It is a fact that globalization and the activity of Mexican citizens in other countries has increased year by year, with an undeniable mobility and increase in cross-border interactions at a global level, resulting in a growing need to present public documents abroad. Consequently, it has been necessary to ensure the authenticity of public documents, through a process called “legalization”, which consists of several certifications, representing a costly and lengthy process that usually involves several authorities. For this reason, on October 5, 1961, the Hague Convention Overturning the Requirement of Legalization of Foreign Public Documents, or “Apostille Convention”, was signed.
In the words of the World Organization for Cross-border Cooperation in Civil and Commercial Matters, the Apostille Convention “replaces the traditional cumbersome process of legalization with a single formality: the issuance of a certificate called an Apostille. The Apostille, issued by the State of origin, certifies the authenticity of the origin of a public document so that it can be presented abroad, in another Contracting Party to the Convention”.
The Apostille Convention came into force on January 24, 1965, with only 5 States parties, and has grown to 126 signatory countries today. The most recent additions have been Canada, Pakistan, Rwanda, Senegal and China.
The affiliation of Canada and China is highlighted, as they are two of the countries with which Mexico has the greatest trade activity. China joined after signing and ratifying the Apostille Convention by means of an instrument of accession, indicating the effective date as November 7, 2023, with the sole reservation of applicability for the country of India and those that the People’s Republic of China does not recognize as sovereign States.
Likewise, Canada joined after signing and ratifying the Apostille Convention by means of a Decree of Accession indicating as effective date on January 11, 2024, without reserves.
The above brings the benefit of saving time and money to Mexican companies and individuals who need to file public documents in such countries, which, as it is emphasized, are quite a few.
These benefits are explicitly reflected in a considerable reduction of time and costs for Mexican nationals seeking this procedure, being able to reduce the processing time in what before could take up to more than a month, to a minimum of 2 working days, by reducing the process from four instances to only one. The economic benefit is not far behind, by reducing the amount of governmental fees.
In Mexico, the Apostille Certificate is provided at the State level by the respective Directorate of Certifications of each Federal Entity, and at the Federal level by the Office of the Official Gazette of the Federation, attached to the Secretary of State.
In VAHG we provide legal support to process particular apostilles and legalizations for your Company, having more than 10 years of experience in these proceedings before State and federal agencies for different countries and all kinds of documents for purposes such as the incorporation of companies abroad, immigration procedures, studies abroad, among others. In case you are interested in processing any of these certifications or require additional information, please contact one of our Intellectual Property Attorneys, mentioned below:
| Mariana González Sánchez | Partner
Intellectual Property +52 (33) 38171731 Ext 222|mgonzalez@vahg.mx |
Martín Arias Cuevas | Associate
Intellectual Property +52 (33) 38171731 Ext. 236 | ariascuevas@vahg.mx |
**The publication of this document does not constitute legal, accounting or professional advice of any kind, nor is it intended to be applicable to particular cases. This document only refers to laws applicable in Mexico.