Upload
world-legalization
View
462
Download
1
Embed Size (px)
Citation preview
World Legalization FAQ
What is Document Legalization?
A. Document must be authenticated or legalized to be used in a foreign country. This happensby having the document notarized and then having official seals from US states Federalgovernment bodies as well as the Consulate or Embassy of the destination country placed onthe document so that they can be recognized as a legal document outside the US. Procedurescan vary, depending on the country where the document will be served.
Q. What kind of document services does World Legalization provides.
A. World Legalization provides Apostille service for all 50 U.S. States including the U.S.Department of State in Washington, D.C. and Embassy / Consulate Legalization Services inWashington, D.C.
World Legalization provides also document retrieval, Document preparation and documenttranslation.
Q. What type of services does your company offer?
A. We offer only Apostille service: APOSTILLE SERVICES. If you are going to use yourdocument in a member country of the Apostille Section of the Hague convention you need anApostille. Check the list of the country below.
LEGALIZATION TERMS:
Apostille – is a certification provided under the Hague convention of 1961 for authenticatingdocuments for use in foreign countries. The sole function of the Apostille or Exemplifiedcertificate is to certify the authenticity of the signature of the document.
Certification – is a document issued by the Secretary of State which is destined to a countrywho is NOT a member of The Hague Apostille convention.
Authentication – This is what the Secretary of State and the US Department of State does.They authenticate the signature of the person who signed the document.
Legalization – Refers to what the Consul or Embassy does.
Attestation – Refers to being sworn in that everything is true and correct written on thedocument. Basically taking an oath.
Q. What is authentication?
A. An authentication is the placing of the consular seal over the seal of a foreign authority
whose seal and signature is on file with the American Embassy or Consulate. A consularauthentication in no way attests to the authenticity of the contents of a document but merelyto the seal and signature of the issuing authority.
Q. What is an Apostille?
An Apostille is a form of certification set out in the 1961 Hague Convention, to which theUnited States became a subscriber in. It is a form of numbered fields, which allows the datato be understood by the receiving country regardless of the official language of the issuingcountry. /
A. an Apostille can be better summarized as the simplified certification of public documents(including notarized), for their international use in all nations that have joined the ApostilleSection of the Hague Convention. Signatory countries have agreed under the ApostilleSection of the Hague Convention to recognize public documents certified by the “Apostille”.
This certification ensures that public documents are valid within the country where thedocument was originally issued or notarized. The main function of the Apostille is to certifythe authenticity of the signature on the document(i.e.: State Registrar, County Clerk, Judge,Vital Records Officer or Notary Public).
The Apostille also certifies the capacity in which the person signing the document acted andthe identity of any stamp or seal affixed to the document. The apostille must be issued in theState where the document was issued, or got notarized. The Apostille is a one page documentembossed with the Great Seal of a State and includes the facsimile signature of theindividual issuing the certificate.
There are currently over 60 members states of the Hague convention, and in the future,many other countries will join the Apostille Section of the Hague Convention to be able torecognize the Apostille for the international legalization of documents.
The Apostille is applied only to public documents, signed by an authority or official connectedwith a court or tribunal of the State (including documents issued by an administrative,constitutional or ecclesiastical court or tribunal, a public prosecutor, a clerk or aprocess-server); administrative documents; notarial acts; and official certificates which areplaced on documents signed by persons in their private capacity, such as official certificatesrecording the registration of a document or the fact that it was in existence on a certaindate and official and notarial authentications of signatures.
Almost every kind of document including: Birth Certificate, Adoption Certificate, MarriageCertificate, Divorce Decree, Death Certificate, Power of Attorney, School Diploma and/orTranscripts, Corporate Documents, Affidavits, Identity documents and/or Passports, Deedsand Wills, Agreements, Bills of Sale, Proof of Ownership, Private Documents.
Q. What does an Apostille do?
A. The object of the Apostille is to "abolish the requirement of diplomatic or consularlegalization for foreign public documents". The completed Apostille certifies the authenticityof the signature, the capacity in which the person signing the document has acted, andidentifies the seal/stamp which the document bears
Q. Who issues Apostilles?
A. Each subscribing nation may designate those authorities which may issue Apostilles fortheir jurisdiction. The United States has appointed the Secretary of State (or theircounterpart) of the various states as said authority.
