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Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents | |
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![]() In force Ratified but not yet in force | |
Signed | 5 October 1961 |
Location | The Hague, Netherlands |
Effective | 24 January 1965 |
Condition | Ratification by 3 signatories[1] |
Parties | 126 |
Depositary | Ministry of Foreign Affairs of the Netherlands |
Languages | French (prevailing in case of divergence) and English |
Full text | |
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The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, also known as the Apostille Convention, is an international treaty drafted by the Hague Conference on Private International Law (HCCH). The Apostille Convention is intended to simplify the procedure through which a document, issued in one of the contracting states, can be certified for legal purposes in the other contracting states of the Convention. A certification under the Convention is called an apostille or Hague apostille (from French apostille, meaning a marginal or bottom note, derived from Latin post illa, meaning "after those ").[2] An apostille is an international certification comparable to a notarisation, and may supplement a local notarisation of the document. If the Convention applies between two states, an apostille issued by the state of origin is sufficient to certify the document, and removes the need for further certification by the destination state.
Background
![](http://upload.wikimedia.org/wikipedia/commons/thumb/e/e5/Legalization.jpg/220px-Legalization.jpg)
![](http://upload.wikimedia.org/wikipedia/commons/thumb/7/79/AlabamianApostilleOfTheHague.jpg/220px-AlabamianApostilleOfTheHague.jpg)
Many states require the verification of the authenticity of foreign documents in a procedure called legalization, for the document to be legally valid there. This legalization is generally a chain of certifications, by one or more authorities of the state where the document was issued and of the destination state. The first authority certifies the issuer of the document, and each subsequent authority certifies the previous one, until the final certification is made by an authority of the destination state that can be recognized by the final user there.[3] For example, to be accepted in Thailand, a document from the U.S. state of Maryland not issued by a government official must be certified by a notary public, who must then be certified by the clerk of the circuit court in the notary's county, who must then be certified by the Maryland Secretary of State, who must then be certified by the U.S. Department of State, which must finally be certified by the Embassy of Thailand in the United States.[4][5]
In many cases, the legalization procedure is simplified or exempted altogether. For example, some states have agreements eliminating the legalization requirement for certain documents issued by each other, such as between Argentina and Italy,[6] between Brazil and France,[7] between parties of the Convention on the Issue of Multilingual Extracts from Civil Status Records,[8][9] and between parties of the Convention on Legal Assistance and Legal Relations of the Commonwealth of Independent States.[10][11] The European Union also has a regulation eliminating the legalization requirement for certain documents of its member states to be accepted by each other.[12] Some states such as Canada, Japan, South Africa, the United Kingdom and the United States generally accept documents from any state without any certification.[13][14][15][16][17]
The Apostille Convention, drafted by the Hague Conference on Private International Law (HCCH), is intended to simplify the legalization procedure by replacing it with a certification called an apostille, issued by an authority designated by the state of origin. Ideally the apostille would be the only certification needed, but in some cases additional certifications in the state of origin may be required before the apostille is issued. In any case, after the apostille, no certification by the destination state is required.[3]
Contracting states
The Convention permits certain states to sign and ratify the Convention, becoming contracting states.[a] For each of these states, or for an extension to one of its territories, the Convention enters into force 60 days after the deposit of its ratification or territorial extension. Other states are also permitted to become contracting states by acceding to the Convention, but without signing it. For each of these states, during the period of six months after it deposits its accession, the other contracting states may object to it, and the Convention enters into force 60 days after this period, between the acceding state and all other contracting states that did not object to it.[1] Later, if a contracting state withdraws its objection, the Convention enters into force between these two states at that time. A successor state of a previous contracting state may declare to continue to be bound by the Convention without a waiting period or accede later as a new state.
