The procedure of execution of documents submitted by nonresidents
Documents, issued and being valid in the territory of one country can be used in the territory of another only after their due verification, unless otherwise stated by international treaties.
Certification methods
1.Consulate legalization means witnessing the authenticity of functionary’s signature, his status and the stamp of the state authorities in documents and acts in order to use them in other country.
Foreign documents, intended to be used in the territory of the Russian Federation, can be legalized:
-in the territory of the country in which they were issued (first verified in the state authorities of the country where the document was issued and then legalized in the consulate body of the Russian Federation located in this country),
- right in the Russian Federation (first, a foreign document is verified in the diplomatic mission or the consulate institution of the country, where the document was issued and then it is legalized in the Consulate Department of the Ministry of Foreign Affairs of RF).
2. In order to facilitate the process of acceptance of foreign documents, the Hague Convention was signed.
The Bank accepts documents from member-states of the Convention if the documents are apostilled, i.e. bearing the stamp called ‘an apostille’ which verifiesthe authenticity of signature and status of the person who signed the document as well as the authenticity of the seal or the stamp with which the document is sealed, if necessary. The apostille is stamped either on the document itself or on a separate paper by the competent authority of the foreign country. A signature, a seal or a stamp contained by the apostille do not require any further certification.
APOSTILLE SAMPLE
Apostille is square, its side being not less that 9 cm
APOSTILLE
(Convention de la Haye du 5 octobre 1961)
1.Country…………………………………………………………………………………………………………
The present officialdocument
2.was signed by (Name) ………………………………………………………………………………………….
3.acting as (position)………………..…………………………………………………………
4.sealed by the stamp/seal (official name of the institution)
………………………………………………………………...………………………………………………………….
Certified
5.in the city of……..………………………………6.(date in figures)…… ………………………………………
7.(the name of the certifying institution) ……………………………………………………….………………..…
- reg. ¹ …………………………………………………………………………………………………….………….
- seal/stamp…………………………..10.signature ……………………………………………………
The Hague Convention does not cover the documents issued by diplomatic or consulate agents, administrative documents related directly to acommercial or customs deal (POA for settlement of transactions, over-border goods transfer, agreements, contracts for supply of goods and rendering services, for execution of work and payments). It means that the documents should be legalized in a regular manner when it it is presumed by the internal legislation of the country where the documents will be used.
Member-states of the Hague Convention of 1961 (as per 02.04.2001)
|
1. Australia |
|
35. Malawi |
52. Seychelles |
|
2. Austria |
19. Germany |
36. Malta |
53. Saint Kitts and Nevis |
|
3. Andorra |
20. Greece |
37. Marshall Isls |
54. Slovenia* |
|
4. Antigua and Barbuda |
21. Israel |
38. Mexico |
55. USA |
|
5. Argentina |
|
39. Namibia |
56. Surinam |
|
6. Armenia* |
23. Spain |
40. Netherlands |
57. Tonga |
|
7. Bahama Isls |
24. Italy |
41. Niue |
58. Trinidad and Tobago |
|
8. Barbados |
25. Kazakhstan |
42. New Zealand |
59. Turkey |
|
9. Byelorussia* |
26. Cyprus* |
43. Norway |
60. Fiji |
|
27. Columbia |
44. Panama |
61. Finland |
|
28. Latvia* |
45. Portugal |
62. France |
|
29. Lesotho |
46. Russia |
63. Croatia* |
|
30. Liberia |
47. Romania |
64. Czechia |
|
14. Botswana |
31. Liechtenstein |
48. Salvador |
65. Switzerland |
|
15. Brunei |
32. Luxemburg |
49. Samoa |
66. Sweden |
|
16. Great Britain |
33. Mauritius |
50. San-Marino |
67. Yugoslavia* |
|
17. Hungary* |
34. Macedonia* |
51. Swaziland |
68. Japan |
|
|
|
|
69. Republic of South Africa |
* - for the foreign countries marked, the following regulations listed below are valid.
According to the Statement of the Government of Great Britain, the Convention is implemented in the following territories: Jersey, Cayman Islands, Montserrat, Bailiwick Guernsey, Falkland Islands (in the dispute with Argentina), Saint Helena, Isle of Man, Turks and Caicos Isls, Bermuda Isls, Gibraltar, Virgin Isls, British Antarctic territory (in the dispute with Argentina), Hong Kong.
According to the treaty of the Âritish and the French Governments, the Convention is implemented in the English-French condominium of New Hebrides.
The Kingdom of the Netherlands made the announcement that the Convention is implemented in the Antilles of the Netherlands.
Legalization and apostille are not required for:
Member-states of the Convention forlegal assistance and legal relations on civil, domestic and criminal procedings of the year 1993 (as per 5.02.96)
1. Azerbaijan 4. Georgia 7. Moldova 10. Turkmenistan
2. Armenia 5. Kazakhstan 8. Russia 11. Uzbekistan
3. Byelorussia 6. Kyrghyzstan 9. Tadzhikistan 12. the Ukraine
Countries, with which Russia has concluded the agreements for legal assistance and legal relations on civil, domestic and criminal procedings
1. Azerbaijan 5. Vietnam 9. Cyprus 13. Kyrghyzstan 17. Mongolia 21. Tunis
2. Algeria 6. Greece* 10. China 14. Latvia 18. Yemen Republic 22. Finland*
3. Bulgaria 7. Iraq** 11. KPDR 15. Lithuania 19. Poland 23. Czech and Slovak Rep.***
4. Hungary 8. Italy* 12. Cuba 16. Moldova 20. Romania 24. Estonia
25. Rep. of Yugoslavia****
* - Only the documents transferred in the framework of legal assistance are submitted without legalisation.
** - The documents issued and certified in due form in the territory of one of the Negotiating Parties,
are submitted in the territory of the other Negotiating Party in accordance with its legislation.
*** - Valid between the Russian Federation, Czechia and Slovakia.
**** - Successor of SFRY.
Documents drawn out in English, French, German can be submitted without translation. Documents drawn out in other foreign languages as well as documents presented by the residents of foreign countries which are not member-states of the Hague Convention or the Convention for legal assistance and legal relations on civil, domestic and criminal procedings and which did not sign any bilateral agreements with the Russian Federation are to be submitted as translated in Russian and notarized.
Documents drawn in the territory of the Russian Federation can be notarized.