Both legalisation, consular legalisation and getting an apostille involve similar processes.
If you create a document in Guernsey that is for use in another country, sometimes the receiving country will request that the document is apostilled or legalised. It is simply another form of verification. Basically the notary will be asked to confirm that the document was properly executed in accordance with Guernsey law, usually before them, by a specific person or persons. The notary will usually be required to check and certify the form of the document in addition to the capacity, authority and identity of the person or persons executing the document. The notary will then attach their seal and signature to the document. The notary’s seal and signature will then be verified by HM Greffier for confirmation to the receiving country that the notary is authorised to practice in the Bailiwick of Guernsey.
Often this process is sufficient. The reviewing country will accept this verification as the truth. Indeed this procedure is all that is required for an apostille under the Hague Convention 1961 (Hague Convention).
The term consular legalisation or attestation, is the process of authenticating a document at an embassy/high commission of the country where a document is going to be used. It effectively involves a second stage to the apostille/legalisation process.
Background to apostilles in Guernsey
The Hague Convention of 1961 abolished the need for documents being sent between Hague Convention member states to be signed by a consular or diplomatic agent before being accepted for use. Instead, Hague Convention signatories agreed to accept documents issued in another contracting state, provided a certificate known as an “apostille” was attached to it. The apostille, when signed and sealed by an authorised signatory, confirms the authenticity of the signature, stamp and/or seal on the document.
Originally, all documents leaving Guernsey that required legalisation for use overseas had to be sent to the Foreign Office in London. Since 1999, the process for undertaking the legalisations and apostilles has been delegated to the Office of HM Greffier.
In Guernsey you have to get an apostille first before you can seek consular legalisation in any event. You will be asked where your document is to be used so that the correct certification is given. The process is the same.
You can see which countries are signatories to the Hague Convention by following this link: HCCH | HCCH Members
It should be noted however that some Hague Convention states may still also seek consular legalisation in addition to the standard apostille (this is becoming less common, but it is always worth checking before you start the process). When a document from Guernsey is to be presented in a country which is not a contracting Hague Convention state, the document must then also be presented to the embassy or high commission of the non-member country for further endorsement and additional fees.
Apostille costs in Guernsey
The Greffe charges £40 for each apostille and the turnaround time is 24 hours. Should you want the document urgently there is an expeditated fee of £80 and the turn around time is 15 minutes.
The cost of legalisation depends very much on the country it is going to. Sometimes these fees are hundreds of pounds, and could potentially be an unfactored cost to any transaction or matter.
Sometimes the consulates have specific requirements such as requesting that each document for certification requires its own legalisation certification rather than accepting several documents as one exhibit to a document, for example an affidavit. Again this could lead to unforeseen costs and should be highlighted at the outset.
My favourite consulate protocol for legalisation is very prescriptive. It reminds me of the instructions you used to get on the side of your morning cereal box if you wanted to apply for a bowl with your favourite cereal eating tiger or monkey on it! This particular consulate (notwithstanding the fact that it is highly sophisticated, wealthy and probably owns half of London) requires a £15 postal order or the physical cash per document, the original document and a self-addressed envelope. Remarkably each time I have done this the legalised document has been returned to me pretty promptly, indeed it takes longer to get an English stamp in Guernsey for my self-addressed envelope!
Documents which can be legalised/apostilled without using a notary
You can get some documents legalised without the need to contact a notary. In particular where they have been issued by a:
- Bailiwick court and sealed with a wet ink court seal
- Official Greffe documents, such as official copies of the birth, marriage or death registers
- Hard copy company certificates issued by the Guernsey Companies Registry
- Government documents which have been signed by an official (like the Bailiff, HM Greffier, HM Comptroller or a jurat) whose signature is recognised by the Greffe for the purpose of legalisations.
For further information, please contact:
Lisa Upham, Appleby
lupham@applebyglobal.com
