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Signatures in Foreign Countries

7/3/2015

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There are specific requirements on how documents are signed in foreign countries.  It must be certified or notarized and there are usually three alternatives:

A Consular Officer:  Signature acknowledgements outside the United States are typically certified by a diplomatic or consular officer of the US, using a prescribed form under the official seal.  What this means is the signer must take the document to a US embassy or consul to sign.

Apostille:  The Hague Convention Abolishing the Requirement of the legislation for Foreign Public Documents provided that a certificate by an official authorized to provide such certifications can be used to certify a document without the consular or diplomatic form of acknowledgement.  This certificate is called an “Apostille” and is attached to the document.  The Apostille is in a specific form authorized by the Hague Convention.  The official who provides the certificate must be designated to issue an Apostille by the country in which the signature is obtained.  You can get a list of foreign countries that are parties to the Hague Convention as well as a list of competent authorities designed to issue Apostilles within those countries by going to:  www.hcch.net.

Certificate of Foreign Notary Authority:  Hawaii statues allow a diplomatic consular officer of a foreign country, located in Hawaii, to provide a certification that the person taking the original acknowledgement was duly authorized by the laws of the foreign country and that it was taken in accordance with the laws of that country.  For example, the French Consulate General in Hawaii may certify that the acknowledgement by an official in France was done in accordance with the laws of France and that the official was authorized to take the acknowledgement.
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