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WHAT IS APOSTILLE?

Apostille is a document authentication system that verifies the legitimacy of a document, allowing it to be legally used in another country. The rules governing Apostille were established by the Hague Convention of October 6, 1961. Apostille procedures apply only among countries that are members or parties to the Hague Conference.

Under this system, a designated local authority, such as a ministry or relevant government institution, in a member or party state certifies the authenticity of a document. This certification allows the document to be legally recognized in another member or party state, in accordance with the rules set forth in the Hague Convention of October 6, 1961.

A document that has been authenticated with an Apostille certificate is recognized as a valid legal document in all member and party states of the Hague Conference.

COMPONENTS OF AN APOSTILLE CERTIFICATE

Apostille certificates must have the title written in French as follows:
"Apostille (Convention de La Haye du 5 Octobre 1961)".

An Apostille certificate contains the following elements:

1. Name of the country where the document was issued
2. Name of the person who signed the document
3. Capacity in which the person signed the document
4. Name of the authority whose seal/stamp is on the document
5. Place where the certification was made
6. Date of certification
7. Authority issuing the Apostille
8. Apostille reference number
9. Seal or stamp of the issuing authority
10. Signature of the issuing official

TURKEY AND THE APOSTILLE CONVENTION

The "Convention Abolishing the Requirement of Legalization for Foreign Public Documents" (Hague Apostille Convention of October 5, 1961) was published in the Official Gazette No. 18517 on September 16, 1984, and entered into force in Türkiye on September 29, 1985.

According to Article 1 of the Apostille Convention, an Apostille Certificate is required for official documents issued in one member state that will be used in another member state. The aim of this agreement is to simplify procedures, reduce bureaucratic burdens, and expedite document processing between contracting states.

Under the Convention, the following are classified as official documents eligible for Apostille certification:

A) Documents Eligible for Apostille Certification

• Documents issued by judicial authorities, including those issued by prosecutors, court clerks, and judiciary officers
• Administrative documents
• Notarial acts
• Official certifications of private documents, such as notarized attestations of signatures, registrations, or date verifications

B) Documents Not Eligible for Apostille Certification

• Documents issued by diplomatic or consular officers
• Administrative documents directly related to commercial or customs operations

According to Article 6 of the Apostille Convention, each contracting state must designate authorities responsible for issuing Apostille Certificates and notify the Ministry of Foreign Affairs of the Netherlands of any changes.

According to Article 9, a document properly authenticated with an Apostille Certificate does not require any additional certification by diplomatic or consular officers.

A list of member states and information on the competent authorities authorized to issue Apostille Certificates in each country can be found at:
👉http://www.hcch.net/index_en.php?act=conventions.authorities&cid=41

AUTHORITIES RESPONSIBLE FOR APOSTILLE CERTIFICATION IN TÜRKİYE

In Türkiye, the authorities responsible for issuing Apostille Certifications are:

• For administrative documents → Governorships, Deputy Governors, Directors of Legal Affairs, and District Governorates
• For judicial documents → Presidencies of Judicial Commissions at High Criminal Court Centers

TURKISH REGULATIONS ON APOSTILLE CERTIFICATION

The "General Directive No. 68/l" on the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Hague Apostille Convention) was updated on January 1, 2006, to reflect the latest list of member states and address implementation issues.

Key legislative milestones in Türkiye:

• May 8, 1962 → Türkiye signed the Hague Apostille Convention.
• June 20, 1984 → The Turkish Parliament (TBMM) ratified the convention via Law No. 3028.
• September 16, 1984 → The convention was published in the Official Gazette No. 18517.
• September 29, 1985 → The convention entered into force in Türkiye.

PURPOSE AND FUNCTION OF APOSTILLE CERTIFICATION

The Apostille Convention aims to eliminate the requirement for diplomatic or consular legalization for official documents exchanged between member states.

According to Article 1 of the convention, an Apostille Certificate is required for official documents issued in one contracting state that are intended for use in another contracting state.

According to Article 3, the only required verification for a document's authenticity is the Apostille Certificate, which confirms:

• The authenticity of the signature
• The official capacity of the signatory
• The identity of the seal or stamp on the document

According to Article 4, the Apostille Certificate must be:

• Attached directly to the document or affixed to an attached paper
• Written in the official language of the issuing country (a second language may be included)
• Titled in French as: "Apostille Convention de La Haye Du 5 Octobre 1961"

According to Articles 3 and 4, the Apostille Certificate must:

• Be at least 9 cm x 9 cm in size
• Be affixed directly onto the document or onto an attached sheet
• If issued separately, be attached to the original document with an official seal or stamp at the point of attachment

In compliance with Article 8 of Law No. 5352 (Criminal Records Law) and Article 10 of the Criminal Records Regulation, judicial records intended for use abroad must be Apostille-certified by the Presidencies of Judicial Commissions at High Criminal Court Centers.