APOSTILLE OF DOCUMENTS IN INDIA FOR FOREIGN INVESTORS

APOSTILLE OF DOCUMENTS IN INDIA FOR FOREIGN INVESTORS

INTRODUCTION

The Indian government since the year 2005 signed the Hague Convention of October 5, 1961, whereby it abolished the requirement of legalization of foreign public documents. India joined the Hague Convention with 120 other member countries that certifies and authenticates the origin of a public document when used in any other 120 member countries. Thus, in order to authenticate the validity of documents in foreign countries, the document is required to either be legalized or is required to be apostilled. Notably Apostille is different from Legalization of document. Documents are required to be legalized when one or both the countries are not a member of the Hague Convention or when one of the contracting country has protested the accession of the other.

For the purpose of legalization the applicant is required to submit the original document, along with any required copies or supporting materials, to the respective consular office. The consular officials shall review the document, verify its authenticity, and affix their seal or stamp to certify its validity. The consular legalization process may require additional steps like obtaining translations of the document into the language of the destination country or providing additional supporting documentation as requested by the consular office. It is usually up to the diplomatic mission to decide about the authentication procedure. The specific requirements and procedures for consular legalization may vary depending on the regulations of the destination country.

In order to understand the procedure for apostille of documents, it is essential to understand what is apostille. An Apostille is an official stamp or a certificate affirming that the document is genuine and that it can be recognized and used in another member country. Once the document is apostilled by a member country, no further attestation or legalization of a document, should be required for using such apostilled document in India. An apostilled document shall, therefore, be treated as legalized document for all purposes in India by all concerned, in accordance with the international obligation under the Convention.

Usually, all government documents are required to be apostille, documents such as personal, educational and commercial should be first apostilled before they are used. Personal Documents include birth certificate, death certificate, marriage certificate, educational documents includes educational certificates from state and state-recognised institutions, School transcripts, university degree transcripts, overviews of subjects and grades, matriculation certificates, additional certificates from schools or universities as well as certificates and commercial documents such as extracts from Indian trade registry, land registry extracts, documents issued or certified by notary public, documents issued by court, translation by Court interpreters, official documents issued by state authorities, power of attorney, testaments, declarations and other government documents can be apostilled. Documents that cannot be apostilled are trade contracts, invoices, customs documents, diplomatic and consular documents and ID Cards.

Procedure for Apostille of document

In order to obtain an apostille for a document in India, there are 2 procedures to be followed. Either the document is attested by the state department and thereafter apostilled or can directly approach the Ministry of External Affairs (MEA) for an apostille, bypassing the state attestation process altogether.

For the purpose of obtaining the apostille of documents the required person is required to apply to the MEA of the Government of India which is located at Patiala House Annexe on Tilak Marg, New Delhi. In case of regional applicants, the Applicants are required to submit the application along with the document to be apostille at the Regional Authentication Centers (RACs) who shall be verifying competent authority in the state of origin of the document. Upon verification regarding the legality of the document, the MEA shall issue the apostille certificate or affix the apostille stamp on the document and thus shall be ready to be produced in the Country of destination. You may also look for more information on the applicant’s concerned Regional Authentication Centers (RACs) at the link below: https://www.mea.gov.in/Images/attach/DetailsofRACsAppamndixCnwagai.pdf

Similarly, once the document is apostilled in India being a member of the Hague Convention, further attestation by the Indian Mission/Post in any other country which is also a member of the Hague Convention shall not be necessary. So as to say that no further attestation or legalization of an apostilled document shall be required in India as India is a member of the Hague Apostille Convention. An apostilled document shall, therefore, be treated as legalized document in India by all concerned, in accordance with the international obligation under the Hague Apostille Convention.

These services are also available online by way of e-Sanad whereby which the documents can be verified/attested/apostilled by an Indian or a foreign person who have obtained documents from the Document Issuing Authority (DIA) of India. These documents can be attested and apostilled by the MEA only after verification by the concerned DIA authorities and provided the said document is available in digital depository. After verification the authorities shall send the digital copy of the same to the concerned person.

The authorities will carefully examine the document to verify if the signatures, stamps, or seals align with their own records. If they are confirmed to be authentic, the document will be legalized by affixing an ‘apostille’ (an officially stamped certificate). The fee for the apostille service is set at a nominal rate of Indian Rs. 50.00.

CONCLUSION

Apostille plays an essential role in setting up of the companies in India or for foreign direct investment in India. When setting up a subsidiary company of a foreign company, the foreign investors are required to ensure that proof of identity (including passport/ID document), memorandum of association (MOA), article of association (AOA) and certificate of incorporation of foreign body corporate are required to be apostilled. By obtaining apostille certification, the foreign investor shall ensure the authenticity and acceptance of the foreign documents, enabling smooth business operations and legal compliance.

Disclaimer:

The above content is provided for informational purposes only. The provision of this article does not create an attorney-client relationship between D’Andrea & Partners and the reader and does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each case, and the contents of this article are not a substitute for legal counsel.

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We at D’Andrea & Partners Legal Counsel are a legal firm with its presence in India, Pune and provide all round legal and fiscal services relating to open a company in India, legal compliance, litigation and dispute resolution, drafting of agreements and contracts, intellectual property rights protections, HR and IPR Related work and other miscellaneous services. Should you have any query or wish to know more, please reach us at info@dandreapartners.com. We are also pleased to introduce our practical guide on Foreign Direct Investment in India which you can purchase on https://www.amazon.com/Foreign-Direct-Investment-India-Invest-ebook/dp/B0BP7M7GKD/ref=sr_1_3?qid=1695004259&refinements=p_27%3ACarlo+Diego+D%27Andrea&s=digital-text&sr=13&text=Carlo+Diego+D%27Andrea

Bosky Tanmay Gokani Bosky Tanmay Gokani

Bosky Tanmay Gokani

Legal Advisor
Bosky Gokani, a qualified Indian lawyer, is currently based in Shanghai.
Veronica Gianola Veronica Gianola

Veronica Gianola

Senior Associate
Veronica Gianola, an accomplished Italian lawyer, is a member of the Milan Bar Association.

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