Notarisation and legalisation can be time-consuming processes, particularly when multiple documents or countries are involved. participants regarding the simplicity of document legalisation highlights the Convention’s vital role in facilitating international transactions. However, it also highlights the challenges faced by countries that are not signatories to the Convention. Nonparticipation can be caused by a variety of factors. Some nations may not have joined the Convention because their legal systems are fundamentally distinct or incompatible with its principles. Others may be unable to utilise the Convention’s streamlined procedure due to administrative or practical constraints. Despite these obstacles, overall participation in the Apostille Convention is rising. This trend is fuelled by a growing awareness of the Convention’s benefits, which include reducing the costs and saving time associated with international document exchange. When it comes to these countries, what other options would an individual or organisation have for ensuring that a key document is recognised? The Apostille Convention has significantly streamlined the procedure for signatory nations to recognise foreign documents. Individuals and institutions from countries that are not signatories to the Convention, however, must rely on alternative means to ensure international recognition of their most vital documents. Countries that are not signatories of the Apostille Convention require consular legalisation to recognise documents. In contrast to the streamlined procedure outlined in the Convention, consular legalisation involves multiple stages and multiple authorities, thereby increasing the procedure’s complexity and duration. Typically, the process of consular legalisation begins with the notarisation of the document in the issuing country by a notary public. The document is then legalised by the country’s foreign affairs department. The final step is for the embassy or consulate of the country in which the document will be used to authenticate it. This procedure may appear daunting, but it can be navigated in a variety of ways. Many nations provide online access to distinct guidelines and procedures that assist individuals and organisations in understanding and traversing the consular legalisation process. Second, there are services available to assist with the legalisation of documents. These services can manage the entire process, from notarization to embassy legalisation, thereby saving time and decreasing the likelihood of error. Some of these services also offer document translation, which may be necessary if the document is to be used in a country where the official language differs from the document’s language. A chain of authentications, also known as the ‘Chain Authentication Method’ or ‘Chain Attestation Method’, is an alternative to consular legalisation in certain circumstances. The document is ultimately authenticated by the embassy or consulate of the country where it will be utilised. This procedure can be even more time-consuming and costly than consular legalisation, but it may be the only option if consular legalisation is not feasible. In the UK, what is the process involved in arranging for a document to be legalised via an apostille certificate? Formerly known as the Foreign & Commonwealth Office, the Foreign, Commonwealth & Development Office (FCDO) administers the apostille certificate application process in the United Kingdom. The FCDO issues an apostille certificate to legalise United Kingdom public documents for use in apostille Convention member countries. The first step in acquiring an apostille certificate is establishing that the document is a UK public document. The FCDO can only issue an apostille for original or certified copies of British documents. Documents that can be legalised include birth, marriage, and death certificates, court documents, and documents issued by a notary public or government agency. After obtaining the appropriate document, it must be evaluated to ensure apostille eligibility. The FCDO verifies that the document bears the signature, stamp, or seal of a public 66 LAWYER MONTHLY JULY 2023
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