Apostille Before or After Translation: How Not to Make a Mistake

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 significantly simplifies the process of document legalization for international use. Instead of complex consular legalization, it is sufficient to affix an apostille to the original document.

This procedure is regulated by the Hague Convention of 1961, to which a significant number of countries are signatories. For countries that are not parties to the convention, the procedure of consular legalization is applied, which is more time-consuming and complex.

An apostille can be affixed to various documents: birth certificates, marriage certificates, death certificates, diplomas, school certificates, powers of attorney, company incorporation documents, etc. It is important to understand that the apostille may be placed on either the original document or a notarized copy, provided this is permitted by the laws of the country where the document was issued and meets the requirements of the destination country.

When to Get an Apostille: Before or After Translation?

This is one of the most common questions that causes a lot of confusion. The correct sequence of actions depends on the country for which the document is intended and the requirements of the institution that will receive it.

In most cases, an apostille is affixed to the original document (or its notarized copy, where permitted) prior to translation. Subsequently, the entire document is translated, including the text of the apostille itself. This procedure is followed because an apostille certifies the authenticity of the signature, seal, and authority of the official who issued the document, rather than the accuracy of its translation.

In some cases, a 'double apostille' procedure is required. This process involves first affixing an apostille to the original document, followed by a notarized translation, and then affixing a second apostille to that translation. This requirement is often encountered when preparing documents for government authorities in certain European countries.

However, there is no universal rule applicable to all countries. In certain instances, competent authorities may require the apostille to be placed on a notarized translation or may demand the signature of a sworn (certified) translator. Such requirements are determined by the legislation of the destination country or the specific rules of the receiving institution; therefore, it is advisable to verify the required procedure in advance before finalizing your documents.

Document Translation: Nuances and Requirements

After the apostille has been affixed, the next step is often document translation. The translation must be performed by a professional translator proficient in both the source and target languages.

Types of Translations:

• Standard Translation: Performed by a translator without notarization. Suitable for informal purposes.
• Notarized Translation: A translation where the translator's signature is certified by a notary. This is the most common type of translation for official documents.
• Sworn Translation: Performed by a sworn translator who has the appropriate qualifications and authorization. Such translations are often required in European Union countries.

It is important to remember that the translator is responsible for the accuracy of the translation. If the apostille is affixed to the translation, the translator must be confident in the authenticity of the original document.

Notarization: When is it Necessary?

Notarization may be required in several cases:

• Certifying a Document Copy: A notary can certify that a copy of a document is identical to the original. This is often needed if the apostille is affixed to a copy.
• Certifying a Translation: As mentioned above, a notary certifies the translator's signature.
• Certifying a Signature: Some documents may require the certification of the authenticity of the signatory's signature.

The notarization procedure is governed by the legislation of each country. For example, in Ukraine, the procedure for performing notarial acts is determined by the Law of Ukraine "On Notaries".

Consular Legalization: An Alternative to Apostille

If the destination country is not a party to the Hague Convention, then the document must undergo consular legalization. This process is significantly more complex and involves sequential certification of the document by the Ministry of Justice, the Ministry of Foreign Affairs, and the consulate of the respective country.

Consular legalization can take from several weeks to several months. It is necessary for countries that do not recognize the apostille, such as some countries in Asia and Africa.

Common Mistakes and How to Avoid Them

The most common mistake is the incorrect sequence of actions: apostilling the translation instead of the original, or vice versa, when not required by the country's regulations. Always clarify the requirements of the institution that will receive the document and the consulate of the respective country.

Another common mistake is using unqualified translators or translations that do not meet standards. This can lead to the rejection of the document.

Recommendations:

• Always start by clarifying the requirements.
• Contact professional translation agencies that have experience with apostilles and document legalization.
• Keep all original documents and their copies.

Proper document processing is key to success in many life situations, from employment to studying abroad.