Anyone wishing to study, marry, or work abroad needs to prove that certain documents – such as birth certificates, diplomas, or powers of attorney – are genuine and valid. For a foreign document to be recognized in Germany or a German document to be recognized abroad, simple presentation is usually insufficient. This is where two authentication procedures come into play: the apostille and legalization. Both serve to confirm the authenticity of public documents in international legal transactions. Those affected often face the question of which authority is responsible and what requirements must be met.
At Schlun & Elseven Rechtsanwälte, our legal team provides you with comprehensive support in the authentication and recognition of foreign documents. Whether apostille or legalization – our experienced attorneys advise you comprehensively, review your documents, and guide you through the entire process to ensure your documents are internationally legally valid and recognized without problems.
Document Categories in International Authentication
Various life situations require handling different types of documents. The following are among the most common documents:
- Birth certificate
- Death certificate and wills
- Marriage certificate
- Proof of citizenship
A document, in the legal sense, is a written statement regarding a specific fact or circumstance. Classic examples of documents are certificates, contracts, and identification cards. However, a document is not merely a written piece. It additionally requires evidence – such as a signature or stamp – that documents the issuer and proves the authenticity of the document.
Documents are suitable as evidence in legal transactions. Particularly with regard to this evidentiary function, a distinction is made between private and public documents. While a public document is issued by an authority or a person of public faith – such as a notary – and therefore has high evidentiary value, private documents have lower evidentiary value since they are not certified by such an authorized body.
A special type of public document is the notarization. Such certification is required in Germany for certain legal transactions. These usually involve more complex and riskier matters, such as inheritance or marriage contracts (prenuptial agreements), real estate purchases, or the establishment of a GmbH (limited liability company).
Types of Procedure for the Authentication of Documents in Germany
Foreign documents are often only recognized by German authorities and courts if their authenticity has been previously authenticated. This also applies to the presentation of German documents before foreign authorities or courts. The authentication of the genuineness and thus the evidentiary value of a document can be accomplished through various types of procedures: the apostille or legalization. However, the mentioned procedures are only applicable to public documents. Under what circumstances which of the two procedures is initiated and how they work exactly will be explained below.
Apostille
The apostille represents a simplified form of proof of the authenticity of a document and the authority of the issuer. The basis for this type of procedure is the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents of October 5, 1961. The following countries, among others, are parties to this convention:
- Australia
- Belgium
- China
- Germany
- Finland
- France
- Greece
- Italy
- Japan
- Austria
- Portugal
- Sweden
- Switzerland
- United Kingdom
- Cyprus
Through this agreement, the affected countries have mutually waived legalization and agreed to the enhanced proof of authenticity through the apostille. For example, before a Japanese document is to be presented in Germany, an apostille must be obtained from the Japanese Foreign Ministry. However, some European states have additionally concluded bilateral agreements on the exemption from the procedure for confirming authenticity for very specific documents. Thus, in the countries of Belgium, Denmark, France, and Greece, as well as Italy, Luxembourg, Austria, and Switzerland, no proof of authenticity – not even an apostille – is required for certain public documents.
The apostille requires authentication by the competent authority of the issuing country of the document to be authenticated. The contracting states decide which authority issues the apostille. To initiate the apostille procedure, the applicant must therefore first determine which authority/office is responsible in their specific case. The competency depends on the type of document: While in Germany, the issuance of the apostille for federal documents (with exceptions for documents from the German Patent and Trademark Office or the Federal Patent Court) is generally handled by the Federal Office for Foreign Affairs (BfAA), there is no uniform regulation for documents of the federal states, for example. The competency can therefore differ among the federal states.
Our lawyers are happy to verify whether your document requires an apostille and which authority is then responsible. Our team will initiate the procedure together with you and provide supportive assistance.
Legalisation
Legalization also serves to confirm the authenticity of a public document. Section 13, paragraph 2 of the German Consular Act (KonsG) states:
“Legalization confirms the authenticity of the signature, the capacity in which the signatory of the document acted, and, if applicable, the authenticity of the seal with which the document is affixed.”
However, this type of procedure only applies when there is no Hague Convention between the countries involved that provides for the apostille as the correct procedure.
Whether a foreign public document requires legalization depends on the decision of the authority in Germany where the document will subsequently be used. It is certain that the legalization of a foreign document is carried out by the German consulate or the German embassy (foreign representation) in the state where the document was issued (cf. Section 13 para. 1 KonsularG). For example, if a Tunisian document is to be presented in Germany, it must under certain circumstances be submitted to the German embassy in Tunis or an external service provider of the embassy and subsequently legalized by it.
At Schlun & Elseven, our lawyers are happy to explain whether the simplified procedure through the apostille is sufficient in your case or whether legalization is required. We can also determine which institution is responsible for legalization in your specific case, and whether, in addition to preliminary authentication, final authentication by the BfAA is also necessary. We naturally accompany you through the entire procedure.
Translation of Public Documents & Vital Records in Germany
Not infrequently, countries in which a document is to be recognized require a translation of the document to be authenticated. Whether the translation of a document prepared in Germany will be recognized or used in the country where it is to be presented is then decided by that country.
German authorities usually require the translation of the foreign-language document. Here too, the specific authority decides whether the translation made abroad is applicable or not. It is recommended to have the document translated by a publicly sworn translator in Germany. However, it should be noted that the translation of such a document is not equivalent to its authentication. Rather, a translation is an expert service. Even if the translation of the document was prepared by a publicly sworn translator, it does not simultaneously become a public document. However, it is possible to authenticate the signature of the expert under the relevant document. This notation then represents a public document to which the types of procedures (apostille or legalization) can be applied.
Practice Group: Apostille & Legalisation
Practice Group:
Apostille & Legalisation
Contact our Lawyers for Apostille and Legalisation
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