By Angel Marin Díaz
What is the apostille?
The apostille is a document that allows you to certify the signatures of Federal Public Servants, who are empowered to certify the validity and legitimacy of documents of national origin abroad, provided that the procedure is related to countries that have adopted the Hague Convention by which foreign legal documents gain legitimacy in the country of use.
(Today in Mexico, there are 236 documents or acts that can be apostilled).
What does the apostille accredit and certify in Mexico?
– That the signature of the person who appears on the document is authentic.
– That the person who signed the document was empowered to do so in accordance with the powers that had been granted to him by law at the time of signing said document.
– That the seal or stamp that appears on the document, if applicable, is authentic.
The origin of the apostille:
The apostille was born in the ninth session of the Hague Convention, on October 5, 1961, by means of which the requirement of legalization of foreign public documents was accepted. The objective was to facilitate the international circulation of public documents.
The Mexican government, on October 15, 2013, established and published the “General Guidelines for the Apostille of Documents and Legalization of Signatures” procedure.
Hypothesis of the use of an apostilled document:
Buying and selling a house in Mexico, the USA, or Canada when the buyer is unable to travel for any reason, including COVID-19 travel protocols for the closing of the real property.
– In the United States, it grants a power of ownership with a special clause “for the specific act” confirmed by a notary public, in favor of “John Doe,” in that country, where said power is “apostilled.” It is then sent by parcel to the “proxy” in Mexico or any other participating country.
– In Mexico, this power of attorney is formalized so that the attorney of record can make use of it in Mexico and may be able to carry out said sale.
The apostille process allows us to:
– Reduce our risk of contagion and optimize our time.
– Finalize the purchase or sale legally.
– Provide legal certainty of the legal act to be specified (sale, donation, mortgage, trusts, among many others).
– This hypothesis applies as well if the legal act is carried out in the United States, and the person interested in carrying out the legal act is in Mexico, and again in any other participating country.
The correct application and use of the apostille is an excellent tool of Private International Law, avoiding bureaucratic procedures and creating efficiency and legal optimization.
For more specific questions or information on the matter, contact Angel Marin Díaz at email@example.com.