The Apostille: The Vehicle for Making a Document Legal for Use in Mexico

In Mexico, the ONLY authority permitted to draft a deed transferring real property or an interest in real property (such as the fideicomiso) is the Mexican Notary Public. This person is different from a Notary Public in the United States where a simple exam, bond, and a rubber stamp can make a Notary Public out of most people. Nor it is similar to Canada's Notary Public who must meet a few more stringent requirements to qualify. Not so many, however as the Mexican Notary.

The Notary Public in Mexico must be an attorney, must have a minimum of five years of practical experience in the profession, must pass a highly technical examination AND then be appointed as a Notary Public by the Governor of the state in which he or she is working.

The number of Notaries Public depends upon the number of people in the state. A new Notary is appointed only as the population grows above a certain size.

The Mexican Notary Public has many duties, but one of the most important is the drafting of deeds for transfer of real property. Anytime a signature is required on a deed of transfer it must be made before the Mexican Notary Public.

As of now, foreigners buying and selling their rights in property in the ´"restricted" zone, through fideicomiso rights, do not always have to appear before the Mexican Notary Public in order to transfer their interest in the real estate. These transfers in many cases may be made by having instructions signed in the buyer or seller's place of residence and "legalized" or "authenticated" for use in Mexico. This same process can be used for a power of attorney document in the event buyer´s or seller's signature is required.

And what is a "legalized" or "authenticated" document?

No matter what the document, it must be signed before a Notary Public in the place of residence; California, Arizona, Calgary, Vancouver.......or wherever. Once signed before the Notary Public in the place of residence it must be "legalized" or "authenticated" in order to be considered as valid in Mexico.

This means that a designated public official performs a government act and certifies to the genuineness of the signature and the seal, and the position of the official who has executed, issued or certified a copy of a document.

In 1981 the Convention Abolishing the Requirement of Legalization for Foreign Public Documents entered into force in the United States. Under the Convention, (signed in the Hague, Holland), signatory countries, including both the United States and Mexico, but not Canada, agreed to mutually recognize each other's "public documents" so long as such documents are authenticated by an apostille, a form of internationally recognized notarization. The apostille ensures that public documents issued in one signatory country will be recognized as valid in another signatory country.

Thus, if the document required for a Mexican transaction has been notarized in the United States it must then be sent to the nearest office of the Secretary of State and an "Apostille" obtained. A search under state government in the yellow pages should reveal the telephone and location of the closest office of the Secretary of State. The document to be authenticated through an Apostille can probably be sent through the mail and should not cost more than $25.00 U.S. dlls. It is important to allow for extra time to accomplish this step.

Other countries that are signatories to the Hague Convention are, to name a few; Germany, Argentina, Australia, Austria, Bahamas, Spain, Israel, France, Greece and Norway.

All countries which are not signatories to the Hague Convention, such as Canada, must authenticate documents to be used in Mexico by obtaining a "legalization" or ratification of their document from the nearest Mexican Consulate. It maintains a list of authorized Notaries with samples of their signatures and is able to ratify the authenticity of the Notary's signature.

Many people object to the time involved and the additional step required to "authenticate" a signature for legal use in Mexico. It is less expensive and less time consuming, however, than making a special trip to Mexico in order to sign a document before a Mexican Notary.

Linda Jones Neil is the founder of The Settlement Company. Established in 1991, it is the first escrow company in Mexico, and is dedicated to counseling buyers and sellers, acting as closing agent, processing the trusts and title transfers of Mexican real estate for foreign buyers and sellers for properties located ANYWHERE in Mexico and, now, for payment of taxes on rental income for foreigners with properties in Mexico.. Ms. Neil is also licensed as a Real Estate Broker in California, is an Accredited Buyer Representative through NAR, and has over thirty five years of experience in all aspects of Mexican real estate. She holds membership in AMPI, NAR and FIABCI and PROFECO Certificate 00063/96. She has served two terms on the AMPI National Advisory Council.
http://www.settlement-co.com/
http://www.lindaneil.com/

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What Is an Apostille and Why Do I Need One?

Consider the following question. If you were presented with a document from another country how would you know that it was genuine? This problem is made even more difficult if the document is not written in your own language. Unfortunately we live in a world where documents can forged, recreated, adjusted and ultimately misused. The Hague Convention introduced the apostille service to assist member countries in the certification of documents that are required in an official capacity.

There are many examples of when an apostille may be required. If you were to marry overseas you may need to get an apostille certificate on your birth certificate or a sworn affidavit stating that you are single and legally allowed to marry. People purchasing properties abroad often need to legalise a power of attorney that allows an individual to act on your behalf during the transaction. If you have changed your name by deed poll and looking to move abroad the local government mat need to see a legalised version of your name change deed poll. If seeking employment overseas you may need an apostille certificate on a criminal record check or on your educational documents.

The requests for apostille certificates are increasing. More than 60 countries now recognise the apostille certificate and its use is becoming more widespread. If you need an apostille certificate then you will need to find a service provider in the country that the document originates from. For example, it is not normally possible to legalise documents within the UK that were created in India.

Before a document can be processed with the legalisation office it must be officially certified and signed by a notary public or solicitor, be an official government document or it should bear the seal or stamp of a relevant authority. Common examples of documents includes general registry documents, court papers and academic results.

Over 60 countries have agreed to this specific convention on Apostille Certificates, including the UK, most of Europe and the USA. The list of countries continues to grow and the apostille is increasingly being requested by more governments and organisations within each country.

Whilst the legalisation of documents may be seen as bureaucratic by some it has been welcomed by many countries that need to check the paperwork of another member state. The apostille is not a foolproof way of checking documents but it provides some assurance and helps to reduce the burden on local courts and embassies certifying documents.

Mike Harris provides legalisation services to thousands of companies and individuals requiring the Hague Apostille. specializing in supplying apostille certificates and embassy legalisation in the UK.

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