What is Apostille?

Apostille is a document approval system that ensures the authenticity of a document and its legal use in another country. The rules of the Apostille were promulgated by the Hague Convention of 6 October 1961. Apostille rules are valid only between states that are members or parties to the La Haye Conference. A local authority, ministry, an organization determined by the member or party state related to this document approval system, confirms the authenticity of the document and makes it legal for use in another member or party country within the framework of the rules set in the La Haye Convention of 6 October 1961. The document that has been certified by the apostille is accepted as a valid document in all the member and party states of the La Haye Conference. Components of an Apostille document In Apostilles, the main title must be written in French as “Apostille (Convention de La Haye du 5 Octobre 1961)”. An apostille document consists of the following elements: the name of the country in which the document was issued; the name of the person signing the document, the title of the person signing the document; the place where the name of the authority to which the seal imprinted on the document is attested; the date of its certification, the authority issuing the apostille; apostille number, seal or stamp of the authority issuing the apostille; It is the signature of the official who issued the apostille. “The Hague Convention on the Abolition of the Obligation of Certification of Foreign Official Documents dated October 5, 1961” was published in the Official Gazette dated 16.9.1984 and numbered 18517 and entered into force on 29.09.1985 for our country. In the 1st article of the aforementioned contract, the Apostille Annotation. It is envisaged that it will apply to “official documents drawn up in the territory of one of the Convenant States and to be used in the territory of another Convenant State”. It is aimed that the citizens of the aforementioned convention countries can directly use the aforementioned documents issued in their own countries in other party countries, thereby reducing the burden and providing convenience and speed in the procedures. In the aforementioned convention, it is stated that the following documents are considered official documents for the purposes of the convention: A) Official documents for which an Apostille Annotation will be made: a) “Documents issued by an official or official attached to a judicial body or court of the state, including documents given by the prosecutor, court clerk, or court officer, b) Administrative documents, c) Notary public d) Official statements, such as the certification of the registration of the document or the existence of the document on a certain date, and the authenticity of the signatures by the official authorities and notaries, which are placed on documents signed by individuals in a private capacity. B) According to the same article, the documents to which the contract cannot be implemented, in other words, the Apostille cannot be certified: a) “Documents issued by diplomatic or consular officers, b) Administrative documents directly related to trade or customs procedures”. 3) Pursuant to Article 6 of the Convention ” Each Covenant State is required to determine the authorities authorized to issue the Apostille Annotation, and to notify the Dutch Ministry of Foreign Affairs in case of any changes. 4) In Article 9 of the Convention, it is stated that “Each Convenant State shall take the necessary measures to ensure that certification is not made by its own diplomatic or consular officers in cases where the immunity of certification is stipulated in this Convention” and it is stated that a document with an Apostille Annotation duly applied does not require any further certification. 5) It is possible to reach the text of the said Convention, the updated list of the countries that are party to the contract, and the information about which authorities are authorized to put Apostille Annotation in each country, from the address “http://www.hcch.nct/e/status/index.html”. 6) As it is known, international agreements take the character of law after their approval by the Turkish Grand National Assembly (TBMM) and become effective like our national laws.

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