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1. What does mean the confirmation by apostille or legalization of documents?
Documents issued in the territory of one country and having legal effect may be used in the territory of another country after the proper registration. Currently, there are two types of such registration: apostille and consular legalization.
The Apostille confirms the authenticity of the signature of the person who signed the document, in what person he acted, and, if necessary, the authenticity of the seal or stamp on the document.
It is not required re-approval or legalization of the signature, seal and stamp on the apostille.
Consular legalization means identification and confirmation of the authenticity of the signatures in the documents and acts and the compliance of these documents and acts with the laws of the State, where the consulate situates.
2. What is the difference between apostille and legalization?
Legalization requires the approval of several institutions as a longer-term procedure.
Legalization:
Confirmation by Apostille is a one-step procedure, which means the approval of the document only by one body and that document can be submitted to all States, which are a party to The Hague Convention of October 5, 1961, which “abolishes the requirement for legalization of foreign official documents”.
3. Which documents are confirmed by apostille?
The documents to be confirmed by apostille are defined by the State, which is a party to The Hague Convention of October 5, 1961, which “abolishes the requirement for legalization of foreign official documents”. Generally, the following documents are confirmed by apostille:
4. Which body does issue an apostille?
Ministry of Justice was appointed as a competent body on issue of apostille in reference to the following documents:
For issue of apostille to other documents, the Ministry of Foreign Affairs was appointed as a competent body.
5. By which body a legalization of the document is carried out?
Functions on consular legalization are carried out in the Republic of Azerbaijan by the Consular Department of the Ministry of Foreign Affairs and in the foreign countries by the Consulates of the Republic of Azerbaijan.
For consular legalization of the original document there should be appealed to the Ministry of Foreign Affairs.
In order to legalize a copy or translation of the document, first off all, the authenticity of the translator's signature in the translated copy and a copy of the document is certified by a notary. In this document, the authenticity of the notary's signature and the fact that the seal belongs to the notary's office are confirmed by the Ministry of Justice. The document will then be legalized by the Consular Department of the Ministry of Foreign Affairs and by the consular service of the state in our country, where the document will be used.
6. Which documents are not confirmed by apostille?
Documents drawn up by diplomatic and consular agents and the administrative documents referred to customs and commercial operations are not confirmed by apostille.
7. Which countries do apply not apostille, but legalization?
Legalization process is applied for the states not entering the membership of “Convention abolishing the requirement for legalization of foreign official documents”.
8. Period for issue of an apostille
Apostilles will be issued within 5 working days after the documents are submitted to the Ministry of Justice.
Documents that have not been properly prepared will be returned without apostilling.
If additional verification of the documents submitted for Apostille is required and the number of documents exceeds 10, the timeframe for the Apostille may be extended for 5 days or more.
9. Submission of documents for apostille or legalization
Apostillation or legalization may be made in relation to the original or notarized copy or translation of the document.
The document may be submitted to the Ministry of Justice in the following form:
10. Requirements on documents for issue of Apostille
Inserting any additional information in the documents submitted for Apostille, underlying the uncompleted lines or missed places is not permitted.
Documents containing several sheets should be fastened, sheets should be numbered and should be signed and sealed by the issuing official.
The document must be formalized in order to give it official character and legal force. Formalization is carried out through signing, approval, registration and stamping of the document.
Signature includes the name of the person signing the document, his / her personal signature, name and surname. In the event that the official to sign the document is temporarily absent, the document shall be signed by his deputy or by the person performing his / her duties.In this case, the actual position, name and surname of the person signing the document must be indicated. It is forbidden to sign the document by typing the word "instead" or by drawing a line in front of the title.
Note: In accordance with the requirements of the law, it is prohibited to accept any documents that have been crossed out or rubbed out, documents with unapproved attachments, which cannot be read because of damage, or the documents that were written by pencil.
The texts of transactions and documents certified by the notary must be clearly and accurately written, and the dates and times relating to the text of the document should be spelled out at least once, and the names of legal entities by specifying the address of their bodies should be written fully.
Names, surnames and patronymics of natural persons shall be fully written and their place of residence should be indicated.
If the documents mentioned in several sheets are not numbered, fastened, not certified by the signature of the official and the stamp of the issuing authority, institution and organization, these documents shall not be accepted.
11. Public duty for apostille or legalization
Public duty for apostilling one document is 10 manats.
Public duty is not specified for confirmation of the document submitted for legalization.
