Documents that are signed in South Africa but need to be used internationally, and vice versa, need to be signed and executed correctly, and you have to make sure they are legalised. These documents could include certified copies, academic certificates, birth certificates, marriage certificates, police clearance certificates, power of attorney, etc.
Signing/executing documents in South Africa for use outside of South Africa
In situations where countries are a part of The Hague Convention[i]
Your documents are now legal in all the countries that are part of The Hague Convention
In situations where countries are not a part of The Hague Convention
When a country is not part of The Hague Convention, two more steps are required.
Your documents can now be used in countries that are not part of The Hague Convention
Signing/executing documents outside of South Africa for use in South Africa
In South Africa, Rule 63 of the Uniform Rules of the High Court stipulates how documents signed outside of South Africa can be authenticated. These documents need a Certificate of Authentication from:
If the prescribed certificate is attached, you can use the document in South Africa.
AED Attorneys understands that every situation is unique, and although they strive to ensure that the information contained herein is accurate at the time of publishing, it cannot be guaranteed to be without errors or omissions. As a result, AED Attorneys, its employees, independent contractors, associates or third parties will under no circumstances accept liability or be held liable for any innocent or negligent actions or omissions in this article, which may result in any harm or liability flowing from the use of or the inability to use the information provided.
[i] The Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents is a multilateral treaty developed by the Hague Conference on Private International Law (HCCH). It replaced the cumbersome legislation that was required for cross-border mobility with a single formality – the issuance of an Apostille. Currently 120 are a part.
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