THE APOSTILLE (a-pos-TÍL)

Legal documents, such as powers of attorney, affidavits, birth, death and marriages records, incorporation papers, deeds, patent applications, and other papers issued outside of México must be "authenticated" or "legalized" before they can be recognized as valid in this country.

The Hague Convention, concluded October 5^th., 1961,  made this process easier by establishing guidelines that the signatory countries must follow in order to accomplish the authentication or legalization of documents.  

Between México and the U.S. an Apostille certificate is all that is required in most cases. Remember that the Apostille does not certify the veracity of what is contained in the document but only that the person or people signing it are actually who they claim to be. For example, if the Office of Vital Statistics´ clerk in San Diego California issues a death certificate, the Apostille will certify  that said office is in fact the designated entity to issue the record and that the person signing the document is legally authorized to do so.

The Secretary of State of each U.S. State is the authorized party to issue Apostilles, but each State can designate by reference to their official function, the authorities who are competent to issue the certificate.

A list of all U.S. States, addresses and telephone information is available at the Vallarta U.S. Consular office or clicking here.

The Hague Convention shall apply to public documents executed in one of the signatory countries and which have to be used in the territory of another Contracting State.

Article 1 of the Convention describes public documents as those:

a) Documents emanating from an authority or an official connected with the courts or tribunals of the State, including those emanating from a public prosecutor, a clerk of a court or a process-server ("huissier de justice");

b) Administrative documents;

c) Notarial acts;

d) Official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures.

  And the exceptions are:

a) Documents executed by diplomatic or consular agents;

b) Administrative documents dealing directly with commercial or customs operations.

The basic text of an Apostille is:

The Convention is in force in the following countries:

Mexico.

Andorra, Angola, Anguilla, Antigua and Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Bahamas, Barbados, Belarus, Belgium, Belize, Bermuda, Bosnia-Herzegovina, Botswana, British Antarctic, Territory, British Virgin Islands, Brunei, Cayman Islands, Comoros Islands (Formerly Moroni), Croatia, Cyprus, Djibouti, (Formerly Affars And Issas), Dominica, El Salvador, Falkland Islands, Fiji, Finland, France, French Guiana, French, Polynesia, Guadeloupe, Germany, Gibraltar, Greece, Grenada, Guernsey (Bailiwick Of), Hong Kong, Hungary, Isle Of Man, Israel, Italy, Japan, Jersey (Bailiwick Of), Kiribati (Formerly Gilbert Islands), Latvia, Lesotho, Liechtenstein, Luxembourg, Macao, Macedonia, Malawi, Malta, Marshall Islands, Martinique, Mauritius, Montserrat, Mozambique, Netherlands, Netherlands Antilles (Curacao, Bonaire, St. Martin, St. Eustatius And Saba), New Caledonia, Norway, Panama, Portugal, Reunion, Russian Federation, St. Christopher (Kitts) And Nevis, St. Georgia And South Sandwich Islands, St. Helena, St. Lucia, St. Pierre And Miquelon, St. Vincent And The Grenadines, San Marino, Seychelles, Slovenia, Solomon Islands (Formerly British Solomon Islands), South Africa, Spain, Suriname, Swaziland, Switzerland, Tonga, Turkey, Turks And Caicos, Tuvalu (Formerly Ellice Islands), United Kingdom, United States, Vanuatu (Formerly New Hebrides), Wallis And Futuna.

Notice that Canada did not sign the convention and therefore Canadian documents must go to a Mexican Consulate to authenticate and legalize documents.

Where an Apostille certificate ranges from $5.00 U.S. to $20.00 U.S. a Certification in Canada will cost you up to $120.00 or more U.S. dollars.

Some data in this document were obtained from the Hague convention Act and the U.S. Secretary of State web-page.  

Article written November 2001.

ALEJANDRO NIÑO MERINO