Apostilles go Digital. Whatever Next!

Shock Horror. Electronic Apostilles (E-Apostilles). No Longer Notarial Fountain Pen And Ink.

I have blogged before to explain the role of the Apostille in the authentication of notarised documents world-wide.

See here and here and here.

Since it was first introduced in 1961, the Apostille has been in physical paper form, attached by glue to the document it relates to.

Now, the United Kingdom Foreign, Commonwealth, and Development Office (FCDO) Legalisation Office, has introduced the electronic Apostille (e-Apostille) after a trial period in 2022.

It says that the traditional paper service “involved a time-consuming and lengthy process”.

Yes, the notarised paper document does have to be physically presented to the FC&DO either directly via postal service or via a third-party agent. But it only takes a couple of days. So, most of the time it consumes is the time of the staff of the Foreign Office.

Anyway – they go on “by introducing the electronic Apostille, the UK has revolutionised the process, making it simpler and more efficient.”

They are taking the credit; I suppose it’s only human. In fact, the initiative was worldwide (as it would need to be since the whole point of the Apostille system is world-wide acceptance of an international standard) and it began in 2006 with the HCCH – which is Hague?Conference on Private International Law –?Conférence de La?Haye de droit international privé.

What this means is that now, your notarised document can be made digitally and signed electronically. More usually, the paper document is completed in the usual way, and then I scan it and digitally sign the scan.

The FCDO electronic apostille can then be applied. This can reduce the three days turnaround to a much shorter time; the best I have achieved so far is within two hours.

There are certainly advantages to this process. The document can be emailed around the world in seconds and the end-users can check it is genuine by simply clicking on it and activating a link to the government website.

If you want one, I can get one. ?

Up to a point

Please note that the FCDO currently cannot accept certain documents for electronic Apostille. This includes birth/death/marriage certificates or Certificates of No Impediment (CNI) issued by the Civil Registry Offices in the UK, as well as UK Criminal Records certificates (ACRO, DBS, Scottish Basic Disclosure, Northern Ireland Basic Disclosure), or fingerprint certificates.

But in particular, do remember, many countries have not yet even adopted the paper Apostille procedure yet – even though it’s been going since 1961.

And other countries have adopted it but still lawyers do not understand it. For example, India joined the Hague Convention of 1961 in 2008 but still lawyers there try to tell their clients that Indian High Commission stamps are essential – just like their fathers taught them – even now sixteen years later.

Therefore, it is very important to check with the requesting party overseas whether the e-Apostille is acceptable or whether they require the paper-based Apostille for the specific purpose needed.

So just because I can get you an e-apostille now, don’t just assume that it will be accepted by the lawyers and tribunals who will be using it in whichever foreign Country you require it.

The countries for which I have obtained e-apostille which have been accepted, so far, are Spain, Germany and Netherlands.

However, this does not mean that every lawyer even in those countries will accept them. Far from it. So, it is essential to check this with the end-user. At present, having a e-apostille may leave you feeling like the first person in the world with a telephone or fax machine. It is no use until it is more widely accepted. But it never will be widely accepted, unless people start using it.

No one can follow, unless there are Pioneers. So here is their song. Link here. (and whether e-apostilles themselves are a long-shot, destined to kick the bucket, time will tell.

Please do contact us whenever you need Notarial certification or Legalisation for your Documents– at?https://www.atkinsonnotary.com?– or phone?? on 0113 816 0116 (internationally 0044 113 8160116)

For emails, here we are at ?[email protected]?and?[email protected].

Please also feel visit our website?www.atkinsonnotary.com