Q. What kind of documents do I need an Apostille for?
The Apostille may be obtained to transmit public documents executed in one subscribingcountry to another subscribing country wherein the documents need to be produced. TheHague Convention defines 'public documents' as:
those originating in a court, clerk of a court, public prosecutor or process server, administrative documents, notarial acts, official certificates placed on documents
These types of 'public documents' would include birth/death certificates, marriage licenses,divorce decrees, school transcripts and diplomas/degrees, among others.
Q. Where do I obtain a copy of my Birth, Death, Marriage, or Divorce record?
A. The office where you may obtain a copy of a Birth, Death, Marriage or Divorce Record(vital record) will depend on where the original document was filed.
Q. Where do I obtain a copy of my Diploma or other Educational Documents?
A. Educational documents such as transcripts, diplomas or certificates must be obtained froman official of the school, college or university that you attended.
Q. How long will it take to process my request for an Apostille or Certificate ofAuthentication?
A. The processing of documents submitted by mail is usually completed within 4 business daysof receipt in this office.
Please note that Apostilles/Certificates of Authentication are returned by first class mail.You may request that your documents be returned to you by overnight delivery service byenclosing a prepaid shipping label with your request. Requests for overnight delivery servicethat do not include a prepaid shipping label will be returned by first-class mail.
The processing of documents submitted in person is usually completed while you wait.Please note: Subject to volume and staffing levels, documents submitted within one hour ofclosing time may not be processed until the following business day. Any document which thedepartment is unable to process while you wait will be returned to you by mail or will beavailable for pick up at the customer service counter the following business day.
Q. How do I verify that an Apostille or Certificate of Authentication was issued by WorldLegalization, Inc.?
The Department of State now allows you to verify whether an Apostille or Certificate ofAuthentication was issued by the World Legalization. If you are unable to locate an Apostilleor Certificate of Authentication or you wish to verify an Apostille or Certificate ofAuthentication issued, please contact the ___________________________________.
Q. How do I get information about international adoptions?
A. Visit the U.S Department of State website for information about adopting children fromforeign countries.
Q. How do I authenticate documents issued by federal courts?
A Documents issued under the seal of a federal court should have a preliminaryauthentication by the Justice Management Division. After the seal of the JusticeManagement Division is on the document, it can be authenticated by the U.S. Department ofState Authentications Office. The final step is to obtain the seal of the foreign embassy orconsulate in the United States. Usually, foreign embassies or consulates in the U.S. can onlyauthenticate the seal of the U.S. Department of State. Some foreign embassies andconsulates maintain sample seals of state authorities.
Q. Can you tell me what I need to get dual citizenship for my child?
You need to check with the foreign consulate or embassy to find out what documents youneed to have the authentication/apostille attached to.
Q. Which do I need, an authentication or an apostille?
A. World Legalization uses the same form for both kinds of certificates, so you don't needto know which certificate the destination country requires. Our form works in all countries.However, if you need a certificate for OTHER countries, which is not listed below, you canindicate that on your order
Q. I was born/married outside of the United States. How can I have my birth/marriagecertificate authenticated?
A. If you were born to U.S. parents abroad, contact the U.S. Dept. of State, PassportServices, Correspondence Branch, 1111 19th St. NW, Suite 510, Washington, DC 20522-1705,
telephone 202-955-0307202-955-0307 FREE. Or visit the U.S. Dept. of State PassportServices website for your birth certificate. Let them know you need it authenticated for useoutside of the United States.
Locally, you can check with the U.S. Citizenship and Immigration office:USCIS Application Support Center721 S.W. 14th Ave., Portland, OR 97205-1904
Or visit the U.S. Citizenship and Immigration website.
Otherwise, you need to check with the country of origin for a certified copy of thosecertificates. Be sure to let them know you need them authenticated.
Q. What States does World Legalization provides Apostille for?
A. World Legalization provides Apostille for all 50 States.
Q. What is the guidance about the propriety of authenticating or legalizing certainnotarized documents as provided by the U.S. Department of State?
A. The Apostille does not provide any form of immunity. It is inappropriate to place theApostille certificate on a document that suggests that the Apostille has such an effect.Moreover, the Apostille should not be placed on any document by state Secretaries of Stateor Notary Public Administrators if the document is intended for use in the United States orin a country not party to the Hague Legalization Convention. It is only for documents to beused in countries that are party to the Convention.
