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What is an Apostille and How Does it Work?

In the past, apostille US federal paperwork that your government documents were authentic for use abroad was difficult and cumbersome. Fortunately, in 1961 a large number of countries agreed to simplify the process by signing the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, more commonly known as the Apostille convention. This treaty replaced the traditional legalization process with a simple certificate issued by the authority designated by the country where the document originated.

Essentially, the Apostille certifies that the signature or seal on a document is authentic. It also certifies that the individual signing or sealing the document is a recognized officer in the state where it was signed. In New York, the Secretary of State maintains specimen signatures for officers who work in certain levels of government such as County Clerks, so a document executed and certified by a County Clerk is eligible for an Apostille without further certification.

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However, the Apostille does not certify that the contents of the document are accurate. If you want a document to be considered valid in a foreign jurisdiction, it will need to undergo additional authentication such as a certificate of authenticity from the Department of State. The difference between a Certificate of Authentication and an Apostille is that the latter is only valid for countries that are parties to the 1961 Hague Convention, while the former can be used in any country that has an authentication agreement with the United States.

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