Apostille Process

Apostille Process in India

The Apostille Process India is governed by Hague Convention of 1961, eliminating the requirement to legalize foreign general documents among the member countries. In India, it is managed by the Ministry of External Affairs (MEA) New Delhi, and the process is required for documents intended to be used in the Hague Convention member countries.

Document Categorization:

• • Two types of Documents:
    1. Personal Documents: Birth, PCC, marriage certificate, educational documents etc.
    2. Commercial Documents: Company registration certificate, Export document, GMP, Free Sale, etc.

Step-by-Step Process:

1. Notarization:
   • A local notary must first attest the document. Notary is required to verify the document’s authenticity & signature of the document issued person.
2. State-Level Attestation:
   • this step depends on the type of document, it will be attested by the appropriate state authority:
     • Personal Documents: Attested by the SHD (State Home Department) or SDM (Sub-Divisional Magistrate).
     • Educational Documents: Certified by the State Human Resource Development (HRD) department.
     • Commercial Documents: Attestation from the Chamber of Commerce (COC).
3. MEA (Ministry of External Affairs) Apostille:
   • Now, Submit the document to the Ministry of External Affairs to get an apostille stamp. MEA verifies the SDM or SHD signature and puts an apostille sticker on the document.
4. Completion:
   • Now, the Apostilled document is legally valid for use in any member country of the Hague Convention.

Timeline:

• The entire process takes 5 working days, although it depends on the state and type of document.

Apostille Process in the United States

In the US, the Secretary of State oversees the apostille process for each state. Each state has its procedure for issuing an apostille for documents such as birth certificates, marriage certificates, and other public records. The USA also followed the Hague Convention of 1961 in the Apostille process.

Document Preparation:

• • An authorized public official or a notary public must issue documents.
  • Examples include a birth certificate issued by the state registrar or a notarized power of attorney.

Step by Step Process  

1. Notarization:
   • A notary public must notarize documents not issued by a government entity (like personal affidavits).
2. State-Level Certification:
   • Documents must be authenticated by the Secretary of State of the relevant US state where the document was issued or notarized. The Secretary of State verifies the authenticity of the signature on the document.
3. Apostille Issuance by the Secretary of State:
   • Now, the Secretary of State issues an apostille certificate for use it in other Hague Convention countries.

Timeline:

• • The time taken varies by state. it will be completed in 3-5 working days.

Apostille Process in the United Kingdom

In the UK, the apostille process is managed by the Foreign, Commonwealth & Development Office (FCDO). The UK follows the same Hague Convention guidelines.

Step by Step Process:

1. Notary):
   • Personal or commercial documents need to be notarized by a UK solicitor or notary public if a documents are not issue by the government directly.
2. Verification and Certification by the Foreign, Commonwealth & Development Office (FCDO):
   • The FCDO verifies that a recognized UK public official or notary has signed the document.
   • The FCDO then issues an apostille sticker and attache it to the document back side and it is legally recognized for use in Hague Convention member country.

Timeline:

• The process takes about 7 working days. Using the premium service in person can take 3 to 4 working days.

Key Differences:

• India: The process involves multiple attestations before reaching the MEA.
• United States: The process is handled by states, and the Secretary of State issues apostilles.
• United Kingdom: The process is centralized and controlled by the FCDO.