Q. What is the Hague Convention and the purpose of it?
A. The Hague Convention Abolishing the Requirement of Legalization for Foreign PublicDocuments, the Apostille Convention, or the Apostille Treaty is an international treatydrafted by the Hague Conference on Private International Law.
Q. Who are the Hague convention member countries?
A
Albania
Andorra
Argentina
Armenia
Australia
Austria
Azerbaijan
B
Belarus
Belgium
Bosnia andHerzegovina
Brazil
Bulgaria
Burkina Faso
C
Canada
Chile
China, People'sRepublic of
Costa Rica
Croatia
Cyprus
Czech Republic
D
Denmark
E
Ecuador
Egypt
Estonia
European Union
F
Finland
France
G
Georgia
Germany
Greece
H
Hungary
I
Iceland
India
Ireland
Israel
Italy
J
Japan
Jordan
K
Korea, Republic of
L
Latvia
Lithuania
Luxembourg
M
Malaysia
Malta
Mauritius
Mexico
Monaco
Montenegro
Morocco
N
Netherlands
New Zealand
Norway
P
Panama
Paraguay
Peru
Philippines
Poland
Portugal
R
Romania
Russian Federation
S
Serbia
Singapore
Slovakia
Slovenia
South Africa
Spain
Sri Lanka
Suriname
Sweden
Switzerland
T
The former
Yugoslav Republic ofMacedonia
Tunisia
Turkey
U
Ukraine
United Kingdom ofGreat Britain andNorthern Ireland
United States ofAmerica
Uruguay
V
Venezuela
Viet Nam
Z
ZambiaQ. What are the non-Hague countries?
A
Afghanistan
Algeria
Angola
Antigua andBarbuda
Argentina
B
Bahamas
Bahrain
Bangladesh
Barbados
Benin
Bhutan
Bosnia andHerzegovina
Botswana
Brunei
Burma (Myanmar)
C
Cameroon
Central AfricanRepublic
Chad
Comoros
Congo, Rep. of
Congo, Dem. Rep. of
Côte d'Ivoire
Croatia
D
Djibouti
Dominica
E
East Timor
Egypt
Equatorial Guinea
Eritrea
Ethiopia
G
o Gabon
Gambia
Ghana
Grenada
Guinea-Bissau
Guyana
H
Haiti
Honduras
I
Indonesia
Iran
Iraq
J
Jamaica
Japan
Jordan
K
Kiribati
Korea, North
Korea, South
Kuwait
Kyrgyzstan
L
Laos
Lebanon
Liberia
Libya
M
Malawi
Malaysia
Maldives
Marshall Islands
Mauritania
Micronesia
Morocco
Mozambique
N
Namibia
Nauru
Nepal
Nicaragua
Niger
Nigeria
O
Oman
P
Pakistan
Palau
Papua New Guinea
Q
Qatar
R
Russia
S
St. Kitts and Nevis
St. Lucia
St. Vincent and theGrenadines
Samoa
São Tomé andPríncipe
Saudi Arabia
Serbia6
Sierra Leone
Singapore
Slovakia
Solomon Islands
Somalia
South Sudan
Sudan
Suriname
Syria
T
Tajikistan
Tanzania
Tonga
Trinidad andTobago
Tunisia
Turkmenistan
Tuvalu
U
Uganda
Ukraine
United ArabEmirates
Uzbekistan
V
Vanuatu
Y
Yemen
Z
Zambia
ZimbabweQ. What kind of documents can be authenticated by the U.S. Department of State?
A. All federally issued documents, All Secretary of States Apostilled documents.
Sample of Federally issued documents (FBI Background Checks, U.S. Federal CourtDocuments, U.S. Bankruptcy Court Documents, IRS Documents, INS Documents,Naturalization Certificates, Immigration Certification, Military Birth Certificates, SocialSecurity Administration documents, USPTO Patent Certificate, Trademark Certificates,Certificate of Exportability, Certificates of Free Sale, Health Certificates, and others.
