Understanding Document Authentication: A Guide to Apostillation, Consularisation, and Notarisation

When dealing with international documents, it’s essential to understand the different authentication processes.

The Ministry of Corporate Affairs (MCA) requires non-resident / foreign individuals, Foreign entities and body corporates to submit documents that are duly Notarized, Apostilled or Consularised. Understanding these authentication processes can help streamline document submission and ensure compliance with Indian regulations.

Here’s a breakdown of Apostille, Consularisation, and Notarisation:

Apostilled Documents

An Apostille is a specialized certificate that authenticates public documents, enabling their recognition and validity across international borders. Issued in accordance with the 1961 Hague Convention Treaty (‘Hague Convention’), an Apostille certifies a document for acceptance by member countries.

As a signatory to the Hague Convention, India recognizes Apostilled documents from other member countries, eliminating the need for additional attestation or legalization. This streamlined process facilitates the use of Apostilled documents in India.

For a comprehensive list of Hague Convention member countries, please refer to https://www.hcch.net/en/states/hcch-members

Consularised Documents

Consularisation of documents is the process of authenticating or verifying documents by the consulate or embassy of a country where said document is to be used. This involves confirming the authenticity and legitimacy of documents to ensure they meet the destination country’s requirements. This requirement typically applies to documents originating from countries that are not signatories to the Hague Convention.

Specifically, if a document is intended for submission in India, it must be consularised by the Indian Embassy before submission.

Note: A document may either be apostilled or consularised. Both authentications may not be required.

Notarised Documents

Notarisation of documents is the process of verifying the authenticity of a document and the identity of the person signing it. A Notary Public, an impartial witness appointed by the government, confirms that the document is genuine and not tampered with, the signer is who they claim to be, and the signer is voluntarily signing the document.

The Notary Public affixes their official seal or stamp and signs the document.

Conclusion

To ensure timely compliance, it is essential to consider the time and cost involved in authenticating documents for submissions with Indian authorities, specifically, documents that often require both Notarisation and Apostillization or Notarisation and Consularisation. Further, it is also important to check the sequence of authentication of documents (Notary is usually done prior to Apostillation / Consularisation). Factoring in the timelines for these processes can help avoid unnecessary delays and ensure seamless submissions.

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Sanmita Poojari

Senior Associate | Compliance | [email protected]

A compliance expert with a strong foundation in corporate legal and secretarial practices. Excels in corporate governance, regulatory filings, and advisory services on legal and financial matters, ensuring seamless corporate law compliance for clients.