LEGALISATION UND APOSTILLE

There are many reasons for going abroad: work and travel, training, work-related assignments or conferences, as well as holidays and weddings are good reasons to push the boundaries. However, many underestimate the bureaucracy involved in these processes. Two important points on which international projects often fail are the deadlines and the validity of the documents themselves. The prime example of long waiting periods is probably the visa. In addition, certain certified documents issued in Germany are not readily recognized in some countries or have to be audited and certified.

What are legalization and apostille?

Legalization and apostille are used for this purpose: they confirm the authenticity and accuracy of a public document so that foreign courts and authorities can recognize it. In turn, a public document is understood to mean, for example, a private document.

Civil status documents

judicial documents

notarial deeds

Certificates from administrative authorities.

As private documents, and thus not public, for example, authorizations or self-written wills are called. However, once these have been notarised or certified by the public authority, they are again public documents.

The terms legalization and apostille relate precisely to these public documents and confirm the authenticity of the public document issued in another country. The legalization is carried out by a consular officer of the respective state in which the document is to be presented. In the case of the apostille, on the other hand, an authority of the State in which the instrument was issued confirms its authenticity.

What is the difference to attestation?

A key difference between legalization of documentsand apostille compared to attestation is the enforcer. According to § 129 BGB, a notary completes a public certification. Furthermore, certain documentary persons of the child care authority are qualified to do so. However, the exact regulations are regulated differently depending on the state. The certified copy must also be distinguished from these procedures: it is simply a question of a copy being identical in content to the original text.

When do you need legalization or apostille?

The purpose of the legalization and the apostille is to prove that a public document is both genuine and correct in content. Whether this instrument meets the formal requirements imposed by the authorities of the country of destination is another matter. If you are unsure whether your public deed requires legalization or apostille, it is worth asking to be sure: best of all at the diplomatic mission of the country in which the deed is to be presented.

When do you not need them?

Germany has concluded bilateral international treaties with a number of states. In the following countries the submission will be simplified questions about public documents and civil status:

Belgium

Denmark

France

Greece

Italy

Luxembourg

Austria

Switzerland.*

Legalization of public documents is not necessary in these countries.Visit www.apostillecanada.org

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