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Defınıtıon Of Apostılle

Apostille is a system for approval of document which provides the legal usage in different countries by certifying the truth of the document. The rules of Apostille have been determined with the Hague Convention dated 6th October in 1961. Apostille rules are only valid for the member or State party of the Hague Convention.

The local agency, government, department , etc. that is determined by the member or state party which is related with the system for approval of document, certifies the truth of the document and provides the legalization for usage in another member or state party in the scope of the rules that specified with the Hague Convention dated 6th October in 1961.

The certificated apostille of the document is accepted as valid document for the member or state parties of Hague Convention

The components of an apostille

It is an obligation to write the main title of Apostille documents as “Apostille ((Convention de La Haye du 5 Octobre 1961)” in French. The components of an apostille are as in below::

The name of the country where the document is issued;
The name of the person who signs the document;
The title of the person who signs the document;;
The name of the authority for sealing on document ,
Certification place;
Certification date;
The office where the apostille is issued;
Apostille no;
Seal and cachet of the office ;
The sign of the authorized person who issues the apostille;

Hague Convention dated 5th October 1961 which is related to the removal of obligation for the certification of the foreign official documents was published in Official Gazzette dated 16.09.1984 and numbered 18517 thereby became valid for our country on 29th of the September in 1985. According the article 1 of relevant agreement, it is foreseen that the commentary of apostille will apply for the document that is arranged in one of the convenant country for the usage in another convenant country. Thus the aim of the relevant agreement is reducing the burden ; providing convenience and haste by the directly usage of documents that is prepared in one behalf country in another behalf country. .

The relevant agreement specifies that the documents shown below serve as official documents for the aim of the agreement:

A) The official documents which will include the commentary of apostille are:

a) The documents which are arranged by the office or an officer that is related with the government; and also include the documents given by “the prosecutor, court clerk or court official”.

b) Administrative documents

c) Notarial deeds,

d) Added on the documents signed by persons in their private capacity and they are the official documents such as the affirmance of the record of document or being available on a specific date and the authentications by the official authorities or notaryships.

B) According to the same article the documents which the agreement may not be applied to or in other words disables to attest the Apostille :

a) The documents arranged by the officers of diplomacy or consulate ,

b) Administrative documents related with the commerce or costum operations.

3) In accordance with the article 6 of the agreement, it is necessary that “Each convenant country should specify competent authority to provide apostille commentary, in the case of any change , the situation should be notify to the Netherlands foreign office.

4) The article 9 of the agreement defines “Each convenant country should provide against the diplomacy or consulate officer to issue the attestation process in the state of attestation exemption of the relevant agreement .‘’ and also it is specified the document which is adhibited apostille commentary properly is no longer need another affirmance.

5) With the relevant agreement, it is possible to access the current list of the State parties and the information about each authority who capable for issue apostille commentary from the adres “http://www.hcch.nct/e/status/index.html”.

6)As is known the international agreements obtain the qualification of code following approval by the Turkish Grand National Assembly and gain the validity as our national law or acts.

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