Legal Legalisation Framework

Accession

An international act establishing consent to be bound by a treaty (see Art. 2 of the Vienna Convention of 23 May 1969 on the Law of Treaties).

In the case of the Apostille Convention, Article 12(1) provides that any State, other than those for which the Convention is open for signature and ratification, may accede to the Convention. All States eligible to sign and ratify under Article 10 have done so, meaning that all other States wishing to join the Apostille Convention must now do so by accession. A State may accede by depositing an instrument of accession with the Depositary. More information on the accession procedure is available at Annex III.

Allonge

A slip of paper, attached to the underlying public document, on which an Apostille is affixed. An allonge is used as an alternative to affixing the Apostille directly on the underlying document (see Art. 4(1) of the Apostille Convention).

Apostille

A Certificate issued under Article 3(1) of the Apostille Convention, in the form of the model annexed to the Convention, certifying the authenticity of the origin of a public document.

Apostille Convention (or Convention)

The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents. This is an international treaty developed and adopted by the HCCH. The final text of the Apostille Convention was adopted by the HCCH at its Ninth Session on 26 October 1960 and was first signed on 5 October 1961, giving the Convention its date. In accordance with Article 11(1), the Apostille Convention entered into force on 24 January 1965, 60 days after the deposit of the third instrument of ratification. The full text of the Apostille Convention is set out at Annex I and is also available on the Apostille Section of the HCCH website.

Apostillisation

The process of issuing an Apostille on a public document under the Apostille Convention for production abroad. A document for which an Apostille has been issued under the Apostille Convention is referred to as having been “apostillised”.

Applicant

The person making a request for an Apostille to be issued.

Authentication (of a public document)

The process of verifying, or “authenticating”, that a public document is genuine. The issuance of an Apostille is a type of authentication used between Contracting Parties to the Apostille Convention to certify the origin of a public document to be used abroad. Where the Apostille Convention does not apply, documents may be subject to a series of authentications as part of the legalisation process in order to be presented abroad.

Capacity

The legal authority to perform a prescribed function, typically conferred upon a person by virtue of a position or role. In the context of the Apostille Convention (see Arts 2 and 3), capacity refers to the position with the legal authority to execute the underlying public document as defined by the law that applies in the territory where the document is executed.

Certificate

A document or record confirming the authenticity of a fact, event, or item.

For the purposes of this Handbook, when capitalised, the term “Certificate” refers specifically to an Apostille. This distinguishes it from other types of certificates, such as an “official certificate” which is a public document referred to in Article 1(2)(d) of the Apostille Convention.

Competent Authority

An authority designated by a Contracting Party under Article 6 of the Apostille Convention to issue Apostilles. A Contracting Party may determine how many Competent Authorities are designated and the extent of their competence (e.g., issuing Apostilles only for certain types of public document). Information about Competent Authorities designated by Contracting Parties is available on the Apostille Section of the HCCH website.

Conclusions and Decisions (C&D) / Conclusions and Recommendations (C&R)

The form in which outcomes of many HCCH meetings are developed and adopted. Under the HCCH Rules of Procedure, Special Commission meetings adopt C&R, as do meetings of Experts’ Groups and Working Groups. These are then submitted to the Council on General Affairs and Policy for approval. Outcomes adopted in the form of C&D are reserved for specific meetings of HCCH Members, such as the Council on General Affairs and Policy.

Although strictly non-binding, C&R play an important role in ensuring the uniform interpretation and practical operation of the Apostille Convention. In practice, the e-APP Forum also adopts important guidance, generally in the form of C&R, however these do not carry the same authority as those authorised under the Rules of Procedure.

Contracting Party

A Party to the Apostille Convention, whether by ratification, accession, or succession. A Party is considered a Contracting Party from the time of the deposit of their instrument. An updated list of all Contracting Parties is available on the status table available on the Apostille Section of the HCCH website.

Council on General Affairs and Policy (CGAP)

The principal governing body of the HCCH, composed of all HCCH Members and established under Article 4 of the HCCH Statute. The Council on General Affairs and Policy meets annually to determine the work programme of the HCCH and oversees the effective operation of the Organisation by directing the activities of the Permanent Bureau.