Notarial Services Babbé LLP Mike Riddiford

Legalisation of Documents

Legalisation of Documents

When formal documents have to be sent abroad, it is often necessary to get them “legalised” in order that they be recognised as legal and authentic in the receiving country.

Legalisation has been defined as:

“The formality by which the diplomatic or consular agents of the country in which [a] document is to be produced certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which it bears.”

Essentially, it confirms the legal authority of the notary public or other public official.

In order to simplify the process, many countries have signed up to the Hague Convention of October 5 1961. This abolished the requirement for consular legalisation of documents which have been executed in the territory of one contracting state for use in another contracting state.

Instead, a document known as an “apostille” is attached to the document, confirming the authority of the notary public who has signed.

In the United Kingdom, the competent authority to issue apostilles is the Foreign, Commonwealth & Development Office.

In Guernsey, apostilles are issued at the Greffe on behalf of His Excellency, the Lieutenant Governor. Their office is open Monday to Friday from 9am to 4pm.

In general, only documents issued by a notary public or some other public official (such as HM Greffier or the Registrar of the Guernsey Registry) can be legalised. Advocates’ signatures alone cannot be legalised.

Loan assignment Guernsey Babbe LLP

The Greffe will charge £45 per document where the turnaround time is 24 hours (ie. next working day), or £90 per document for their same day service.

Please note: The office closes at 4pm and they require a minimum of 15 minutes to process each document.

If the destination country is not a signatory to the Hague Convention consular legalisation will still be necessary. Generally, this means that you must first get your document apostilled in Guernsey (which confirms the authority of the notary) and then the document is sent or delivered to the relevant embassy or consular authority in the UK (usually in London) for further legislation. As each country’s requirements will differ, it is best to consult the relevant embassy’s website, or alternatively employ the services of a company which arranges the legislation of documents.

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Mike Riddiford, Partner Babbé Guernsey

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