The Hague Convention Abolishing the Requirement for Legalisation for Foreign Public Documents, the Apostille convention, or the Apostille treaty is a global treaty drafted by the Hague Conference on Private International Law. It stipulates the modalities through which a file issued in among the nations that are signatory can be certified for legal purposes in the rest of the signatory states. This type of certification is called an apostille (French: certification). It’s a worldwide certificate comparable to a notarisation in national law, and usually supplements a local notarisation of the file.

Apostilles are affixed by Competent Authorities designated by the government of a state which is party to the convention. A listing of these authorities is maintained by the Hague Conference on Private International Law. Examples of designated authorities are embassies, ministries, courts or (local) governments. In the USA, for instance, the Secretary of State of each state and her or his deputies are usually capable authorities. In Milton Keynes, the Foreign and Commonwealth Office issues all apostilles in Great Britain.

To be entitled to an apostille, a document must be issued or certified by an officer recognised by the authority that will issue the apostille. In the US state of Vermont, for instance, the Secretary of State maintains specimen signatures of all notaries public, so documents that have been notarised are not ineligible for apostilles. Moreover, courts in the Netherlands are eligible of placing an apostille on all municipal civil status files directly. In some instances, intermediate certifications may be required in the state before it’ll be entitled to an apostille where the document originates. For example, in Nyc, the Office of Vital Records (which issues, among other things, birth certificates) is not directly recognised by the New York Secretary of State. As a consequence, the County Clerk of New York County must certifies the signature of the City Clerk to make the birth certificate qualified for an apostille. In India the apostille certification can be obtained from the Ministry of External Affairs.

Legalization

States that haven’t signed the Convention must define foreign legal documents can be certified for its use. Two nations may have a special convention on the recognition of the public records of each other, but in practice this is not frequent. The record must be certified by the international ministry of the authorities where the document will be used and by the international ministry of the country where the document originated; among the certifications will frequently be performed at an embassy or consulate. In practice this means the file must be certified before it can have legal effect in the receiving nation. As a non-signatory, for example, the Deputy Minister of Foreign Affairs in Ottawa or by a Canadian consular official must abroad certifies Canadian records for use abroad and afterwards by consulate or the relevant government office of the receiving state.

Apostille vs. Legalization

An Apostille of the Hague issued by the State of Alabama

As a non-signatory, Canadian documents for use abroad must be certified twice: at the Canadian Ministry of Foreign Affairs and afterwards by the consulate of the receiving state (in this case, the Netherlands)

States parties

The convention is in force for all members of the European Union and 10 although all members of the Hague Conference on Private International Law.

When you have a document notarized in preparation for its use in China, after the document has been notarised it needs to go through a process of authentication with the Australian Department of Foreign Affairs and Trade and then the Chinese Consulate. We can arrange for the completion of this process.

China has a set of consular practices which are specific to it and part of this practice is that many elements of the requirements of the Chinese legal system can be met by the issuing of a notarial act which is authenticated by the Department of Foreign Affairs in Australia and the local Chinese Consulate to the state office of DFAT which authenticated the document rather than the Embassy in Canberra which is not in a position to authenticate the document.

Documents to be used in the Hong Kong or Macao SAR need no authentication from Chinese Embassy or Consulates General if they have been authenticated by Departments of Foreign Affairs and Trade or its Office in States or Territories. You also need to submit the authentication application form for authentication at the Chinese embassy along with a copy of the passport and agent’s authority letter if required.

Authentication fees from Chinese Consulate:

1) Regular: 4-working day pickup
Civil (including adoptions) A$30 Commercial A$60 Property Transaction A$60
2) Urgent: second working day pickup: additional A$50.
3) Express: third working day pickup: additional A$30.

Location of Chinese Consulate in Sydney:

39 Dunblane Street
Camperdown NSW 2050
Australia
Tel: +61 2 85958002
Fax: +61 2 85958001

Indian Consulate and the Attestation of Documents

Because of the requires of the International Convention on the legalisation of documents, when you submit a document that has been notarised in preparation for use in India, you need to have an apostille attached to the document by the Australia Department of Foreign Affairs and Trade and then the signature of the delegate of the department must be authenticated by the Indian Consulate.

Requirements

The consulate requires that you fill in a ‘Miscellaneous Services Form” and provide a Self Addressed Express Post/ Registered Post/ Platinum Express Envelope with your application if you want the documents to be returned to you through the post.

