Ultimate Guide To Notary, Apostille & Consularization Essentials For Documents To Be Submitted In India

WHY NOTARY, APOSTILLE, AND CONSULARIZATION ARE MANDATORY?

Foreign bodies, corporations, and individuals typically need to have their documents notarized, apostilled, or consularized when submitting them in India to ensure their authenticity and legality under Indian law. Notarization confirms the validity of signatures, apostilles authenticate the origin of public documents according to the Hague Apostille Convention of which India is a member, simplifying cross-border recognition. At the same time,consularization provides further authentication through the embassy or consulate for documents from countries not party to the Hague Apostille Convention or requiring additional verification. These processes collectively ensure compliance with Indian legal requirements and international standards for document submission.

TO WHOM NOTARY, APOSTILLE, AND CONSULARIZATION IS MANDATORY?

Notary, apostille, and consularization are mandatory for foreign individuals, entities, and corporations when submitting documents in India, especially if the papers originate from abroad.

WHICH DOCUMENTS NEED NOTARY, APOSTILLE AND CONSULARIZATION?

1. Legal documents
2. Personal documents
3. Official government documents, etc

WHAT IS NOTARY, APOSTILLE, AND CONSULARIZATION?

1) NOTARY: Notarization involves having a document certified by a notary public, ora legally authorized official who verifies the authenticity of signatures and the validity of the document. Notary services are typically provided by qualified individuals known as notaries public or lawyers in certain countries, whom the government authorizes to verify and certify documents.

2) APOSTILLE: An apostille is an official certification that verifies the authenticity of a public document’s origin. It is issued by a designated authority in the country where the document was issued, simplifying the process of cross-border document recognition among countries that are parties to the Hague Apostille Convention. Apostille certification is usually carried out by designated authorities within the country where the document was issued. Each member country of the Hague Apostille Convention designates competent authorities responsible for issuing apostilles.

3) CONSULARIZATION: Consularization involves authenticating a document by the consulate or embassy of the country where it is to be used. This process provides an additional layer of authentication beyond a postillation. It is often required for documents originating from countries not party to the Hague Apostille Convention or needing further verification. Consularization is performed by consulates or embassies of the country where the document is intended to be used. Consular officers authenticate the document to confirm its validity and legality for use in their jurisdiction.

INDIAN LAW ON NOTARY, APOSTILLE AND CONSULARIZE:

EXEMPTIONS FROM NOTARY, APOSTILLE AND CONSULARIZE:

If a foreign national residing outside India is visiting India on a specific class of visa, he/she shall be exempted from foreign attestations.

Exemption- For this clause, it is hereby clarified that in the case of a Person of Indian Origin or Overseas Citizen of India, the requirement of a specific class of visa shall not be applicable.

CONCLUSION:

When legalizing documents for international use, understanding the roles of notary, apostille, and Consularize services is key, as these processes involve the majority of time and cost consumption. A notary public verifies the identity of the person signing a document, ensuring its authenticity. An apostille / Consularize, on the other hand, is a special seal used to certify that a document is a true copy of the original, making it recognized internationally. This process, involving both notarization and apostille / consularisation, is vital for the global acceptance of various documents.

ANNEXURE A

ANNEXURE B

LIST OF HAGUE APOSTILLE CONVENTION COUNTRIES