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Difference Entre Legalisation Et Apostille

According to the agreements concluded between the France and the country of destination of the European Union, these documents are exempt from©formalities or must be completed©©©by titleContent. It is now necessary to consider the consequences of non-legalisation/apostille where necessary. In the United Kingdom, the apostille is issued by the British Foreign and Commonwealth Office, also known as the Legalisation Office. This is often one of the main causes of confusion. However, if you intend to present your UK document in a country that is part of the Apostille Convention, the terms apostille and legalisation refer to exactly the same process. The document is legalized by the issuance of the apostille certificate. Do you need a French document that needs to be authenticated for a©foreign© process? For example, a birth certificate for the conclusion of a marriage or a certificate of absence of criminal record to obtain a job? In the European© Union: TitleContent, some public documents are accepted© without certification formalities©. For other documents, or if the document is intended for© another country, there are 3 options©: electroplating©, apostille: title deed or exemption from formalities©. In order to be able to use a document of an administrative nature abroad, it must be the subject of a certified translation. But in some cases, this is not enough. Indeed, other steps, such as apostille or legalization, can complete the legal title of a translation of a public or private act. The stamp of the apostille makes it possible to certify in the Member States the accuracy of a signature, seal or stamp exclusively on public documents, in particular such persons. As with legalization, the elements contained in a document or their accuracy are not taken into account.

The apostille brought to the attention of the State is a free administrative procedure conducted at the Public Prosecutor`s Office of the Court of Appeal of the place of issue of the document in question. For the certification of a French document intended for a foreign authority, the procedure©varies according to© the agreements concluded between the France and the country of destination: ©Galisation, Apostille: TitleContent or exemption from formalities. ©© To find out which procedure©is applicable, the Ministry of Foreign©©Affairs updates a©chapter of the regulations by country. Since both procedures have the same function, the choice between legalization or apostille depends mainly on the type of document to be translated, the country and the administration to which they are addressed. Some actions may be exempt from legalization, while others may be subject to the apostille. All translations must be accompanied by the original documents, which can be legalized even in their country of origin. This can be confusing because different authorities use different terms, which in most cases refer to the same process. We are often asked what the difference is between legalization and apostille. The apostille can be used©for certain documents and in certain countries. This article aims to clarify the similarities and differences between the different confusing terms that are commonly used when you have been asked to present your documents abroad. The Apostille.

is a widely recognized way to achieve this. Quite simply, the apostille is a form of certification issued in one country and recognized in any other country that is also part of the Apostille Convention. The First Civil Chamber of the Court of Cassation confirmed in a judgment No. 70-13577 of 9 November 1971 that the public act, which has not been legalized, is not enforceable against the France. It should be clarified that the absence of legalisation allows the party against whom the enforcement of the act is directed to suspend the execution of that non-legalised act in the context of a dispute. Non-legalisation or apostille entails the rejection of the document by the cadastral authority(19). However, if documents are used in countries that are not part of the Apostille Convention, further legalization steps may be required. In this case, the documents should also be legalized by the respective embassy. For example, a British birth certificate should be legalized to be used in the UAE via the apostille and also through stamping by the embassy. Stamps that send messages to documents are commonly referred to as certification.

Decree©No. 2021-1205 of 17 September 2021 amends the rules relating to the authorization and apostille©of a public act to©be established by the©French authorities. Unlike legalization, it is not necessary to carry out a double formality with the French authorities on the one hand and with the authorities of the State on whose territory the act must have its effect on the other hand. Pursuant to Article 3 of the Hague Convention of 5 October 1961 on the Apostille, the only formality required to certify the accuracy of the signature, the capacity in which the signatory of the document acted and, where appropriate, the identity of the seal or stamp on which that act is affixed is the affixing of the apostille by the competent authority of the State, where the document comes from. We will see successively the ordinary legal regime of legalization, then its simplified version (apostille) (I), its cases of exemption (II) and the effects of the absence of legalization (III). In most cases, the term legalization refers to a document issued with the right stamps or certificates to be recognized in another country. As mentioned above, this is a document issued with an apostille if the document is used in a country that is a party to the Apostille Convention. The apostille is a simplified formality for the legalisation of public documents( 14) which must be submitted in another State established by the Hague Convention of 5 October 1961.

It replaces the legalization of public documents if both states have signed this Convention. It has the same effects as legalization. Reading the above elements, it is understood that, unlike legalization, which can refer to public acts or acts under private signature, the apostille can only be carried out on public documents whose scope is more limited than those subject to legalization. While the use of legalization remains common in many countries and for certain types of documents, other countries have signed international conventions that exempt certain documents submitted to them from legalization or establish the apostille as an alternative procedure for legalization.