $15 per document per separate signature. Checks and money orders must be issued by a U.S. institution. Cash cannot be accepted by mail or in person.
5. Photocopies of notarized or certified documents may not be certified by the Secretary of the Commonwealth.
6. Enclose a self-addressed, stamped envelope for return of your documents. If you wish the order to be returned by a courier service, you must enclose a prepaid air bill with your order.
7. Mail your request to:
Pennsylvania Department of State
Bureau of Commissions, Elections and Legislation
Room 210 North Office Building
Harrisburg, PA 17120

Reply by PAW_Fl on 11/7/05 12:51pm
Msg #74829

That should be SotC (Sec'y of the Commonwealth) n/m

Reply by PattyTX on 11/7/05 2:12pm
Msg #74862

Re: That should be SotC (Sec'y of the Commonwealth) n/m

Per my experience in Texas......You can refer to the Notary Public Unit of the SOS dept. They are very helpsul. The client will need to have the document notarized, Send to the SOS along with a letter that states what country it is going to, $15 per apostille, and a SASE.