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International recognition of public documents

ByOlya Chistenko

We live in a digital era where almost everything – from meetings and communication to the exchange of documents – can take place online. Borders are no longer barriers, but when it comes to official paperwork, the rules of the physical world still matter.

Whether you’re applying to study abroad, expanding your business internationally, or managing personal affairs in another country, the preparation of documents is always a critical step. Anyone who has gone through relocation knows how stressful it can be to gather and prepare every public document required to secure the right to live and work abroad.

That’s why in this article we take a closer look at the international recognition of public documents. Our goal is to talk about basic topic of legal literacy that will make your next cross-border journey smoother and less intimidating.

A public document is any official record or statement authorized by a public authority, that is available for public inspection and use.

We always talk about public documents and by them we mean birth/marriage/death certificates, diploma, extracts from the registers, corporate documents, court documents and other administrative documents.

Each of these documents is valid within the territory of the state in which it was issued by the competent government authority. However, in order for it to be valid in the territory of another state, additional authentication is usually required.

Apostille is a certificate issued for a public document intended for use in a foreign country. It is also a simplified form of legalization for use between countries that are parties (127 states) to the Hague Convention of 5 October 1961. An apostille certifies the authenticity of the signature, the capacity in which the person signing the document has acted. Once a document has been apostilled, it is accepted in all member countries of the Convention without the need for further authentication.

If your document is intended for use in a country that is a member of the Apostille Convention, you will need to obtain an apostille. 

Some countries provide a possibility to obtain an e-apostille. For example, Moldova provides e-apostille which can be issued in Estonian or English for submission to the Estonian government body.

1. Convention abolishing the Legalization of Documents in the Member States of the European Communities. States are currently applying the convention are Estonia, France, Belgium, Denmark, Ireland, Italy, Cyprus and Latvia. Public documents to be submitted to or received from the above countries are not apostilled.

2. Vienna Convention on the Issue of Multilingual Extracts from Civil Status Records. Such multilingual extracts from civil status records are accepted without apostilles within the territory of Contracting Parties (Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Cape Verde, Croatia, Estonia, France, Germany, Italy, Lithuania, Luxembourg, Moldova, Montenegro, Netherlands, Poland, Portugal, Republic of North Macedonia, Romania, Serbia, Slovenia, Spain, Switzerland and Turkey).

Sometimes there are valid legal aid agreements between countries which states that no additional actions with public documents to be accepted in another country should be done.

For example, Estonia has legal assistance treaties with these countries: Lithuania, Latvia, Ukraine and Poland.

According to these treaties, documents drawn up or certified by the relevant authority of one Contracting Party, which are sealed and signed by a competent person, shall have the force of documents in the territory of the other Contracting Party without any other proof.

This is a basic level of mutual recognition when there is nothing else between 2 states: neither any conventions, nor legal aid agreements.

This process typically involves verifying 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 the document bears. For example, extracts from the Estonian Business Register should be notarized and then legalized by the Minister of Foreign Affairs to be accepted in Zimbabwe. 

Navigating the complexities of international document authentication can be challenging, but with the right guidance, it becomes a manageable process. Our expertise ensures that your documents meet all necessary requirements for international recognition. Whether you need an apostille or full legalization, we’re here to assist you every step of the way.

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