33431Authentication of Documents – Regularly Asked Inquiries

The answers to our Often Asked Concerns are supplied for informational purposes and are certainly not intended to supply legal assistance or to substitute for the suggestions of an lawyer. For those who have precise legal concerns, seek the advice of your lawyer.

What is an Apostille?
An Apostille is actually a form of certification set out in the 1961 Hague Convention, to which the United states became a subscriber in 1981. It really is a form of numbered fields, which makes it possible for the information to be understood by the receiving country regardless of the official language of your issuing country.

What does an Apostille do?
The object from the Apostille is to “abolish the requirement of diplomatic or consular legalization for foreign public documents”. The completed Apostille certifies the authenticity of your signature, the capacity in which the particular person signing the document has acted, and identifies the seal/stamp which the document bears.

Who problems Apostilles?
Each and every subscribing nation may well designate those authorities which may perhaps concern Apostilles for their jurisdiction. The Usa has appointed the Secretary of State (or their counterpart) of the various states as stated authority. The Secretary of State of Texas has expanded this authorization to consist of the Deputy Secretary of State as well as the division directors.

The Secretary of State of Texas may problem an Apostille on documents issued by persons on file with this agency, including county clerks, notaries public, statewide officials. Recently issued birth/death certificates issued by locals registrars should have been issued within the previous three (3) years in order for the Secretary of State to issue an Apostille.

The competent authority for issuance of Apostilles on documents issued by the federal government are the clerks on the federal courts.

What kind of documents do I have to have an Apostille for?
The Apostille may be obtained to transmit public documents executed in one particular subscribing nation to yet another subscribing country wherein the documents must be produced. The Hague Convention defines ‘public documents’ as:

those originating inside a court, clerk of a court, public prosecutor or approach server,
administrative documents,
notarial acts,
official certificates placed on documents
These kinds of ‘public documents’ would consist of birth/death certificates, marriage licenses, divorce decrees, college transcripts and diplomas/degrees, amongst other folks.

How do I get an Apostille?
A request for an Apostille might be created in person or through the mail. The document(s) will probably be handled by the proper division within this agency. Requests for corporate documents requiring an Apostille needs to be directed towards the Corporations Section. Requests for Apostille on documents executed prior to a Texas notary public, documents issued by statewide officials (including the State Registrar of Important Statistics, district judges, motor car custodian of records, and so forth.), and certified copies issued within the previous five years by county officials and local registrars ought to be submitted towards the Authentications Unit.

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