Apostille is a document approval system that allows a document issued by foreign state authorities to gain acceptance and validity without being subjected to certification procedures in another country.
Apostille was adopted by the Hague Convention of October 6, 1961 and the relevant Apostille rules are only valid between member states of the Hague Conference.
The authority where the Apostille is to be obtained is determined subject to the laws of the countries themselves. Placing an Apostille on documents obtained from foreign state authorities does not mean that the document will be executed in other countries. The purpose here is that this document, which is obtained from a foreign court and submitted to another foreign court, is valid without any certification that it was obtained from the official institutions of the state from which it was obtained. If the parties want the relevant document to be executed in a foreign country, then they must operate the recognition-perfysis procedure. The validity period of the Apostille is the same as the validity period of the annotated document.
MANDATORY ELEMENTS IN THE APOSTILLE
The Hague Convention also specifies the mandatory minimum requirements for an Apostille which has been adopted in the Hague Convention.
- The title of the commentary should read “Apostille (Convention de La Haye du 5 Octobre 1961) “.
- Name of the country where the document was issued
- Name, title and position of the person who signed the document
- Date and place of issue of the document
- Name of the authority to which the seal on the document belongs
- Name and seal or stamp of the authority issuing the apostille
- Apostille number
- Signature of the authorized person issuing the Apostille
OFFICIAL DOCUMENTS TO BE APOSTILLED AND DOCUMENTS THAT DO NOT NEED TO BE APOSTILLED
The documents for which the Apostille is required are also regulated in the Hague Convention and these documents are administrative documents, notarial deeds, documents issued by the judicial organs of the state, officials, court authorities, and official declarations regarding the certification of signatures on documents signed by individuals in their private capacity.
Apostille is not required for documents issued by diplomatic or consular officials and administrative documents directly related to trade or customs procedures.
AUTHORITIES IN TURKEY WHERE APOSTILLE CAN BE OBTAINED
- For administrative documents: Governorships, Governors, Deputy Governors and Legal Affairs Directors on behalf of the Governor, District Governorships;
- For Judicial Documents: Presidencies of the Justice Commissions in the centers where the Serious Criminal Court is established.