Understanding the Importance of Apostille and Legalisation in Today’s Global Business Environment
The Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents (the “Apostille Convention”) was ratified by Singapore on 18 January 2021. Accordingly, Singapore officially joined the Apostille Convention on 16 September 2021. Singapore’s designated authority to grant apostilles under the Apostille Convention is the Singapore Academy of Law (“SAL”).
What Is the Apostille Convention?
With the enactment of the Apostille Act 2020 by the Singaporean Parliament on 16 September 2021, the Apostille Convention became legally binding in Singapore. The legalization requirement for public papers produced by the Singaporean government is now waived. Contracting parties must accept apostilles issued by Singapore’s recognized competent body, the Singapore Academy of Law (SAL). This development will simplify the process of legalizing and authenticating public documents. The Apostille Convention stipulates that Singapore authorities shall accept apostilles in place of legalization for incoming foreign public papers from contractual parties.
The Apostille Convention today includes 90 full members, including Singapore, in addition to 65 other related parties that, while not full members of the Convention, have ratified one or more of the applicable Hague agreements.
What Is an Apostille?
The Apostille Convention abolished the former necessity of legalization when using papers in another contractual party. According to the Apostille Convention, a body is designated in each contracting state to provide certificates attesting to the provenance of papers created in that state. “Apostilles” are the names given to the documents. The contracting parties regard the apostilles as evidence and confirmation of the document’s originality. Therefore, when utilized by a contractual party after being apostilled, the record has the same effect as being “legalized.” Furthermore, the apostille is issued through a straightforward process that is more efficient than the previous “legalization” procedure.
By issuing a single apostille certificate via a qualified authority in the country where the document originated, member countries of the Apostille Convention can authenticate a public document according to a predetermined protocol. By eliminating further certification or legalization at an embassy or consulate of the foreign/destination country, this one-step procedure cuts down on time and expenses for cross-border usage of public documents. In a member state of the Convention, documents that have been apostilled are frequently required to do business, open a bank account, and complete other legal or business activities.
Expanding a firm internationally offers additional options for income and expansion. However, the requirement for the firm to validate and authenticate specific papers, such as the articles of incorporation, in order to undertake any activities, such as opening a bank account, is one of the numerous difficulties of conducting business globally. For this purpose, it is essential to have an Apostille Stamp or Apostille Certificate.
Difference Between Apostille and Authentication
Even while these documents could be accepted and legitimate in the United States, other countries have their requirements for how firms must verify the legitimacy of their corporate records.
It’s a lengthy procedure that requires getting the document authenticated by several officials in both the nation where it was granted and the nation where it will be used, such as an embassy or consulate.
A corporation must comprehend the proper procedure for authenticating relevant papers as you seek compliance with this document certification method. Apostille and authentication are the two methods available to do this.
Process of Apostille in Singapore
A party may submit public papers—documents issued by the government such as marriage certificates, birth certificates, and court documents—to SAL, which will then apostille them. The general public may submit an online request to SAL for this service.
Before submitting a private document to the SAL, which will subsequently apostille it, it must first be signed and notarised by a Notary Public.
Parties wanting to utilize papers completed in Singapore in other countries that are signatories to the Apostille Convention no longer need to go through the extra step of having the documents legalized at the consulate of the other nation.
What Is a Document of Authentication?
An entity must adhere to an authentication procedure to validate corporate papers if it plans to establish a commercial presence in a nation that is not a party to The Hague Convention.
Are Apostille and Authentication Interchangeable?
The proper procedure must be followed since authentication and apostille are not interchangeable. Furthermore, making the incorrect decision might cause a foreign government to reject a document.
For instance, The Hague Convention does not apply since Canada, a significant commercial partner of the United States, is not a party to it. An Apostille will be refused and rendered useless if it is unintentionally submitted for authentication in Canada. Before resubmitting to a Canadian embassy or consulate, a company must have a clean copy.
When a document is authenticated, it must first be notarised (a sealed certificate confirming the legitimacy of a public official, often a notary public). Then it must be inspected by state or local officials before being approved by State Department representatives.
After securing an authentication, a firm must next apply for certification in the foreign jurisdiction. This “legalization” procedure occurs at the nation’s embassy or consulate in the United States.
Why Bother Getting Documents Apostilled or Authenticated?
Quite simply, getting documents apostilled verifies the origins of the paper. Therefore, to prevent questions on your document’s authenticity or roots in international matters, you need to get the documents apostilled.
There is a comparison of the apostille process with standard authentication procedures. In the typical legalization chain, the document is first authenticated by a Civil registry in the state of origin. Then, it is certified a second time by the Justice Ministry of the State of Origin. After that, it is authenticated for a third and fourth time by the foreign ministry and the consulate of the State of Destination located in the State of Origin. This usually is where the process ends, but in some states, it is required that the foreign ministry of the state of destination also authenticates the document.
After all this, you get a public document ready to be produced in the destination State.
How to Get Documents Apostilled or Authenticated?
Understanding the nation’s requirements into which you are expanding is crucial since apostilles and authentication procedures necessitate in-person visits to consulates and embassies and take time (processing timeframes, in some cases, might take several weeks).
It is a time-consuming exercise of diligence. For instance, no reproductions are permitted; all documents must be entire and genuine. Any additional papers or annex references must be sent as an attachment for evaluation. The foreign authority may also demand a sworn translator or a legalized translation if a document has to be translated. There is a lot to double-check.
Additionally, businesses need to be ready to hand up documents to an unidentified entity for an extended period of time. Therefore, careful preparation must be taken into account to prevent the loss of control over these papers from influencing other aspects of the organization.
If a business uses papers from one non-U.S. nation in another non-U.S. country, it must likewise use due diligence. For instance, the Chinese embassy in India once demanded the genuine passport of the signor and forced a company owner to use a specific kind of paper. In addition, some people could need a driver’s license as identification.
In addition, no notary is the same. The role of notaries varies from nation to nation, and any complexities this may bring to the authentication and apostille procedure should be considered.
These can seem like inconsequential minutiae, yet every nation has particular standards. A global project might be delayed if even one step or condition is overlooked.
Benefits of Singapore's Adoption of the Apostille Convention
Singapore adopted the Apostille Convention because parties can save time and money, and document uses across borders are made more accessible. Parties can be confident that papers can be utilized in other member states after being correctly apostilled. It also eliminates the requirement and demand for various local procedures that add to the bureaucratic overhead of a company, thereby increasing the ease of doing business in Singapore. In the days to come, the apostille procedure is expected to contribute significantly to helping smaller enterprises from wealthier nations to expand in the Asia Pacific region,
Conclusion
The Apostille Convention was adopted to reduce international red tape and unnecessary bureaucracy. Singapore, in its role as the world’s business efficiency hub, is aligned with the goals of the Convention. As such, its adoption of the Convention only bolsters its image as a paradise for all sorts of businesses.