Fees

The consulate charges fees based on a prescribed schedule

Location of the Consul General of India in Sydney

3/109 Pitt St, Sydney NSW 2000
(02) 9223 2702

Because of the operation of the International Convention on the legalisation of documents, for many countries, when a document has been notarised it will need to be authenticated or have an apostille attached by the Australian Department of Foreign Affairs and Trade (DFAT). DFAT has a number of offices around the country which provide notarial services for documents headed for an overseas jurisdiction. We can also arrange for your documents to be sent to the DFAT offices once they have been notarised.

DFAT Offices

Sydney Office

Sydney Passport Office
Level 7, 26 Lee Street
Sydney NSW 2000
Tel: (02) 9207 6904
Fax: (02) 9207 690
Email: sypt_authentications@dfat.gov.au
Website: www.dfat.gov.au/sydney/

Melbourne Office

Level 14, Casselden Place
2 Lonsdale St (corner Spring St)
Melbourne VIC 3001
Tel: 03 9221 5555
Fax: 03 9221 5455
Website: www.victoria.dfat.gov.au/

Hobart Office

Level 1
111 Macquarie St
Hobart TAS 7000
Tel: 03 6238 4099
Fax: 03 6238 4024
Website: www.dfat.gov.au/hobart/

Adelaide Office

5th Floor, MTAA Super House
55 Currie St
Adelaide SA 5000
Tel: 08 8403 48999
Fax: 08 8403 4873
Website: www.dfat.gov.au/adelaide/

Perth Office

Level 17, Exchange Plaza
Sherwood Court
WA 6001
Tel: 08 9231 4499
Fax: 08 9221 2827
Website: www.wa.dfat.gov.au

Canberra Office

R G Casey Building
John McEwen Crescent
Barton ACT
Tel: 02 6261 1111
Fax: 02 6261 3111
Website: www.dfat.gov.au/contacts.html

Brisbane Office

16th Floor, Zurich Building
150 Charlotte Street (opposite Queensland Health)
Brisbane QLD 4000
Tel: 07 3405 4799 (voicemail)
Fax: 07 3405 4714
Website: www.dfat.gov.au/Brisbane/

Darwin Office

5th Floor, Northern Territory House
22 Mitchell St
Darwin NT 0800
Tel: 08 8982 4199
Fax: 08 8982 4155
Website: www.dfat.gov.au/darwin/index.html

Some of the most commonly required documents heading for Korea are a notarised copy of the qualifications a korean student has received from a University in Australia prior to their return to Korea to recommence their life in Korea either to continue their education or begin working life. It is important to realise that in many cases, the qualifications have to be certified by a notary public in Australia before they can be recognised in Korea.

Also, because of the foreign treaty arrangements between Australia and Korean when the document is notarised it needs to then receive what is known as an apostille for the Australian Government department of foreign affairs and trade. After this, the seal of the Australian government is authenticated by the Korean embassy and the document can then be sent to Korea for use as a legally binding document.

It is also possible to arrange for notarisation of documents after a person has been back to their home country although this is obviously more complicated and costly then if the person needing the document is present in Australia. In relation to the other types of documents that may need to be notarised, these can include a wide range of commercial documents, wills, powers of attorney and other documents with may need to be authenticated or where a notary has to witness the signature of the person signing the document. If this is the case, it is important to check exactly what the requirement for the signing of the document is.

한국에 대한 문서에 대한 공증 서비스

한국 향하고 가장 일반적으로 필요한 서류 중 일부는 한국 학생이 사전 교육을 계속하거나 직장 생활 을 시작 하거나 한국 에서의 생활을 재개 하기 위해 한국 에 그들의 반환 에 호주의 대학에서 받은 자격 의 공증 사본 입니다. 그것은 많은 경우에 , 자격 들이 한국에서 인식 하기 전에 호주에서 공증인 의 인증을 받아야 한다는 것을 깨닫는 것이 중요하다 .

또한 , 때문에 그 다음 외교 통상부 의 호주 정부 부서의방주 로 알려진 받아야하는 문서가 공증 되어 호주 , 한국 의 대외 조약 협정 의 . 이 후, 호주 정부 의 씰 은 한국 대사관 에서 인증 및 문서 는 법적 구속력이있는 문서 로 사용하기 위해 한국에 보낼 수 있습니다.

