Apostille and Notarial Certification — Certifying Documents for Use Abroad

We explain in detail the apostille procedure, consular certification, the authorities that issue apostilles, the process and the fees, under the 1961 Hague Apostille Convention.

In a globalised world the need for individuals and institutions to carry out legal transactions internationally increases by the day. For an official document issued in one country to be accepted as valid in another, certain certification procedures must be completed. Foremost among these are the apostille and consular certification. The 1961 Hague Apostille Convention has significantly simplified the international document certification process and abolished the requirement of diplomatic or consular legalisation. This article deals comprehensively with the concept of the apostille, the 1961 Hague Convention, consular certification, the authorities issuing apostilles in Türkiye, the process, the fees and the problems in practice.

What Is an Apostille and Why Is It Needed?

An apostille is a certificate that removes the requirement of diplomatic or consular legalisation when an official document issued in a State party to the Hague Convention of 5 October 1961 is used in another State party. It verifies only the authenticity of the signature on the document, the capacity in which the signatory acted and, where applicable, the identity of the seal or stamp. It does not guarantee that the content of the document is accurate, that it will necessarily be accepted in the destination country, or that it will produce the desired substantive legal effect.

The 1961 Hague Apostille Convention

The Convention was adopted on 5 October 1961. Türkiye ratified it in 1984, and it entered into force for Türkiye on 29 September 1985. An apostille is used only where both the issuing State and the State of use are parties to the Convention and the document falls within its scope. Current information on States' participation, objections and competent authorities should be checked against the records of the Hague Conference on Private International Law.

The Difference Between an Apostille and Consular Certification

An apostille is a single certificate that removes the chain of consular legalisation for an official document between two States parties. In a State where the Convention does not apply, diplomatic or consular legalisation as determined by the authorities of the issuing and destination countries may be required. In both methods it is not the content of the document but the signature, the capacity and the identity of the seal or stamp that is certified. The duration, cost and competent authority vary by country and by type of document.

Authorities Issuing Apostilles in Türkiye

For administrative documents, governorates and district governorates are competent. For judicial documents, the presidencies of the judicial justice commissions in centres with an assize court issue apostilles. Governorate apostilles are not generally provided for court decisions or judicial record certificates; the correct authority is selected according to the nature of the document. Since 1 January 2019 the e-Apostille system has offered electronic application and verification for judicial record certificates and court decisions.

Documents Required and the Process

The original document, or a secure electronic document accepted by the competent authority, the applicant's identity and, where required, a document evidencing authority to represent are submitted. The specimen signature or seal of the issuing authority is verified and the standard apostille certificate is produced. The documents required, the application channel and the processing time vary according to the type of document and the authority applied to.

Content and Standard Form of the Apostille Certificate

Under Article 4 of the Hague Convention and its annex, the apostille certificate is square in shape, with sides of at least 9 centimetres. The certificate contains the following information:

1. The country in which the document was issued,

2. The name of the person signing the document,

3. The capacity in which that person acted,

4. The authority whose seal or stamp appears on the document,

5. The place where the apostille was issued,

6. The date on which it was issued,

7. The authority issuing it,

8. The apostille number,

9. The seal or stamp of the issuing authority,

10. The signature of the official issuing the apostille. The certificate begins with the French heading: “Apostille (Convention de La Haye du 5 octobre 1961)”. The remainder is drawn up in the official language of the issuing country.

Which Documents Require an Apostille?

The documents most frequently apostilled in practice are as follows:

• Civil status documents: official documents concerning personal status, such as birth, marriage and death certificates and civil registry extracts.
• Educational documents: diplomas, transcripts and student certificates that are official or have been made official.
• Judicial documents: documents of judicial authorities, such as court decisions and judicial record certificates.
• Commercial documents: official documents of an administrative character, such as trade registry records and activity certificates.
• Notarial documents: documents drawn up or certified by a notary, such as powers of attorney, consents, undertakings and declarations.
• Official correspondence: documents issued by ministries and other public institutions and bodies falling within the scope of the Convention.

These examples do not mean that a document must necessarily be apostilled. Whether the destination State is a party, the requirements of the authority that will accept the document, any certification exemption under another convention, and whether the document falls within the Convention are examined in each case.

Apostille Fees

Apostille certification by the competent public authority in Türkiye is free of charge. Separate costs may arise for translation of the document, notarial certification, courier or postal services or an electronic service channel; these are not apostille fees.

Common Problems in Practice

The most common problems are obtaining the apostille from the wrong authority, the document falling outside the Convention, overlooking the participation or objection status of the issuing or destination State, an inability to carry out secure electronic verification, and the destination institution requiring a translation or a recently dated document. The Convention lays down no general expiry date for the apostille itself; but the substantive currency of a document such as a judicial record, civil status or company record may be required by the authority to which it is submitted. There is no general rule that “an apostilled document becomes invalid after three or six months”.

Where there is a discrepancy in a name, seal or capacity on the document, the apostille certificate does not correct the content; a new or corrected document may be required from the issuing authority. Before the document is submitted, the destination country's participation record, the competent apostille authority and the conditions for acceptance should be checked against official sources.

Consular Certification (Countries Where the Apostille Does Not Apply)

Where the Apostille Convention does not apply to a State or a document, the chain of certification varies according to the rules of the country of issue and of use. In most cases the foreign ministry or competent authority in the issuing country and the destination country's diplomatic mission may be involved; there is, however, no single universal sequence. The current procedure should be confirmed with the relevant consulate and the institution to which the document will be submitted.

Apostilles on Documents Coming to Türkiye from Abroad

That a foreign official document bears an apostille satisfies only the chain of certification. The authority in Türkiye to which it is submitted may separately require a translation, notarial or consular certification, an original or copy, and compliance with substantive legal requirements. There is no general rule that every apostilled document must pass through a sworn translator and a notary in Türkiye; the legislation of the receiving authority and any language requirement are decisive.

Apostilles and Notarial Practice

Documents drawn up or certified by notaries may be treated as official documents for the purposes of the Convention. Whether an apostille is required for a notarial document — such as a power of attorney, consent, declaration or certified translation — to be used abroad is determined by the destination State's participation, any other convention providing a certification exemption, and the rules of the authority to which it will be submitted. In Türkiye the competent apostille authority for notarial documents of an administrative character is the governorate or district governorate. To which unit the application should be made, and whether the specimen signature is on the system, should be confirmed according to local practice; submitting the document to the governorate does not in every case guarantee that the process will be completed.

In some transactions a document drawn up by private persons may first need to be certified by a notary and then apostilled; that chain is not an invariable rule for all private documents. Whether a translation or notarial certification is required for a foreign document to be used in Türkiye is likewise determined by the legislation of the authority to which it will be submitted.

Frequently Asked Questions

Does an apostille verify the content of a document?

No; it verifies the signature, the capacity and the identity of the seal or stamp.

Since when has it applied in Türkiye?

Since 29 September 1985.

Which authority issues an apostille for a court decision?

The presidency of the judicial justice commission in an assize court centre.

Is an apostille subject to a fee?

Apostille certification by the competent public authority is free of charge; translation, notarial and postal costs may be separate.

Is e-Apostille available?

Yes. The system has been used for judicial record certificates and court decisions since 1 January 2019.