Apostille Definition

Apostille Definition and the Hague Convention

An apostille’s definition can only be understood within the context of the Hague Convention of 1961. The United States is a party to the Hague Convention, an agreement between countries. The Hague Convention abolished the requirement of the legalization of foreign public documents. This means that countries that signed this agreement legally recognize public documents issued by each other as long as the document includes a special certification. This special certification is called an apostille. 

Obtain an Apostille: Steps

The steps for obtaining an apostille help explain its meaning. 

Hague Convention Countries

First, a person needs to use a publicly filed document in another country. For example, a business owner may need an apostille to certify the LLC formation documents for use in another country. Both countries must have signed the Hague Convention of 1961. As a result, the certification provided by an apostille is recognized by both parties.

Notarize and Certify the Document 

The person next must get that document notarized by a licensed notary public. Then, the business needs to have the notary’s signature certified by a government official. In New York, for example, the business owner would need to go to the county clerk to have the signature certified.

Request the Apostille from the Government

Lastly, the person can now request a government-issued certification. This special certification is called an apostille. Usually, a business owner can apply for an apostille from their state’s Secretary of State. Then, they can apply for an apostille from the U.S. Secretary of State.

Depending on the country where the document is being submitted, the requester may only need a state-issued apostille. Some countries also require that the U.S. government issue the apostille. 

Apostille Benefits

One advantage of an apostille is that a foreign country must automatically recognize the document as legally valid. Although obtaining an apostille may seem cumbersome, it is worthwhile. Countries that aren’t a part of the Hague Convention may require a business owner to take additional steps to authenticate a document. Or worse, they may not recognize a document at all.

Apostille Considerations

One disadvantage of an apostille is that obtaining one can be a complicated process. There are many steps involved in securing an apostille. However, once obtained, an apostille is valid for use in any Hague Convention country.

Apostille Examples

Here’s an example of an apostille’s business definition. Let’s say a business owner’s Delaware-formed corporation would like to operate in a country that is a party to the Hague Convention. That country doesn’t require the business to form a new corporation or subsidiary to do business there. That country just needs an apostille certifying the corporation’s Articles of Incorporation. 

Once an entrepreneur obtains an apostille for their Articles of Incorporation, they can file them with that foreign country. They can set up business there under their original corporate name. Of course, the entrepreneur may still need to take additional steps to operate there. But the point of the apostille is that the foreign country recognizes their corporate documents as valid.

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