문서 를 필요로하는 사람이 호주 에있는 경우 이 다음 분명히 더 복잡하고 비용이 많이 드는 있지만 사람이 다시 본국 으로 된 후 이 문서 의 notarisation 를 준비 하는 것도 가능하다. 공증 해야 할 수 있습니다 문서의 다른 유형 과 관련하여 , 이러한 인증 또는 공증인 이의 서명 을 목격 하는 곳을 해야 할 수도 있습니다 상업 서류 의 넓은 범위 의 뜻 을 가진 변호사 및 기타 문서 의 권한을 포함 할 수 있습니다 문서에 서명하는 사람. 이 경우 , 그것은문서의서명 에 대한 요구 가 정확히 확인하는 것이 중요 하다 .

There are are a number of documents that may require notarisation prior to use in Japan. If you have a document where it has been requested that notarisation occur, you should be careful to ensure that you establish with as much clarity the exact requirements for the notarisation. In some cases, it will require that a document be copied and the copy is certified. In other cases it may require that the document is signed before a notary public or that the notary public authenticates the document or witnesses the signature of the document. Some of the documents which commonly require notarisation are:

– Wills
– Probate Documents
– Commercial Contracts
– Financial Statements
– Letters of Comfort
– Single Status Certificate
– Police or Criminal Record
– Copies of Passports

In many cases, where a document has been produced in Australia and requires notarisation it will also need to be translated. We can assist you to find an appropriate Japanese translator if necessary. If you have any of the documents above where it has been requested that you obtain a notarisation for the document, we are very happy to assist you with obtain the notarisation.

日本国内で使用する場合は公証を必要とする書類

日本国内で使用する前に公証を必要とするかもしれない文書の数があります。あなたはそれが公証が発生していることを要求された文書がある場合は、あなたが同じくらい明確に公証のための正確な要件を確立することを保証するために注意する必要があります。ある場合には、文書がコピーされ、コピーが認証されることを必要とする。他の例では、文書が公証人の前または公証人が文書や証人の文書の署名を認証することに署名していることが必要な場合があります。一般的に公証を必要とする文書の一部を以下に示します。

– ウィルズ
– 遺言検認ドキュメント
– 商業契約
– 財務諸表
– コンフォートの手紙
– 単一のステータスの証明書
– 警察や犯罪歴
– パスポートのコピー

文書は、オーストラリアで生産され、公証を必要とされている多くの場合、それはまた、翻訳する必要があります。私たちは、必要に応じて適切な日本語翻訳者を見つけることを支援することができます。あなたはそれがあなたがドキュメントの公証を取得することを要求された上記の書類のいずれかを持っている場合は、公証を取得を支援するために非常に満足しています。

What is a ship’s protest?

A ships protest, also known as a sea protest, is a document that is notarized and contains a statement from the captain of the ship regarding the conditions or events experienced during the voyage. The purpose of the creation of a ship’s protest is to prevent the owner or the operator of the vessel from facing liability for the damage incurred in rough seas to the cargo of the ship or from the liability for damage to other vessels if there was a collision at sea.

The reason that it is important to make a ship’s protest is that at later stage in court it may be denied the opportunity of having the ship’s log admitted into evidence if there is not a ships protest supporting the events on record. Also, if the full extent of damage only becomes apparent at some later stage, the captain can then extend the ships’s protest by attending the office of the notary to explain in further detail what has occurred.

Also, the existence of a ships protest can assist with the process of claiming against the insurance for the vessel in a collision or for the cargo as maritime insurance companies will often request some further form of documentation than the say so of the crew or captain before allowing a claim against an insurance policy in the event of the loss of cargo from a ship or the collision between two ships.

How can a notary public assist?

The most common way for a notary to assist in the situation where there has been a loss of cargo or a collision between two ships is that the notary can meet with the captain of the ship to take the ship’s protest down immediately. It is advisable that this be done as soon as the captain enters port as the reliability of the ships protest document may be considered to be reduced as more time passes since the incident of bad weather or a shipping collision occurs. If you need a notary for this type of service, please do not hesitate to contact us using the contact form at the top right of this page.

