are required to present specific legal documentation. Before these documents can be recognised in Spain, they must first be notarised in England. Here is where a public notary enters play. After verifying the legitimacy of the documents and the individual’s identity, they notarise the documents. In England, the notary public is also responsible for administering oaths and declarations and producing legal documents for international use. A nApotary public is essential to the procedure, even if they do not issue the apostille themselves. After the document has been notarised by a public notary, it is sent to the Foreign, Commonwealth & Development Office (FCDO) in England for the apostille to be affixed. The apostille validates the document for international use by confirming the authenticity of the notarization. Can you please give a broad summary of the obstacles that may prevent some documents from being legally recognised internationally? In the first place, the disparity between national legal systems is one of the greatest obstacles. Countries with civil law, common law, hybrid, or traditional legal systems have distinct requirements for document recognition. Other jurisdictions may not require notarisation. Next, problems associated with the authentication of authenticity present yet another formidable barrier. Even if a document has been notarised by a notary public, it may still require additional authentication for foreign recognition. This procedure may require an apostille, a certification under the 1961 Hague Convention, or consular legalisation in countries that are not party to the Convention. Additionally, language barriers pose a substantial barrier to the international acceptance of documents. A certified translation may be required if a document is written in a language not comprehended in the receiving jurisdiction. Beyond this, document submission timeliness can impact international legal recognition. In some jurisdictions, documents must be issued recently or notarised to be considered authentic. Lastly, changes in the legal status or personal circumstances of the parties involved may prevent international legal recognition of a document. For instance, previously issued documents may no longer be valid if a person gets married or divorced, changes their name, or if a business alters its organisational structure or ceases to exist. What is the Apostille Convention and how does it help to rectify the issue of international legalisation? The Apostille Convention is an international agreement formulated by the Hague Conference on Private International Law. It was intended to end the need for foreign documents to be authenticated by diplomatic or consular officers of the receiving country. The origin of the term ‘apostille’ is French, where it refers to a certification or annotation. It refers to the certificate issued in accordance with the Convention that verifies the origin of a public document. 64 LAWYER MONTHLY JULY 2023
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