When a South African document is going to be used in a foreign country, the receiving authority may require the document to be Apostilled or Authenticated before it will be accepted. Although these terms are sometimes used interchangeably, an Apostille and an Authentication are not the same thing.
WHAT IS AN APOSTILLE?
An Apostille is a certificate issued under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Hague Convention). Where both South Africa and the country in which the document will be used are parties to the Convention, an Apostille generally replaces the more extensive Legalisation process.
The Apostille confirms the authenticity of the signature, the capacity in which the person signing the document acted and, where applicable, the identity of the seal or stamp on the document. For example, a South African document intended for use in Germany may require an Apostille before it is accepted by the relevant German authority or organisation (e.g. Banks, Tax Authorities, etc.).
Apostilles are typically compiled by a Notary Public who will lodge them with the Registrar of the High Court. Any copies of documents or non-official documents (e.g. Company documents, sworn translations, ID/Passport copies, etc.) must be certified by a Notary and Apostille’d through the High Court.
Similarly, any documents originally signed by private citizens must be attested to by a Notary Public before being Apostille’d.
Where the document to be Apostille’d is an original public document (e.g. original Birth Certificate, Marriage Certificate, etc.), these documents may be Apostille’d directly by the Department of International Relations and Cooperation (DIRCO) without a Notary’s certification or attestation. This serves as a cost-effective measure for complying with your Legalisation obligations but does run the potential risk of you losing these important original documents during or after the Legalisation process.
Authentication is generally required where the destination country is not covered by the Hague Apostille Convention, or where that country’s requirements call for Legalisation rather than an Apostille.
Authentication involves a lengthy chain of official certifications confirming the authenticity of the signatures, stamps or seals appearing on the document. Depending on the destination country and the type of document, further Legalisation by the relevant embassy or consulate may also be required.
Ordinarily this means that the document must first be certified/attested by a Notary, then authenticated by the Registrar of the High Court, then authenticated again by DIRCO before it may be sent overseas or to the local Embassy/Consulate.
The process is therefore more involved than obtaining an Apostille but still follows the same principles of verification at all points for your documents.
WHICH ONE DO YOU NEED?
The answer depends primarily on:
- The country where the document will be used
- Whether that country is a party to the Hague Apostille Convention
- The type of document
- The requirements of the foreign authority receiving the document
It is important to establish these requirements before taking any action. Not every document follows the same process, and following the incorrect procedure can result in delays and additional costs.
Werth and Partner Attorneys Inc. is proud to act as a premiere Apostille and Authentication service in South Africa. Should you be faced with having to comply with any Legalisation process whilst trying to send important documents outside of South Africa, please do not hesitate to contact our offices for assistance. We will be glad to support you in any way we can.