The process for notarising documents for use in India is that the notarial act is performed after which the document is sent to the Department of Foreign Affairs and Trade for the affixation of an Apostille. This is because India is a signatory to the international convention on the legalisation of foreign documents. Usually, the requirements of the foreign authority in India do require the services of a notary public rather than an ordinary lawyer or justice of the peace. Some of the common documents which need notarisation for use in India include:

Statutory Declarations
Affidavits for court proceedings
Power of Attorney
Overseas Citizen of India
Non-Resident Indian
Person of Indian Origin
Passport Renewal forms
Deceased Estates

Before you come to see us, please check with the authority in India to clarify exactly what it is that that they are looking for. This can save considerable delay and expense in processing of the document by ensuring that it is done correctly the first time. There are a range of possible requirements for the document which could include:

Notarisation of the documents
Notarial Certification
Stamping by the Indian Consulate
Affixation of an Apostille by DFAT

Some of the other things that we can help you with as an Indian citizen include:

Verifying an Indian Drivers Licence – in order to apply for an Australian Driver’s License.
Providing A Notarial Certificate of Identification under the Indian Driver’s Licence Verification Checklist
Verifying your Australian Educations Educational Qualifications
Verifying an Affidavit for Indian Court Proceedings
Verification of Documents relating to Divorce Proceedings

If you have a lawyer in India that requires notarisation, you will need very clear and specific instructions from that lawyer on the necessary steps to be taken for signing and notarisation including seeking guidance from the Indian Consulate in Sydney. Some of the other common type of documents that we find Indian people living in Australia come in need of are General Powers of Attorney which we can notarize so that they may be recognised in India. To be sure that your document will be d by the requesting authority in India it is necessary to ask if there is a requirement that it be seen and/or stamped by the Indian Consulate.

Because of the increasing trade between Australia and the People’s Republic of China, there is a growing need for the international certification of documents for use overseas in the People’s Republic of China. China is the most populous nation on earth and for years has seen double digit economic growth which has meant the establishment of substantial commercial and political links between Australia and China.

There are a range of documents which are used in the People’s Republic of China, Hong Kong and Kowloon which can have a requirement for notarisation. If you are located in New South Wales and you need to have any of the following documents for use in China notarised so that they can be used there, we can assist with this process.

Certified True Document
Witness Signature
Consent to Travel Passport Application
Permanent Resident Card Application
Statutory Declaration for Passport Application
Affidavit of Marital Status (Non-spouse)
Succession Declaration & Authorization
Succession Right Disclaiming Declaration
Custodianship Declaration
Declaration of Identity
Declaration of Birth
Power of Attorney
Certified Translation
Affidavit of Financial Support
Letter of Invitation for Temporary Resident Visa

There are a number of other different types of documents which might need to be used in China that require notarisation for tax purposes, in relation to the marriage or divorce or regarding inheritance and succession. We can also provide translation services if necessary. We have staff that are native speakers of Mandarin and can assist with the process. Please see the pricing part of this site for pricing of notarial services. We have established relationships with the local chinese consulate in Sydney Australia which can assist with the expedited processing of applications like this. As many solicitors are aware, it is necessary to get an apostille from the Department of Foreign Affairs and Trade for documents being transmitted to China because China is a signatory to the Convention abolishing the requirement of legalisation for foreign public documents which means that the signature of the notary can simply be authenticated by the Australian Department of Foreing Affairs and Trade.

International domain name transfers are often highly complicated but necessary elements of the contemporary commercial environment. So much of business is now dependent upon the online image and reputation of the business, a large part of which is determined by the domain name that is owned and operated by the business. For this reason, it is often necessary for the longevity of a business to ensure that a domain name is transferred from another party to your business or you may be in a situation where you need to sell or transfer the ownership of a domain name.

Also, the ownership of a domain name is not the same as the ownership of property, shares, cash or other real or personal property. In legal terms, there is a connection between the ownership of a domain name and what is considered the common usage of the name of business for the purposes of the law of trademark. However, the ownership of a domain name in Australia is merely under license from AUDA who are in turn given the authority to issue licenses by the minister for telecommunications under the relevant legislation. Ownership of a domain name is not necessary a legal guarantee that the license cannot be disputed if there is a competing claim to the copyright or trademark in a particular domain name.

Disputes can and regularly do arise in relation to the ownership of a domain name. This is particularly the case where one party has purchased the license to a domain name and another party has an identical or similar business name which it has trademarked. In such cases, the Australian Domain Name Registration Authority has developed a policy of encouraging the arbitration of such disputes in order to resolve the matter without resort to a court. At the end of this type of arbitration process it is often necessary to transfer a domain name.

The role of a notary in relation to the transfer of a domain name is usually to assure the overseas buyer or registration authority of the identity of the vendor through the provision of a notarial certificate as to identity or to witness the signing of transfer documents. If you require notarial services in relation to international legal documents such as domain name transfer please do not hesitate to contact us using the form at the top right of this page.