How to Get an Apostille on a Notarized Document in Germany

What is an Apostille and Why is it Needed?

An apostille is a special stamp that certifies the authenticity of a signature, seal, and the capacity of the person who signed the document. It is required to ensure that a document issued in one country has legal validity in another country that is a party to the Hague Convention of 1961. Germany is a party to this convention, making document apostillation a common practice.

For Ukrainians planning to work, study, or reside in Germany, apostilled documents are often mandatory. This applies to birth certificates, marriage certificates, divorce decrees, diplomas, school certificates, powers of attorney, company formation documents, and more. Foreign nationals planning to come to Ukraine may also require apostilled documents issued in Germany.

Where to Get an Apostille on a Notarized Document in Germany?

In Germany, specific authorities are empowered to affix apostilles on notarized documents. Depending on the type of document and the federal state, these can include:

• Courts (Gerichte)
• Notaries (Notare)
• Local government authorities (Behörden)

It is important to note that an apostille is only affixed to original documents that have been notarized. This means you must first approach a German notary to have your document authenticated, and then submit it for apostillation.

Procedure for Obtaining an Apostille on a Notarized Document

The process of obtaining an apostille on a notarized document in Germany involves several steps:

1. Notarization of the Document: First, you need to contact a German notary and provide them with the original document requiring authentication. The notary will verify its authenticity and certify your signature or a copy of the document.
2. Identifying the Apostille Authority: After notarization, you need to determine which specific authority in your federal state is responsible for affixing apostilles on notarized documents. This information can usually be found on the official websites of the respective justice ministries of the federal states or by consulting with the notary.
3. Submitting the Application and Documents: Approach the authorized body with a written application for an apostille. Attach the original notarized document and your identification document (passport) to the application.
4. Paying the State Fee: A state fee is charged for affixing the apostille. The amount of the fee may vary depending on the federal state and the type of document. Information regarding the fee amount and payment methods will be provided by the authority where you submit your documents.
5. Receiving the Document with Apostille: After reviewing the documents and confirming payment of the fee, the authority will affix the apostille to your document. Processing times can vary, but typically range from a few days to a few weeks.

Specifics of Apostillation in Germany

It is crucial to remember that an apostille is only affixed to documents that comply with the requirements of the Hague Convention. This means the document must be issued by an official authority and bear a signature, seal, and/or stamp. An apostille cannot be placed on documents issued by consular and diplomatic missions, nor on administrative documents relating to commercial or customs transactions.

Germany has specific procedures for apostilling documents issued by Ukrainian authorities. For such documents, additional legalization might be required if Ukraine is not a party to a relevant international agreement or if the document does not meet German requirements. In such cases, consular legalization may be necessary.

German legislation regarding apostillation is governed by the Apostille Act (Apostlag), which implements the provisions of the Hague Convention. Provisions of the Code of Civil Procedure (Zivilprozessordnung) and other relevant laws also apply.

Document Translation and Notarization

For such a power of attorney to be valid in Ukraine, it must be translated into Ukrainian and notarized in Ukraine. Sworn translations made in Germany do not have legal force in Ukraine.

Notarization of a translation means that a notary confirms that the translation has been completed by a qualified translator and accurately reflects the original document. This is an important step, especially if the document will be used in official institutions.

When is Consular Legalization Needed Instead of an Apostille?

An apostille is only applicable between countries that are parties to the Hague Convention. If a document is issued in Germany and the destination country is not a party to the convention, or if the document does not fall under the convention's scope (e.g., commercial documents), then consular legalization is required to give it legal effect abroad. This process is more complex and time-consuming than apostillation, involving authentication by the Ministry of Justice, the Ministry of Foreign Affairs, and the consulate of the destination country.

Conclusion

Obtaining an apostille on a notarized document in Germany is a crucial step to ensure its legal validity abroad. Understanding the procedure, requirements, and potential nuances will help you navigate this process successfully. If you are unsure about the steps involved, it is always advisable to seek consultation from lawyers or specialized companies offering document legalization services.