The apostille is a certificate that attests to the origin and authenticity of a public document that has previously been issued and signed by a public official in the country where it was issued.
Hague Convention
The Hague Convention of October 5, 1961, is an international agreement that regulates the certification of public documents between states. As a result of this agreement, the Hague Apostille procedure was established, whereby any public document bearing the Apostille has legal validity in other countries that are part of the agreement.
BENEFITS OF APOSTILLE
The Hague Apostille Convention aims to eliminate the chain of legalization and facilitates the circulation of public documents issued in one State party to the Convention that must be presented in another State party to the Convention.
In order to carry this out, the Convention replaces the often cumbersome and costly formalities.
Before the apostille, in Guatemala the procedure was called «chain of legalizations» or «passes of law,» which was characterized by a slow and lengthy process. This situation changed with the arrival of the apostille.
This convention greatly reduces the administrative procedures for individuals and businesses who, in the course of their border movements and activities, need to present public documents abroad.
It also facilitates the international circulation of these documents, which in turn helps to establish more favorable conditions for foreign investment and international trade.
Documents That Can Be Apostilled
- Documents issued by an authority or official linked to a State jurisdiction, including those from the Public Prosecutor's Office, a Clerk, Officer, or Judicial Agent.
- Administrative documents. (For example, birth, marriage, death certificates, and others of a similar nature)
- Notarized legal documents.
- Official certifications placed on private documents, such as registration records, date certainty checks, and signature authentications.
- Documents issued by secondary and higher education institutions, and other academic diplomas issued by public institutions.
- Commercial registry and patent certifications.
APOSTILLE PROCEDURE IN GUATEMALA
- Obtain the document where applicable.
- Carry out authentication with the issuing authority's superior authority or the competent one.
- Apostille the document at the Ministry of Foreign Affairs.
- After the apostille is carried out, the document will be ready for use in the destination country.
In some countries there is a fee for issuing an apostille, and prices vary.
In the case of Guatemala, the apostille is free of charge; however, the tax referred to in numeral 2 of Article 5 of the Law on Revenue Stamps and Special Parchment for Deeds, Decree Number 37-92 of the Congress of the Republic, must be paid. This tax must be covered by affixing revenue stamps to each certificate in the amount of Q. 10.00.
