The Apostille Convention

Apostille_Norway

How is the authenticity of a public document issued by one country to be established in another country? Traditiionally, such public documents undergo a process called legalization. It is a long and costly process, as the document moves down a chain of officials, each adding his stamp of approval to it. The Apostille Convention of 1961 seeks to simplify the process. A single apostille (a certificate similar to the one shown here) would suffice.

Certain basic conditions apply. The document had to be a public document, such as a marriage or birth certificate. Notarial attestations of signatures are also public documents. Apostilles are issued by a designated competent authority, often a department in the foreign ministry. There is usually a fee, the amount varying greatly from one country to another. The apostille certifies the origin of the document and the authenticity of the signature or seal of the person or authority that signed or sealed it and the capacity in which this was done. An apostille does not certify that the contents of the document are true.

The greatest limitation on the use of the apostille system however is that both the country issuing the public document and the country in which it is to be used must have signed up to the convention. At last count, and more than 50 years after the Convention’s establishment, 106 countries are contracting parties, the latest being Bahrain on 31 December 2013. Unfortunately, Malaysia is not one of the contracting countries. There is presumably a good reason for this, although I do not know what it is. Thus it would appear where notarisation of a Malaysian public document (as a true copy) is insufficient for use abroad, there is no alternative but to go through the lengthy legalization process.

More information on the convention and apostilles generally can be found at the Hague Convention website, http://www.hcch.net.

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