Apostille And Attestation Are Not the Same Thing!

When it comes to doing business or traveling abroad, there are a lot of legal procedures and requirements that you need to fulfill. One such requirement is the authentication of documents through Apostille or Attestation. People often use both these terms - Apostille Attestation, interchangeably, but they are not the same thing. In this article, we will explain the differences between the two and why it is important to know the distinction.

What is Apostille?

Apostille is a legal process to verify the authenticity of public documents. This process is governed by the Hague Convention of 1961, which simplifies the process of legalizing documents for use in foreign countries. An Apostille is an official certificate that confirms the validity of a document.

The purpose of an Apostille is to provide assurance that the public document present is authentic and legally binding. This certificate does not authenticate the contents of the document, but it verifies the authenticity of the signature of the person who signed the document. This process generally authenticates Apostille Documents such as birth certificates, marriage certificates, academic transcripts, and other public documents.

To obtain an Apostille in Maryland, the document must first be notarized by a public notary. The notary will then send the document to the relevant government department for further processing. The process of obtaining an Apostille can take a few days to a few weeks. It all depends on the country where the document is being Apostilled.

What is Attestation?

Attestation is a legal process that verifies the authenticity of private documents. This process is not governed by the Hague Convention. Many countries that are not even signatories to the convention recognize this process. Attestation is a certification process that authenticates documents such as commercial documents, business contracts, and other private documents.

To get a document Attested, a public notary notarizes that particular document. Once the notarization is done, the notary then forwards the document to the appropriate government department for further authentication. The Attestation process can take longer than obtaining an Apostille, depending on the country that will process the document.

Comparison between Apostille and Attestation

Apostille and Attestation differ in several aspects, including the type of documents they authenticate, legal validity, jurisdictional variations, time and cost requirements, and the scope of their application. The key differences for Apostille Attestation are as follows:

Nature of Documents:

Apostille authenticates public documents, while Attestation authenticates private documents. Public Apostille Documents include birth certificates, marriage certificates, academic transcripts, and other government-issued certificates. Private Attestation documents include business contracts, powers of attorney, and other commercial documents.

Legal Validity:

Apostille is recognized in countries that are signatories to the Hague Convention, while Attestation is recognized in countries that are not signatories to the convention. This means that an Apostille may not be recognized in countries that are not signatories to the Hague Convention.

Jurisdictional Differences:

Apostille is recognized by all member countries of the Hague Convention, while Attestation is recognized only by the countries where the document has been Attested. This means that Attestation is necessary for documents that are being presented in countries that are not signatories to the Hague Convention.

Time and Cost Involved:

The process of obtaining an Apostille is typically faster and less expensive than obtaining Attestation. However, this may vary depending on the country that will use these documents. For example, if you wish to obtain an Apostille in Maryland, all you have to do is delegate your work to seasoned professionals at Washington Consular Services. It’ll save you both time and money.

Scope of Use:

Apostille primarily authenticates the public documents that serve legal purposes in foreign countries. Attestation, on the other hand, authenticates a broader range of documents, including commercial documents, private contracts, and other non-governmental documents.

Why is it important to know the difference between Apostille and Attestation?

Knowing the difference between Apostille and Attestation is important if you are planning to do business or travel abroad. It is important to understand that Apostille Documents, which include public documents will need an Apostille. Whereas, private documents would need an attestation for authentication and legal binding. Failure to obtain the correct authentication could result in the rejection of non-authorization of your document.

It is also important to note that the rules governing Apostille Attestation can vary from country to country. Some countries may require additional steps or documentation before completing the process. Therefore, it is important to do your research and understand the requirements of the country where your document is available for use.

Conclusion

Apostille and Attestation are legal processes that authenticate public and private documents for use in foreign countries. While they serve similar purposes, they have important differences in terms of the nature of documents, legal validity, and jurisdictional differences. Understanding these differences can help you avoid mistakes. And if you’re looking to authenticate your documents in Maryland, you must initiate the process of obtaining Apostille in Maryland. For a seamless and hassle-free document authentication process, Washington Consular Services is the best firm to turn to. With our expertise and experience, we ensure a smooth and efficient authentication of your documents, eliminating any potential delays.