Change in law governing legalisation of foreign public documents

Litigation 01/03/1999

Ireland has recently ratified three conventions (EU, Hague and Council of Europe) relating to the authentication of Irish 'public documents' for use abroad and the authentication of 'public documents' includes all documents signed before notaries public, commissioners for oaths and practising solicitors.

Heretofore, the legalisation procedure required certification by successive authorities of the authenticity of a series of signatures and/or seals on the documents concerned. As from 9 March 1999, documents intended for use in countries party to the Hague and Council of Europe conventions abolishing the legalisation of foreign documents will require only a single certificate, called an 'apostille' to be stamped thereon.

In the case of Irish documents this certificate will be affixed and signed by an officer of the Department of Foreign Affairs (fee 拢10). Reciprocal arrangements will apply to foreign documents to be used in Ireland. The Department of Foreign Affairs will maintain an updated list of the countries where an 'apostille' only will be required. Documents destined for use in countries which are not party to the above conventions will still require to be submitted to the legalisation procedure as heretofore.

Under the terms of the EU convention, documents destined for or originating from Belgium, Denmark, France and Italy will no longer need authentication of any kind as from 9 March 1999.

A register of sample signatures/seals of practising solicitors (similar to that already in place in respect of notaries public and commissioners for oaths) will now be required and arrangements will be put in place shortly in this regard. For further information, contact Consular Services, Dept of Foreign Affairs (tel: 01 478 0822).