Q. What is an authenticated Certificate of Naturalization?
A. Authenticated Certificate of Naturalization Means: getting Certified True Copy
Q. What fees are charged for consular notarial and authentication services abroad?
A. Effective July 13, 2010 there is a $50.00 fee for each notarial service. Also effective July13, 2010, there is a $50.00 fee for each authentication service provided by a U.S. Embassy orConsulate abroad. Fees may be paid in cash or by certified check or money order. No personalchecks are accepted. Certified checks or money orders should be made payable to theAmerican Embassy or Consulate. (For example, American Embassy Kingston.)
Q. Can a notarizing officer's seal be further authenticated?
A. Yes, the Department of State's Authentication Office can authenticate the seal of anotarizing officer. The Authentication Office is located at 518 23rd St., N.W., Washington,D.C. 20520, tel: (202) 647-5002(202) 647-5002 FREE; 1-800-688-98891-800-688-9889FREE, and choose option 6 after you press 1 for touch tone phones. Walk-in service isavailable from 8 a.m. to 12 noon Monday-Friday, except holidays. The fee for this service iscurrently $8.00.
Q. How do you get a document notarized overseas?
A. Notarizing officers at any U.S. Embassy or Consulate abroad can provide a service similarto the functions of a notary public in the United States. It is also possible to have a documentnotarized by a local foreign notary and then have the document authenticated for use in theUnited States. In countries that are party to the Hague Apostille Convention, this is asimplified process.
Q. Is there a treaty authority permitting consular officers to perform notarial andauthentication services abroad?
A. Notarial functions of consuls are included in the earliest treaties dating back to theeighteenth and nineteenth centuries. In modern times, Article 5(f) of the multilateral ViennaConvention on Consular Relations of 21 U.S.T. 77 authorizes consular officers to performnotarial functions. Bilateral consular conventions frequently include similar provisions.
Q. How do the notarial functions of U.S. Notarizing officers differ from those of a U.S.Notary public?
A. Notarizing officers at U.S. Embassies and Consulates require the personal appearance ofthe person requesting the notarial service; establish the identity of the person requestingthe service; establish that the person understands the nature, language and consequences ofthe document to be notarized; and establish that the person is not acting under duress. (22C.F.R. 92.31). In addition, the notarizing officer must be satisfied that the act does not comewithin the purview of the regulatory bases for refusal to provide the notarial service setforth at 22 C.F.R. 92.9. This requires that the notarizing officer be generally familiar withthe laws of the foreign country, U.S. law, and treaty obligations, or consult the Departmentof State when a matter is in doubt. In addition to the usual functions of notaries related tooaths, affidavits and acknowledgments, most notarizing officers may authenticate documents,a governmental act which is not performed by notaries in the United States. Note that not allnotarizing officers are authorized to authenticate documents.
Q. Do U.S. Embassies and Consulates provide notarial and authentication services fornon-U.S. Citizens?
A. Yes. Provides that these services may be performed for any person regardless ofnationality so long as the document in connection with which the notarial/authenticationservice is required is for use within the jurisdiction of the United States.
Q. What are some examples of notarial/authentication acts?
A. Acknowledgment: To "acknowledge" is to admit, affirm, or declare; to recognize one's acts,assuming obligation or incurring responsibility. For example, if you sign a deed before anotarizing officer, you acknowledge your signature.
Oath: Any form of an attestation by which a person signifies that he or she is bound inconscience to perform an act faithfully and truthfully. A person who intentionally makes falsestatements under oath before a U.S. notarizing officer is punishable for perjury (22 U.S.C.
4221).
Affirmation: A solemn and formal declaration that an affidavit is true, that the witness willtell the truth, etc.
Affidavit: A written or printed declaration or statement of facts, made voluntarily, andconfirmed by the oath or affirmation of the person making it, taken before an officer havingauthority to administer such an oath.
Attestation: The act of witnessing an instrument in writing, at the request of the partyexecuting the document, and subscribing it as a witness.
Corporate Acknowledgment: Officials of corporations who desire to execute an instrument intheir capacity as corporate officials before a consular notarizing officer must presentadequate proof of their corporate identity.
Q. Do I need to notarize the document?
A. All documents must be notarized by a notary public in order to be authenticated andlegalized, or to receive apostille – except official, certified government issued documents.
