This article has been written by Madhuri Pilania, pursuing the Diploma Programme in Advanced Contract Drafting, Negotiation and Dispute Resolution from LawSikho.
Introduction
The Convention on the abolition of the requirement of legalization of foreign official documents (Apostille Convention of the HCCH of 1961) of October 5, 1961, facilitates the use of official documents abroad. The aim of the contract is to replace the often lengthy and costly legalization process with the issuance of a single Apostille certificate by a Competent Authority in the place of origin, eliminating the traditional legalization requirement. The Electronic Apostille Program (e-APP) was launched in 2006 to support electronic publishing and verification of Apostilles around the world.
The contract has more than 110 Contracting Parties and, with the issuance of several million Apostles each year, it has become one of the most applied multilateral agreements in the field of legal cooperation.
India has been a member of the Hague Convention of October 5, 1961, since 2005, which removed the requirement to legalize foreign official documents. Apostille can be accepted in all member countries of the Convention (for more information, visit the website: www.hcch.net) Birth/death/marriage certificate, affidavit, power of attorney etc. Apostille is made for personal documents. and educational documents such as degrees, diplomas, high school enrollments, and certificates. As India is a member of the 1961 Hague Apostille Convention, additional certification or legalization of a document apostilled by a member state should not be required to use the apostilled document in India. Therefore, an apostilled document should be considered as a document legalized for all purposes by all concerned in India, in accordance with the international obligation under the Convention.
Steps
- Authentication of Documents
- Deposition of Documents with authorized Outsource Service Provider.
- Receipt of apostille/Attested documents from Outsource agencies.
The apostille is a certificate that verifies the origin of an official document (for example, birth, marriage or death certificate, adoption certificates, affidavits, contracts, diplomas and titles, divorce decrees, founding documents, patent applications, power of attorney and school). transcripts). Apostilles can only be issued for documents issued in a country that is a party to the Apostille Convention and to be used in another country that is also a party to the Convention.
You will need an Apostille if all of the following are true:
- The country where the document is issued is a party to the Apostille Convention and
- The country where the certificate will be used is part of the Apostille Agreement; and
- The law of the country where the document is issued accepts it as an official document; and
- The country where the document will be used must request an Apostille to be recognized as an official foreign document.
- The apostille may not be required if the laws, regulations or practices in force in the country where the official document will be used have eliminated or simplified the Apostille requirement or exempted the document from any legalization requirement.
How to get the Apostille in India
The Ministry of Foreign Affairs certifies original documents / real copies of documents for use abroad. The certification of the Ministry of Foreign Affairs is of two types:
Normal certification: it is done for all countries that are not members of the Hague Convention and that do not accept an apostille.
Apostille: India has been a member since 2005 to the Hague Convention of October 5, 1961, which lifted the obligation to legalize foreign official documents.. The apostille can be accepted in more than one hundred member states of the Convention
Two-way procedure to obtain the apostille
- E-sanad: E-Sanad is a project for submission/verification of documents online. From 2014 onwards, CBSE Certificates will only be accepted via e-sanad. After 5 June 2017, physical copies of CBSE documents of 2014 and after will not be accepted for certification/apostille
- Document Verification: All original documents/copies that require certification or Apostille must first be certified by the designated authorities of the State / Territory of the Union where the document was issued.
In the case of personal documents, the Department of Internal Affairs / General Administration of the Government of the State / Territory of the Union is the designated authority.
In the case of educational documents, the documents must first be approved by the appropriate State Government / Union Territory Department of Education.
The Commercial Documents will be approved by the corresponding Chambers of Commerce.
Effects
The Apostille only certifies the origin of the official document to which it refers: it certifies the authenticity of the signature or seal of the person or authority that signed or sealed the official document and the capacity in which it was made. The Apostille does not certify the content of the official document to which it refers. Apostilles are strictly for the use of official documents abroad.
Before requesting the Apostille from the Competent Authority, one should consider the following
- Is the Apostille Convention valid both in the country that issued the official document and in the country that I intend to use?
- Can I get an Apostille for my official document, that is, my document is considered an official document according to the laws of the country where it was issued?
- Can I request an Apostille by mail or do I need to be seen in person? This is especially important if you live in a different country than the one that issued your official document.
- If I have more than one document, will I need multiple Apostilles?
