Apostille or legalization? Notarial certification or consulate?
In the course of digitization of company shares a Pvt. Ltd. India to September 30, 2024 (Keyword: “Dematerialization of shares on OTCEI”), our customers are increasingly asking questions about document traffic with India (see also: "CERTIFY, ATTEST AND LEGALIZE DOCUMENTS FOR INDIA").
Most foreign documents have to be authenticated and legalized in order to be valid in Indian legal transactions. This is particularly relevant during the process of establishing a company, opening an account, granting power of attorney or directors' resolutions, etc.
Since the bilateral relationship between Germany and India the so-called “Apostille” is not valid, the complicated multi-stage procedure of legalization should be passed through German public documents in India But similar documents are usually required for other documents in India.
In general, public documents can only be used by banks, authorities or courts of another country if their authenticity has been established in a special procedure. Two types of procedures have been developed internationally to prove the authenticity of foreign public documents:
- Legalization = the confirmation of the authenticity of a foreign public document by the consular officer of the state in which the document is to be used shall be
- (Not relevant in the India/Germany relationship:) The “Hague Apostille” = due to an agreement under international law, in certain countries legalization in legal transactions is replaced by a so-called apostille (or even all formalities are dispensed with).
A public document exists if it has been properly issued by a public authority (or a correspondingly authorized person such as a notary). These include, for example, birth certificates, certificates from administrative authorities, registration certificates, notarized partnership agreements, etc. Informal purchase agreements or translations are not public documents.
In the bilateral relationship between Germany and India have mutually approved the Apostille no validityThe reason for this is interstate disagreements in connection with India's accession to the Hague Apostille Convention. In contrast, the simplified "Apostille" procedure applies in Switzerland, Austria and other countries.
Depending on the recipient/purpose and type of document, the requirements for the legalization process may vary, so it makes sense to ask the recipient – if this is easily possible – about the requirements he or she wishes to meet.
Indian Banks For example, some people want a four-stage procedure, whereas otherwise a three-stage procedure is usually practiced.
For documents from Germany, the usual procedure in practice is as follows:
1.Notarial certification of the document
A notary confirms the authenticity of the signature on a document and/or the formal conformity of the content of a transcript (copy) with the original. Your document is now a notarial public document.
Of course, you are free to choose the notary.
2.Preliminary certification by the regional (local) court
In the legalization process, the pre-certification of a document by the authorities of the issuing state is usually required. The responsibility for individual documents is regulated differently in the respective German federal states (Ssee also: auswärtiges-amt.de – International Document Exchange)In case of doubt, the person who issued the document will often be able to help you.
For notarial documents is the district (local) court president responsible, i.e. after the above-mentioned notarial certification, your document must be forwarded to the regional (local) court.
For commercial papers The Chambers of Commerce and Industry and the Chambers of Crafts are responsible for documents such as certificates of origin, commercial invoices, etc.
3.Legalization by the responsible Indian consulate
The responsible Indian consulate in Germany then confirms the authenticity of the document and thus legalizes it. Which Indian consulate is responsible for you depends on your German federal state (Ssee also: auswaertiges-amt.de – Indian representations in Germany). For some federal states (e.g. Berlin, Saxony…) the Indian Embassy in Berlin is responsible.
- Note: None of the three above mentioned places confirms the content accuracy of the document!
Indian Banks usually also require a so-called "self attestation“ (Self-certification). Before the notarial certification, the applicant must first sign a copy of the document to be legalized. This is followed by the three-step process described above.
In practice, there are still cases where German documents are affixed with an apostille out of ignorance and are sometimes even accepted as such by the Indian side. In such a case, be aware that other formal requirements must be observed for legal validity.
If you have any questions about document traffic with India, we will be happy to assist you.
We are looking forward to your message.
