The Apostille – Making a document legal for use in Mexico

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.

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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.

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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.

ABOUT THE AUTHOR:
Linda Neil is the founder of the Settlement Company™. It is the first company in Mexico dedicated to counseling buyers and sellers and to supervising the closings and registrations of real estate for non-Mexicans. The company provides title investigations, due diligence and legal services for buyers and sellers, as required, for properties and corporations holding real estate located anywhere in Mexico.

For further information and references, please contact Linda Neil.