An authority abroad cannot tell whether a Slovak or Czech stamp is genuine. That is why public documents meant for use abroad are authenticated. There are two routes: the simpler apostille and the longer chain of legalisation. Which applies depends on whether the country of destination is a party to the 1961 Hague Convention.
In brief
- An apostille is a certificate under the Hague Convention. Between contracting parties it replaces authentication through an embassy.
- The Convention has 130 contracting parties.
- An apostille certifies the authenticity of the signature, the capacity of the signatory and the identity of the seal. It does not certify the content of the document.
- For countries outside the Convention, legalisation is required: authentication by the ministry of foreign affairs and then by the diplomatic mission of the country where the document will be used.
Which documents an apostille is issued for
- documents of courts and of authorities connected with the courts,
- administrative documents,
- notarial acts,
- official certificates placed on private documents, such as the certification of a signature.
The Convention does not apply to documents executed by diplomatic or consular agents, or to administrative documents dealing directly with commercial or customs operations (Article 1).
Who issues it
- Each state has designated its own authorities. Which one is competent depends on the kind of document.
- In Slovakia these are, depending on the document, the regional courts, the Ministry of Justice, the Ministry of the Interior, other ministries and the Ministry of Foreign and European Affairs.
- In Czechia the Ministry of Justice issues apostilles for court documents, the Notarial Chamber for notarial documents and the Ministry of Foreign Affairs for other documents.
- The Hague Conference on Private International Law keeps the list of authorities of all contracting parties.
Within the European Union
- Regulation (EU) 2016/1191 exempts certain public documents from the apostille between Member States — for example birth and marriage certificates, proof of residence or a criminal record extract.
- A company register extract and other corporate documents do not fall under that Regulation.
- Translation is a separate matter. An apostille does not cover the translation.
What is often confused
- An apostille is issued by the state where the document originated, not the state where it will be used.
- An apostille does not say that the content of the document is true. It confirms only who signed it and in what capacity.
- Some states have bilateral treaties that waive authentication altogether. Between Slovakia and Czechia public documents are recognised without further authentication.