FOREIGNERS AND THE NOTARY

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Apostille

This is a simplified – but absolutely rigid - form of legalization (in the sense that it must have  exactly all the formal characteristics stipulated in the sample attached to the Hague Convention of 5/10/1961 which governs it). It is valid in all the countries that have signed the Hague Convention of 5 October 1961 and replaces legalization amongst those countries alone.

Like legalization, an apostille may be indispensable for a foreign public document to be valid in Italy.

Like legalization, an apostille consists of the certification of the legal status of the public official (or functionary) who has signed the document and the authenticity of his seal or stamp. It does not guarantee the validity or force of the document in its country of origin.

Each signatory country indicates which authorities are responsible for issuing the apostille. As far as Italy is concerned: notarial and judicial documents and those attesting marital status are certified by the Procurator of the Republic at the Tribunals in whose jurisdictions the documents are created.

For administrative documents (signature of the mayor etc.), instead, it is the responsibility of the Prefect of the place in which the document is issued (exceptions are the Aosta Valley, where this is a responsibility of the President of the Region, and the Provinces of Trento and Bolzano, where it is the responsibility of the Government Commissioner).

An apostille is not necessary when the country of origin of the foreign public document is a signatory to a bi- or multi-lateral international convention that obviates the need for it.