Legalisation
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Legalisation and the Apostille Legalisation of Documents for use abroad
Legalisation is an internationally recognised, albeit tedious, procedure for certifying the authenticity of the execution (by signature and/or seal) of a document. It operates by means of an unbroken chain of verifying signatures commencing with that of the first signatory to the document and ending with the signature of the diplomatic or consular representative of the state in which the document is to be produced and acted upon. The sequence of events for legalisation is as follows:-
The document is executed (i.e. signed and/or sealed) in the presence of a Notary Public who attests to such execution.
The Notary Public takes the document to the Principal Secretary of the Lord Chief Justice who, upon payment of the appropriate fee, will certify that the Notary is still on the Roll of Notaries Public in Northern Ireland and will stamp the document.
The document is sent to the Foreign and Commonwealth Office for sealing by the Principal Secretary (upon payment of the appropriate fee).
The document is sent to the appropriate embassy or consular office for sealing by the relevant official (upon payment of the appropriate fee).
When all the above steps have been completed the document can be said to be legalised and can be sent to its intended destination.
The Apostille
The 1961 Hague Convention agreed a shortened form of legalisation for documents passing between countries that are parties to the Convention. Not all countries in the world are signatories to the Hague Convention and the Republic of Ireland only ratified it in 1999. For those countries outside the Convention the old system still applies. The following web address has details of those countries that have signed up to the Hague Convention:-
http://www.hcch.net/index_en.php?act=conventions.status&cid=41
In the United Kingdom is a certificate issued by the Foreign and Commonwealth Office which verifies the signature and/or seal of a public officer, e.g. a Notary Public, on a document and the capacity in which he or she has acted and has the same effect as legalisation.
The fee payable for an Apostille is currently £40.00 per document.
A notary public can also certify copies of original documents, such as birth certificates, passports, and driver’s licenses. The notary public compares the copy to the original, verifies that it is a true and accurate copy, and then attaches their official seal to the document.
A Power of Attorney is a written authority given by one person (the “Donor”) to another person (the “Donee” or the “Attorney”). This document, which enables the Attorney to carry out certain tasks that the Donor would otherwise be able to do if he was there in person, sets out the powers granted to the Attorney and can be either general or limited.
The most frequent use of a Power of Attorney is in connection with the sale or purchase of property abroad and is generally given to a lawyer in the country where the property is situated. It will usually be drawn up by the foreign lawyer to whom authority is to be given because a Notary Public in this country cannot be expected to have knowledge of the laws of that country or its language or to be familiar with its formalities regarding Powers of Attorney.
A Power of Attorney is an important legal document and it facilitates the transaction of business that would otherwise require the Donor to be there in person. However, it has the potential to give rise to serious legal and financial consequences for the persons signing it if it is badly drafted or if it is misused by the Attorney. It is important, therefore, that you understand the legal, financial and taxation implications of any intended foreign transaction before you take any step, particularly the giving a Power of Attorney to a foreign lawyer or other person whom you may never have met. As the Notary Public in Northern Ireland is neither the draftsman of the foreign Power of Attorney nor your legal adviser, it is a matter for you to have the Power of Attorney, indeed any foreign language document which you intend to rely upon, properly translated and explained to you before going to the Notary.
Powers of Attorney for use in Europe tend to be very wordy and can run to several pages. They appear to cover every possible eventuality. However, they can also contain hidden dangers such as the power to assign the Power of Attorney to third parties which may not have been in the contemplation of the Donor.
Other Services:
Certified duplicates of original documents such as birth certificates, passports, etc.
A written authority given by one person to another person.
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We have four J W McNinch & Son Solicitors offices located at the following addresses:
Larne
2 Cross street, Larne, Co.Antrim, BT40 1JP
Ballyclare
37 Main Street, Ballyclare, Co Antrim, BT39 9AA
Carrickfergus
19 Joymount, Carrickfergus, Co Antrim, BT38 7DN
Glengormley
16 Portland Ave, Glengormley, Co Antrim, BT36 5EY
Contact us
Tel: 028 2827 2010
Email: Matthew@notarypublicni.co.uk