As of June 2024[update], 126 states are contracting states of the Apostille Convention.[19][20]
State | Signed | Deposited | Entered into force |
---|---|---|---|
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— | 3 September 2003 | 9 May 2004 |
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— | 15 April 1996 | 31 December 1996 |
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— | 1 May 1985 | 1 November 1981 |
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— | 8 May 1987 | 18 February 1988 |
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— | 19 November 1993 | 14 August 1994 |
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— | 11 July 1994 | 16 March 1995 |
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5 October 1961 | 14 November 1967 | 13 January 1968 |
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— | 13 May 2004 | 2 March 2005 |
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— | 30 April 1976 | 10 July 1973 |
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— | 10 April 2013 | 31 December 2013 |
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— | 11 August 1995 | 30 November 1966 |
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— | 16 June 1992 | 31 May 1992 |
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10 March 1970 | 11 December 1975 | 9 February 1976 |
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— | 17 July 1992 | 11 April 1993 |
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— | 6 September 2017 | 7 May 2018 |
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— | 23 August 1993 | 6 March 1992 |
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— | 16 September 1968 | 30 September 1966 |
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— | 2 December 2015 | 14 August 2016 |
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— | 23 February 1987 | 3 December 1987 |
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— | 1 August 2000 | 29 April 2001 |
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— | 10 June 2014 | 13 February 2015 |
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— | 12 May 2023 | 11 January 2024 |
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— | 7 May 2009 | 13 February 2010 |
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— | 16 December 2015 | 30 August 2016 |
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— | 8 March 2023 | 7 November 2023 |
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— | 27 April 2000 | 30 January 2001 |
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— | 13 July 2004 | 30 April 2005 |
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— | 6 April 2011 | 14 December 2011 |
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— | 23 April 1993 | 8 October 1991 |
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— | 26 July 1972 | 30 April 1973 |
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— | 23 June 1998 | 16 March 1999 |
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20 October 2006 | 30 October 2006 | 29 December 2006 |
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— | 22 October 2002 | 3 November 1978 |
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— | 12 December 2008 | 30 August 2009 |
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— | 2 July 2004 | 2 April 2005 |
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— | 14 September 1995 | 31 May 1996 |
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— | 11 December 2000 | 30 September 2001 |
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— | 3 July 1978 | 6 September 1968 |
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— | 29 March 1971 | 10 October 1970 |
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13 March 1962 | 27 June 1985 | 26 August 1985 |
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9 October 1961 | 25 November 1964 | 24 January 1965 |
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— | 21 August 2006 | 14 May 2007 |
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5 October 1961 | 15 December 1965 | 13 February 1966 |
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5 October 1961 | 19 March 1985 | 18 May 1985 |
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— | 17 July 2001 | 7 April 2002 |
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— | 19 January 2017 | 18 September 2017 |
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— | 30 July 2018 | 18 April 2019 |
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— | 20 January 2004 | 30 September 2004 |
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— | 18 April 1972 | 18 January 1973 |
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7 September 2004 | 28 September 2004 | 27 November 2004 |
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— | 26 October 2004 | 14 July 2005 |
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— | 5 October 2021 | 4 June 2022 |
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29 October 1996 | 8 January 1999 | 9 March 1999 |
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— | 11 November 1977 | 14 August 1978 |
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15 December 1961 | 13 December 1977 | 11 February 1978 |
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— | 2 November 2020 | 3 July 2021 |
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12 March 1970 | 28 May 1970 | 27 July 1970 |
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— | 5 April 2000 | 30 January 2001 |
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— | 6 November 2015 | 14 July 2016 |
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— | 15 November 2010 | 31 July 2011 |
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— | 11 May 1995 | 30 January 1996 |
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— | 24 April 1972 | 4 October 1966 |
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— | 24 May 1995 | 8 February 1996 |
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18 April 1962 | 19 July 1972 | 17 September 1972 |
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— | 5 November 1996 | 19 July 1997 |
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5 October 1961 | 4 April 1979 | 3 June 1979 |
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— | 24 February 1967 | 2 December 1967 |
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— | 12 June 1967 | 3 March 1968 |
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— | 18 November 1991 | 14 August 1992 |
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— | 20 December 1968 | 12 March 1968 |
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— | 1 December 1994 | 14 August 1995 |
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— | 19 June 2006 | 16 March 2007 |
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— | 24 April 2002 | 31 December 2002 |
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— | 2 April 2009 | 31 December 2009 |
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— | 30 January 2007 | 3 June 2006 |
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— | 27 November 2015 | 14 August 2016 |
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— | 25 April 2000 | 30 January 2001 |
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30 November 1962 | 9 August 1965 | 8 October 1965 |
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— | 7 February 2001 | 22 November 2001 |
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— | 7 September 2012 | 14 May 2013 |
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— | 10 June 1998 | 2 March 1999 |
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— | 20 September 1993 | 17 November 1991 |
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30 May 1983 | 30 May 1983 | 29 July 1983 |
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— | 12 May 2011 | 30 January 2012 |
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— | 8 July 2022 | 9 March 2023 |
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— | 17 October 2019 | 23 June 2020 |
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— | 30 October 1990 | 4 August 1991 |
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— | 10 December 2013 | 30 August 2014 |
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— | 13 January 2010 | 30 September 2010 |
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— | 12 September 2018 | 14 May 2019 |
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— | 19 November 2004 | 14 August 2005 |
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20 August 1965 | 6 December 1968 | 4 February 1969 |
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— | 7 June 2000 | 16 March 2001 |
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— | 4 September 1991 | 31 May 1992 |
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— | 6 October 2023 | 5 June 2024 |
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— | 26 February 1994 | 14 December 1994 |
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— | 5 December 2001 | 31 July 2002 |
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— | 2 May 2002 | 27 October 1979 |
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— | Zdroj:https://en.wikipedia.org?pojem=Apostille_Convention