Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents*
(Concluded on 5 October 1961)
(Convention No. 12)
(*Unofficial translation from English!)
The States signatory to this Convention, wishing to abolish the requirement of diplomatic or consular legalisation for foreign public documents;
Have resolved to conclude a Convention for this purpose and have agreed upon the following provisions:
Article 1
This Convention shall apply to public documents which have been drawn up in the territory of one Contracting State and which are to be produced in the territory of another Contracting State.
For the purposes of this Convention, the following are regarded as public documents:
A/ documents emanating from an authority or an official connected with the courts or tribunals of the State, including documents emanating from a public prosecutor, a clerk of a court or a process-server;
B/ administrative documents;
C/ notarial acts;
D/ official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date, and official and notarial authentications of signatures.
This Convention shall not apply to:
A/ documents executed by diplomatic or consular agents;
B/ administrative documents dealing directly with commercial or customs operations.
Article 2
Each Contracting State shall exempt from legalisation documents to which this Convention applies and which have to be produced in its territory. For the purposes of this Convention, legalisation means only the formality by which the diplomatic or consular agents of the country in which the document has to be produced certify the authenticity of the signature, the capacity in which the person signing the document has acted, and, where appropriate, the identity of the seal or stamp which it bears.
Article 3
The only formality that may be required to certify the authenticity of the signature, the capacity in which the person signing the document has acted, and, where appropriate, the identity of the seal or stamp which it bears, is the addition of the certificate described in Article 4, issued by the competent authority of the State from which the document emanates.
The formality mentioned in the preceding paragraph may not be required where either the laws, regulations or practice in force in the State where the document is produced, or an agreement between two or more Contracting States, have rendered it unnecessary, have simplified it, or have exempted the document itself from legalisation.
Article 4
The certificate referred to in Article 3, paragraph 1, shall be placed on the document itself or on an extension and shall conform to the model annexed to this Convention.
The certificate may be drawn up in the official language of the authority which issues it. The standard terms appearing in it may also be in a second language. The title "Apostille (Convention de La Haye du 5 octobre 1961)" shall be in French.
Article 5
The certificate shall be issued at the request of the person who has signed the document or of any holder thereof.
When properly completed, it certifies the authenticity of the signature, the capacity in which the person signing the document has acted, and, where appropriate, the identity of the seal or stamp which it bears.
The signature, seal and stamp on the certificate are exempt from all legalisation.
Article 6
Each Contracting State shall designate by reference to their official duties the authorities which are competent to issue the certificate referred to in Article 3, paragraph 1. It shall notify the Ministry of Foreign Affairs of the Netherlands of such designation at the time of deposit of its instrument of ratification or accession or of its declaration of extension. It shall also notify it of any change in the designation of these authorities.
Article 7
Each of the authorities designated under Article 6 shall keep a register or card index in which it shall record the certificates issued, specifying:
A/ the number and date of the certificate;
B/ the name of the person who signed the public document 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.
At the request of any interested person, the authority which issued the certificate shall verify whether the particulars in the certificate correspond to those in the register or card index.
Article 8
Where, under the laws, regulations or practice in force in the State where the document is produced, or under an agreement between two or more Contracting States, the certificate provided for in Article 3, paragraph 1, is more extensive than or differs from that provided for in this Convention, the latter Convention shall supersede it only if the formality required by the former is more stringent than that provided for in Articles 3 and 4.
Article 9
Each Contracting State shall take the necessary steps to prevent the performance of legalisations by its diplomatic or consular agents in cases where this Convention provides for exemption from legalisation.
Article 10
This Convention shall be open for signature by the States represented at the Ninth Session of the Hague Conference on Private International Law, as well as by Ireland, Iceland, Liechtenstein and Turkey.
It shall be ratified, and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of the Netherlands.
Article 11
This Convention shall enter into force on the sixtieth day after the date of the deposit of the third instrument of ratification referred to in Article 10, paragraph 2.
The Convention shall enter into force for each signatory State subsequently ratifying it on the sixtieth day after the deposit of its instrument of ratification.
Article 12
Any State not referred to in Article 10 may accede to this Convention after it has entered into force in accordance with Article 11, paragraph 1. The instruments of accession shall be deposited with the Ministry of Foreign Affairs of the Netherlands. Such accession shall have effect only in the relations between the acceding State and those Contracting States which have not raised an objection to the accession within a period of six months from the receipt of the notification referred to in Article 15, item "D". Any such objection shall be notified to the Ministry of Foreign Affairs of the Netherlands.
The Convention shall enter into force between the acceding State and the States which have not raised an objection to the accession on the sixtieth day after the expiry of the six-month period referred to in the preceding paragraph.
Article 13
Any State may, at the time of signature, ratification or accession, declare that this Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such declaration shall take effect at the time of the entry into force of the Convention for that State. Thereafter, any such extension shall be notified to the Ministry of Foreign Affairs of the Netherlands.
When the declaration of extension of territorial application is made by a State signatory and ratifying the Convention, the Convention shall enter into force for the territories concerned in accordance with Article 11. When the declaration of extension is made by a State acceding to the Convention, the Convention shall enter into force for the territories concerned in accordance with Article 12.
Article 14
This Convention shall remain in force for five years from the date of its entry into force in accordance with Article 11, paragraph 1, including for States which ratify or accede to it subsequently.
If not denounced, the Convention shall be renewed tacitly every five years.
Notice of denunciation must be deposited with the Ministry of Foreign Affairs of the Netherlands at least six months before the expiry of the relevant five-year period.
Denunciation may be limited to certain of the territories to which the Convention applies.
The denunciation shall have effect only in relation to the State which has notified it. The Convention shall remain in force for the other Contracting States.
Article 15
The Ministry of Foreign Affairs of the Netherlands shall notify by note the States referred to in Article 10, as well as the States which have acceded in accordance with the provisions of Article 12, of:
A/ the designations referred to in Article 6, paragraph 2;
B/ the signatures and ratifications referred to in Article 10;
C/ the date on which this Convention enters into force in accordance with the provisions of Article 11, paragraph 1;
D/ the accessions and objections referred to in Article 12, and the dates on which they take effect;
E/ the extensions referred to in Article 13, and the dates on which they take effect;
F/ the denunciation referred to in Article 14, paragraph 3.
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at The Hague on 5 October 1961 in the French and English languages, the French text prevailing in case of divergence, in a single copy which shall be deposited in the archives of the Government of the Netherlands, and of which a certified copy shall be sent through diplomatic channels to each of the States represented at the Ninth Session of the Hague Conference on Private International Law, as well as to Ireland, Iceland, Liechtenstein and Turkey.
ANNEX TO THE CONVENTION
Model of Apostille
The certificate shall have the form of a square with sides at least 9 cm long.
APOSTILLE
(Convention de La Haye du 5 octobre 1961)
1. Country:
This public document
2. has been signed by
3. acting in the capacity of
4. bears the seal/stamp of
Certified
5. at 6. on
7. by
8. No.
9. Seal/stamp 10. Signature:
*Source: National Center for Information and Documentation (NACID).