Legalization/Apostille
1. What is an Apostille ?
An "Apostille" is a form of authentication issued to documents for use in countries that participate in the Hague Convention of 1961. If a document is apostilled, it has undergone a special certification process that makes it legally acceptable in all the countries that are members of the Hague Convention.
The Apostille is a certificate that verifies and confirms the seal and signature of the person who authenticated the document. The process of obtaining an Apostille varies by country but generally involves submitting the document to a designated authority (often the country's foreign ministry or department of state), who then attaches the Apostille certificate to it.
The purpose of the Apostille is to eliminate the need for double-certification, first by the originating country and then by the receiving country. It simplifies the process of authenticating documents for international use, making it easier to prove their legitimacy when they are presented in another country. This is particularly useful for documents like birth certificates, marriage certificates, degrees, professional licenses, court orders, or any official government document that needs to be recognized internationally.
2. General Rule
In countries that are not parties to the Apostille Convention, foreign public documents are certified through diplomatic legalisation by a consul.
3. Form of Legalisation
Diplomatic legalisation is issued by the consul in the form of:
- A clause placed directly on the document, or
- An attached endorsement.
This clause certifies that:
- The stamp and signature appearing on the document are authentic; and
- They correspond to the specimen stamp and signature held by the consular mission.
4. Prior (Intermediate) Legalisation Requirement
Diplomatic legalisation by the consul can only take place if the document has already been certified by the competent authority (or authorities) designated under the foreign state’s domestic law.
According to general practice:
- The intermediate legalisation (or, where several certifications are required, the final intermediate legalisation) is issued by the Ministry of Foreign Affairs of the foreign state.
- The Hungarian consul then legalises that signature and stamp.
5. Possible Exceptions
In certain countries, the consul may also legalise intermediate certifications issued by other authorities, provided the legal conditions are met.
For this reason, it is advisable to contact the relevant consular mission directly to confirm the applicable procedure.
6. Refusal of Legalisation
If any doubt arises regarding:
- The authenticity of the stamp or signature on the document; or
- The authenticity of the document itself,
the consul will refuse to perform diplomatic legalisation.
The above information is of a general nature. The competent authorities and the applicable procedures may vary depending on individual circumstances, so please make sure to check the exact requirements in advance.