Q. How do I notarize a document?
A. A notary public is a person trained and authorized by the state to certify documents. It isnecessary to notarize certain legal documents in order for them to be valid. A notary publicmust witness a person signing a document and verify his or her identity to notarize adocument. Getting a document notarized is a simple process once you have located a notarypublic to provide this legal service
Q. What is Notary Certification?
A. This is when the County Clerk of Court at the courthouse puts their seal on a document toauthenticate that the document has been witnessed by a valid notary registered in theircounty. This can be done at the courthouse, after the document is notarized.
Q. Do I need Notary Certification from the local Clerk of Court?
A. Documents that have been notarized for legalization must be taken to the local courthousein the same county as the notary public for notary certification; this proves that this notaryis authorized to endorse this document in the state where the document originates.
Q. What is (State) Secretary of State Authentication?
A. Documents issued by a US court or government agency can be submitted directly to theState Secretary of State for authentication. Other types of documents must first benotarized and certified with the county clerk of court’s seal, before sending the documents
to the Secretary of State. If the document will be used in a country that is a member of theHague Convention, the Secretary of State will issue an apostille. If the destination country isnot a member of the Hague Legalization Convention, the Secretary of State will issue a sealauthenticating the document, so that the document can be legalized.
Documents need either apostille from the State Secretary of State to be used in a HagueConvention member country, or they need a seal from the State Secretary of State in orderto be legalized by the US Department of State and the Embassy or Consulate of thedestination country. Therefore all documents need to be submitted through the Secretary ofState in the US State where the document originates.
Q. Do I need a US Department of State Seal?
A. The seal is needed for all most Non-Hague convention countries. Unless the country wherethe document will be used is a member of the Hague Legalization Convention, most documentsmust have a seal of authentication from the US Department of State and a seal from theappropriate Embassy or Consulate legalizing the document. World Legalization will processthe authentication and legalization for you.
Q. Is the US a member of the Hague Legalization Convention?
A. The United States has been part of the 1961 Hague Convention abolishing the Requirementof Legalization for Foreign Public Documents since October 15, .
Q. What kind of documents can be authenticated/legalized?
A. Commercial Documents/ Shipping Documents
Business/Corporate Documents
Personal & Legal Documents
Federal Documents.
Educational Documents
Q. What countries do you provide Apostille, Authentication, and Legalization services?
A. We handle all Hague and Non-Hague convention countries. Please contact us if you do notsee your country.
Q. What type of documents preparation does World Legalization handle?
A. We do preparation for many documents and here are some of these documents:
Commercial Documents:
1. Commercial Invoice
2. Pro Forma Invoice
3. Packing Slip
4. Packing List
5. Certificate of Origin
6. Power of Attorney
7. Certificate ofConformity
8. Certificate of Weight
9. Market PriceCertificates
Corporate Documents:
1. Power of Attorney
2. Letter of Intent
3. Confidentiality
Agreements
4. Corporate Resolution
5. Bylaws
6. Bill of Sale
Personal Documents:
1. Power of Attorney
2. Affidavit
3. Bill of SaleQ. Does World Legalization provide translation of document?
A. Yes, World Legalization provides Certified and non-certified translation for mostlanguages. Please contact us for prices and lead times.
Q. What shipping carriers does World Legalization use?
A. We use FedEx and DHL mainly, but clients can send us their documents using any of thesecarriers, UPS, and USPS.
Q. Does World Legalization offers special rates for shipping documents domestic andinternationally.
A. Yes, World Legalization offers great rates for shipping documents domestic andinternationally. We use FedEx & DHL. We offer great discounts. Please check our rates orcall for specific shipment.
Q. What payment methods does World Legalization accept for your services?
A. World Legalization accepts the following means of payments.
Visa, MasterCard, American Express cards, Discover cards, Money Order, Cashier’s Checks,Company Check & Personal Checks ( we have the right to delay the process of documents untilall checks clear payment ). Wire Transfer. Western Union. We accept also PayPal.
Q. Does World Legalization handle authentication of documents for someone who is locatedoutside the United Stets of America.
A. Yes, you can send us your documents via any of the major carriers or we can send you ashipping label to ship your documents. Our rates could save you an abundant of money.
Q. How long does World Legalization take to process my documents and have themauthenticated?
A. Processing time of documents will depend on the documents type and theauthentication/certification request type. Our website will soon have an approximate timefor most documents processing times. Please email us or call us to check on the length of timewill take to process your documents.