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Notary · 23 Apr 2024

What is an apostille?

An apostille is a certificate in which the state confirms the authenticity of the signature and seal on a document, so that it will be accepted in another country. It was established by the 1961 Hague Convention to replace the lengthy consular legalisation with a single procedure.

· Notary · Translated from the Hebrew original

When an apostille is required

  • Documents for citizenship, a residence permit or a visa.
  • Birth, marriage, divorce and death certificates for use abroad.
  • Academic certificates, transcripts and confirmations of study.
  • Powers of attorney, consents for a minor to leave the country, and affidavits.
  • Certificates of good conduct, and documents for courts and banks.

Who issues an apostille in Israel

It depends on the document, and this is the point where time is wasted.

The Ministry of Foreign Affairs authenticates public documents of state authorities: certificates and extracts of registration from the Ministry of the Interior and confirmations from government bodies.

The Magistrate's Court secretariat issues an apostille on documents certified by a notary: translations, powers of attorney, affidavits and consents.

In other words, the route of the document is determined by who signed it: an official or a notary.

Translation: before or after

The usual order is translation first, then a notarial certification that the translation is correct, and the apostille is given on that certification. If the destination country requires an apostille on the original, it is obtained before the translation. Checking in advance with the receiving body is the only way not to pay twice.

Electronic apostille

Israel participates in the electronic apostille programme: the certificate exists as a signed file, and the recipient verifies its authenticity through a link to the Ministry of Justice system. This format is accepted in countries that have joined the programme, more than fifty today.

How long it takes

The notarial part is usually done the same day. Issuing the apostille depends on the workload of the court or the Ministry of Foreign Affairs and usually takes several working days.

Countries that are not parties to the convention

These require consular legalisation: certification at the Ministry of Foreign Affairs and then at the consulate of the destination country. It is longer, but the result is the same.

A document issued outside Israel

An apostille is given only in the country that issued the document. An Israeli notary cannot certify a Ukrainian birth certificate. In such a case the document is ordered in the country of origin. We do this as part of our service of locating and ordering documents from abroad, together with the apostille and translation.

How much it costs

The fee for the apostille is set by the authority, and the notarial part is charged according to the Ministry of Justice tariff, which is identical for all notaries in Israel. VAT is added to the prices.

Five mistakes that send the document back

  • The apostille was attached to the wrong document. A copy was certified instead of the original, or the other way round, and the receiving body rejects it.
  • The translation was made after the apostille. The stamp then does not cover the translation, and everything starts again.
  • An expired certificate. Many bodies accept personal status documents and certificates of good conduct for three to six months; the apostille does not extend this period.
  • A different transliteration of the name. When the name is written differently in the passport and in the certificate, the document is attributed to a different person.
  • The wrong translation language. The destination country may require translation into its official language and not into English.

What we do for the client

We determine the route of the document, prepare a translation, certify it, obtain the apostille from the correct authority and hand over a ready package. If the document is not in your hands, we order it in the country of origin.

Two types of apostille

On public documents (a registration extract, a birth certificate, a marriage certificate, a certificate of incorporation) the apostille is stamped at the Magistrate's Court or at the Ministry of Foreign Affairs, depending on the type of document. On documents signed before a notary (a power of attorney, an affidavit, a certification of the correctness of a translation) the apostille is stamped on the notary's certification.

Why it matters

An Israeli document submitted to a foreign authority will almost always be rejected without an apostille, even if it is properly translated. An apostille does not confirm the content of the document, but the authenticity of the signature and seal on it.

Countries that have not signed the convention

Countries that are not party to the Hague Convention require a longer authentication procedure, through the Ministry of Foreign Affairs and the diplomatic mission of that country. It is worth finding out in advance which route is required, since the timetables differ significantly.

This article is general information and is not a substitute for legal advice.

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