Sometimes, public records (like marriage or birth certificates, copies of passports, notarial attestations etc.) may need to be utilized in foreign nations. However, the document must be authenticated before it can be used or accepted by a foreign nation. This is typically accomplished through legalization, in which the document is authenticated by both the government officials of the country from which it was issued and the foreign Embassy or Consulate of the country from which it is to be issued. An apostille certificate is a type of authentication. Apostille only works in nations that are signatories to the Hague Convention of 1961. India is required to apostille all significant documents because it is a member of the Hague Convention.
What is an Apostille?
A certificate that verifies the origin of a public document is known as an apostille. Examples of such documents include birth, marriage, or death certificates, adoption papers, affidavits, contracts, diplomas, and degrees, divorce decrees, incorporation papers, patent applications, powers of attorney, and school transcripts. Documents issued in one country that is a party to the Apostille Convention and intended for use in another country that is also a party to the Convention are the only ones for which apostilles can be issued.
Documents signed by diplomatic or consular agents do not fall under the scope of the Apostille Convention. Additionally, certain administrative documents pertaining to commercial, or customs operations are excluded from the Convention’s scope.
You shall need an Apostille if the following apply:
- The document was issued in a nation that is a signatory to the Apostille Convention.
- The document will be used in a nation that is a signatory to the Apostille Convention.
- The document is regarded as a public document by the law of the nation in which it was issued.
- For the country where the document will be used to recognize it as a foreign public document, an Apostille is required.
If the laws, regulations, or practices in effect in the nation where the public document is to be used have either eliminated or simplified the requirement for an Apostille or have exempted the document from any legalization requirement, then the document may not require an Apostille.
What are the effects of an Apostille?
The only thing an apostille does is verify the origin of the public document it relates to. It attests to the authenticity of the public document’s signature or seal, as well as the capacity in which it was signed or sealed. The content of the public document to which it pertains is not certified by an apostille. Apostilles can only be used to use public documents in other countries.
In which countries does the Apostille Convention apply?
The Apostille Convention applies only if the country that issued the public document as well as the country that will use it are both parties to the Convention.
Some countries included are:
- Argentina
- Brazil
- Denmark
- France
- Germany
- Hong Kong
- India
- Japan
- Morocco
- New Zealand
- Saudi Arabia
- United Kingdom
- United States of America
Some points to keep in mind:
- Check if the country where the public document was issued and the country where the document is to be used are listed.
- Check the date of entry into force of the Convention for both countries. Look for the column entitled only after that date can the relevant country issue and receive Apostilles.
- Check whether the Convention applies to the entire territory of a country or only to parts of it
How to get an Apostille in India
The Apostille documents can be used in a variety of ways. Apostille applications can be submitted online through e-Sanad, in person at Regional Authentication Centers, or with assistance from Apostille services.
A new initiative called E-Sanad aims to offer attestation or Apostille services online. It will be expanded in stages over time. This project currently includes only documents that have a digital depository and were issued by the DIA (Document Issuing Authority). E-Sanad can therefore be used to attest CBSE documents that were issued after 2014.
Visiting the Regional Attestation Centers (RAC) closest to you is an additional method for obtaining an Apostille document. The applicant has the option of visiting RACs to obtain their Apostille documents because not all documents can be verified through the online portal. By visiting these RACs, applicants can complete their Apostille India application. They will receive a certified document or an apostille at the address they specified after submitting the required document and paying the fees.
The third choice is to use outsourced companies. A number of organizations are permitted by the government to provide Apostille services. The best way to obtain Apostille documents is through authorized Apostille services because the process of apostilling documents can be time-consuming and complicated. You only need to send the necessary paperwork to these organizations, and they will deposit it at the Branch Secretariat and RPOs. The checking office/Ministry of External Affairs will confirm the record and send the Apostille archive with the Apostille sticker back to these organizations from where the candidate can gather the very same.
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How much does an Apostille cost (in India)?
1. Ministry of External Affairs (MEA): A fee of Rs. 50/- is usually payable for Apostille of each document, while normal Attestation is done free of cost.
2. Outsourced agencies: As the MEA does not accept documents directly from the applicant, all documents for the purpose of Attestation by MEA are to be collected and submitted from the designated outsourced agencies. The fee chargeable by these outsourced agencies for each document, and its collection and delivery for Apostille/normal attestation by MEA is usually:
· 22/- (Personal document),
· 18/- (Educational document)
· 16/- (Commercial document).
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