12. List of agencies authorized to prepare and submit a document for an Apostille:
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Notary Office No.1 in Baku city Service hours: 9.00 - 18.00, |
Notary Office in Baku “ASAN Service” Centre No.1 Workdays: all days of the week |
Notary Office in Baku “ASAN Service” Centre No.2 Workdays: all days of the week |
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Notary Office in Baku “ASAN Service” Centre No.3 Workdays: all days of the week |
Notary Office in Baku “ASAN Service” Centre No.4 Workdays: all days of the week 10:00-20:00 (without break), |
Notary Office in Baku “ASAN Service” Centre No.5 Workdays: all days of the week |
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Notary Office No.2 in Ganja city Workdays: all days of the week |
Notary Office in Ganja “ASAN Service” Centre Workdays: all days of the week Tel: (012) 108; |
Notary Office No.3 in Sumgayit city Service hours: 9.00 18.00, |
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Notary Office in Sumgayit “ASAN Service” Centre Workdays: all days of the week |
Notary Office in Barda regional “ASAN Service” Centre Workdays: all days of the week |
Notary Office in Khachmaz region Service hours: 9.00 18.00, |
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Notary Office in Goychay region Service hours: 9.00 18.00, |
Notary Office No.2 in Shaki region Service hours: 9.00 18.00, |
Notary Office in Sabirabad regional “ASAN Service” Centre Workdays: all days of the week |
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Notary Office in Masalli regional “ASAN Service” Centre Workdays: all days of the week Service hours: I-II-III-IV-V - 10:00-20:00 (without break), |
Notary Office in Gabala regional “ASAN Service” Centre Workdays: all days of the week |
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Public Notary Office No.1 in Nakhchivan city Service hours: 9.00 18.00, |
Public Notary Office No.2 in Nakhchivan city Service hours: 9.00 18.00, |
Public Notary Office No.1 in Sharur region Service hours: 9.00 18.00, |
13. States entering the membership of “Convention abolishing the requirement for legalization of foreign official documents”
A list of the states entering the membership of “Convention abolishing the requirement for legalization of foreign official documents” was placed at the official website of the Hague Conference on International Private Law (https://www.hcch.net/en/instruments/conventions/authorities1/?cid=41).
1. Albany
2. Andorra
3. Antiqua and Barbuda
4. Argentine
5. Australia
6. Austria
7. Azerbaijan
8. Bahamas
9. Bahrain
10. Barbados
11. Belarus
12. Belgium
13. Belize
14. Bosnia and Herzegovina
15. Botswana
16. Brazil
17. Brunei
18. Bulgaria
19. Burundi
20. Cape Verde
21. Chile
22. China (Hong Kong)
23. China (Macao)
24. Columbia
25. Cook Islands
26. Costa Rica
27. Croatia
28. Cyprus
29. Czech Republic
30. Denmark
31. Dominic
32. Republic of Dominican
33. Ecuador
34. El Salvador
35. Estonia
36. Fiji
37. Finland
38. France
39. Georgia
40. Germany
41. Greece
42. Grenade
43. Guatemala
44. Honduras
45. Hungary
46. Island
47. India
48. Ireland
49. Israel
50. Italy
51. Japan
52. Kazakhstan
53. Korea
54. Kosovo
55. Kyrgyzstan
56. Latvia
57. Lesotho
58. Liberia
59. Lichtenstein
60. Lithuania
61. Luxemburg
62. Malawi
63. Malta
64. Marshal Islands
65. Mauritius
66. Mexico
67. Monaco
68. Mongolia
69. Montenegro
70. Morocco
71. Namibia
72. Netherlands
73. New Zealand
74. Nicaragua
75. Niue
76. Norway
77. Oman
78. Panama
79. Paraguay
80. Peru
81. Poland
82. Portugal
83. Moldova
84. Romania
85. Russia
86. Saint Kitts and Nevis
87. Saint Lucia
88. Saint Vincent and Grenadine
89. Samoa
90. San Marino
91. San-Tome and Principia
92. Serbia
93. Seychelles
94. Slovakia
95. Slovenia
96. South Africa
97. Spain
98. Surinam
99. Swaziland
100. Sweden
101. Switzerland
102. Tajikistan
103. Macedonia
104. Tonga
105. Trinidad and Tobago
106. Turkey
107. Ukraine
108. Great Britain
109. United States of America
110. Uruguay
111. Uzbekistan
112. Vanuatu
113. Venezuela
Note: Although the Federal Republic of Germany is a party to the Convention that abolishes the requirement for legalization of foreign official documents, in this country the apostille is not applied, but legalization is applied.
14. Contact numbers of the General Department of Registration and Notary, which carries out issue of apostille:
Address: 72, Azadlig avenue, Baku city
Tel: (0-12) 404-42-30, (0-12) 404-42-81.
15. Time of reception and delivery of the documents in the General Department of Registration and Notary
Reception and delivery of the documents for apostille in the General Department of Registration and Notary is carried out in workdays at 15.00 – 17.00 o’clock.