- Are there any other documents or additional information that I need to provide to obtain an apostille?
- How much does an Apostille cost and what payment methods are available?
- How long does it take to obtain the Apostille?
- How much does the Apostille cost (in India)?
- Ministry of External Affairs, Government of India.: a fee of Rs. 50 / – per Apostille for each document. Normal certification is done free of charge.
Outsourced Institutions: Since the Ministry of Foreign Affairs (Ministry of External Affairs, Government of India.) does not accept documents directly from the applicant/individual, all documents for the purpose of Certification / Apostille by Ministry of External Affairs, Government of India. will be submitted and collected from the four designated external institutions. The fee that external institutions will charge per document for receipt and delivery by MEA for the Apostille / normal certification:
Rs. 22 / – (personal document),
Rs. 18 / – (Certificate of education)
Rs. 16 / – (Commercial document).
Below is the list of the Ministry of External Affairs, Government of India. Branch Secretariat
Kolkata
Ministry of External Affairs Branch Secretariat
2, Ballygunge, Park Road,
Kolkata-700019
Phone : 033-22879701033-22879701, 22802686,
Fax : 033-22879703,
Email: [email protected]
Hyderabad
Ministry of External Affairs Branch Secretariat
B-Block, Room No. 310-312,
Andhra Pradesh Secretariat,
Hyderabad-500022
Phone : 040-23456051040-23456051, Fax : 040-23451244
Email: [email protected]
Guwahati
Ministry of External Affairs Branch Secretariat
House No. 307, Beltola, Basistha Road,
Guwahati-781028.
Phone : 0361-22291550361-2229155, 2229156,
Fax: 0361-2229157
Email: [email protected]
Chennai
Ministry of External Affairs Branch Secretariat,
68, College Road, E.V.K. Sampath Maaligai,
7th Floor, Nungambakkam,
Chennai -600006.
Phone : 044-28252200044-28252200, 28251323
Email: [email protected]
Important Note
- Document Legalization: The Department of Foreign Relations then legalizes the documents based on the signature of the designated signing officials of the State Government / Union Territory / Chambers of Commerce. Therefore, it is not responsible for the content of the documents.
- Subcontracting and sending of documents. As a result of outsourcing the receipt and delivery of documents for Certification / Apostille as of July 2012, documents are not accepted directly from persons of the Ministry of Foreign Affairs at CPV Department, Patiala House Annexe, New Delhi. The original copy must be submitted directly to one of the five external service providers, together with a photocopy of the document and a photocopy of the applicant’s Passport. It should be noted that the Ministry does not legalize photocopies. Applicants are advised not to rely on unauthorized persons/vendors for Apostille or Certification services.
- Withdrawal from the Certification / Apostille Service Center. W.e.f. Jan 1, 2019, Certification / Apostille Services distributed to branch / RPO secretariats in 15 cities in Ahemdabad, Bengaluru, Bhopal, Chennai, Chandigarh, Cochin, New Delhi, Guwahati, Hyderabad, Kolkata, Lucknow, Mumbai, Panaji, Raipur and Thiruvananthapuram. The contact details of these RPOs and the collection centres of five service providers in these 15 provinces are given above. Certification / Apostille from NORKA ROOTS, RPO, Thiruvananthapuram, a public sector company affiliated with the Keralite Affairs Department for Non-Residents of the Government of Kerala.
- As of July 2012, documents are not accepted directly from individuals at the Ministry of Foreign Affairs, CPV Department, Patiala House Annexe, New Delhi.
- The original document / actual copy will be sent directly to any of the four external service organizations listed below, along with a photocopy of the document and a photocopy of the applicant’s passport.
- The Ministry does not legalize photocopies.
- However, the applicant can present and collect the documents directly at the four Branch Secretariats of the Ministry of Foreign Affairs listed below. In addition to MEA, certification / apostille documents.
Conclusion
- Stay updated – check out available online resources.
- Indian Ministry of Foreign Affairs – Apostille Department
- E-Sanad
- Hague Conference website
- Hague Conference – Apostille section
- Information on legal requirements of certain foreign countries in this publication is provided for general information only.
- Questions regarding the interpretation of certain foreign laws should be directed to a foreign lawyer.
- Be patient – circumventing Indian bureaucracy is hectic and time-consuming.
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