The Hague Convention Abolishing the Requirement for Legalization a Foreign Public Documents is one of the Hague Conference on Private International Law. It specifies the modalities through which a document issued in one of the signatory countries can be certified for legal purposes in all the other signatory states. Such a certification is called an apostille (a French word meaning certification). It is an international certification comparable to a notarization in domestic law.
A group of countries signed a treaty for simplifying the hurdles related to legalization. The treaty which gave birth to this common legalization is known as Hague convention of October 1961.
Abolished the confused procedures related to legalization for foreign public documents. This is commonly known as Apostille Convention. The adoption of this procedure made a universal legalization procedure which is applicable to all the members of Hague convention.
The members of Apostille nations include United States of America, United Kingdom, Australia, India, Oman, France, Germany, Japan, New Zealand etc… Since the presence of big powers in the list made this legalization more vital and gave the legalization industry a universal face.
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In international law, attestation is the process of certifying a document so a foreign country’s legal system will recognize it. The process is used routinely in international commerce.
The procedure for legalizing a foreign document varies from country to country. The Hague Convention Abolishing the Requirement for Legalization for Foreign Public Documents has supplanted this procedure with the use of an apostille for countries that are signatories to that convention.
For purposes of document attestation, countries are divided into two groups: those that are signatories to the Hague Convention and those that are not. Signatories of the Convention have agreed that Consular authentication of documents is no longer required and in most cases, execution of the documents by a Notary Public is sufficient.
Countries that have opted to not participate in the Hague Convention of 1961 typically require that documents be authenticated by the foreign affairs ministry of the originating country. Once authenticated by the foreign ministry the documents then need to be reviewed and approved by the consular staff of the country in which the transaction is to occur. Typically, this process must be completed before an international shipment of goods will be allowed entry into a non-participating country.
A notary public (or notary or public notary) is a public officer constituted by law to serve the public in matters usually concerned with estates, deeds, power-of-attorney, and foreign and international business.
Approximately 95% of all the documents will have the Notary attestation on it.
Legal Translation is the translation of texts within the field of law. As law is a culture – dependent subject field, legal translation is not a simple task. Only professional translators specialized in legal translation should translate legal documents and scholarly writings. The miss-translation of a passage in a contract, for example, could lead to lawsuit and loss of money.
Legal Translation in a document occurs at 2 points.
- Country Of origin.
- Intended Country.
Country of Origin –
In case the documents are not in English. The document will have to be first legally translated into English. Only after getting the legal translation the document can be attested.
Intended Country –
In GCC countries, the official language is not English. Hence in this case after the document has been attested by the MFA, It is legally translated into Arabic. This is usually not the norm but is prevalent in Abu Dhabi & Kuwait.