Documents that have been issued and legally binding on the territory of a country may be used on the territory of another country after they have been properly drawn up. Currently, there are two types of such issuance:
- Apostille issuance;
- Consular legalization.
The Apostille is a procedure affirming the authenticity of the signature of the person who signed the official document, the authority of that person, as well as the authenticity of a seal or stamp in the official document. The apostille may be given to the original or to a notarized copy or translation of the document. Documents drawn up by diplomatic and consular agents, administrative documents directly related to customs and commercial operations shall not be apostilized.
Consular legalization consists of determining and certifying the authenticity of signatures on documents and acts and the compliance of these documents and acts with the laws of the receiving State.
- What is the difference between Apostille and legalization?
Legalization requires the approval of several institutions as a longer-term procedure. However, the issuance of an Apostille is a one-step procedure for the approval of the document by only one body. In general, the following documents are apostilized:
- documents issued by government agencies
- court documents;
- notarized documents (including notarized copies or translations of documents issued by a legal entity; documents signed by an individual, if his signature is notarized).
- Which state authorities issue the Apostilles?
Issuance of the Apostille is exercised by the competent authorities established by the State. In Azerbaijan The Ministry of Justice and the Ministry of Foreign Affairs have been designated as the competent authority to issue Apostilles.
For the following documents the Apostilles are issued by the Ministry of Justice:
- documents issued by courts;
- documents of prosecutor’s offices;
- documents of judicial authorities;
- notarized documents;
- documents on state registration of civil status acts.
The other official documents are apostilized by the Ministry of Foreign Affairs of the Republic of Azerbaijan.
- Which documents are needed to be submitted for the issuance of Apostille?
The following documents should be submitted for the issuance of Apostille to the official documents:
- petition of the person applying for the issuance of the Apostille;
- original and copy of the official document submitted for the issuance of the Apostille;
- original and copy of the identification document of the person submitting the official document;
- original and copy of the document confirming the close relationship, when the official document is presented;
- original and copy of the power of attorney or letter of request, if the official document is presented based on the power of attorney or letters of request from institutions;
- Receipt on payment of state fee.
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