45/1999 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that on 5 December. October 1961 was in
The Hague adopted Convention abolishing the requirement of Legalisation for foreign public
of documents.
With the Convention gave its assent, Parliament of the Czech Republic.
The instrument of accession of the Czech Republic to the Convention abolishing the requirement of
verification of foreign public documents of 5 November. October 1961 was deposited with the
Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the
The Convention, on 23 December 2005. June 1998.
At the same time as the deposit the instrument of accession with the depositary was notified
Recalling the provisions of article 6 of the Convention, that the body authorised to issue
authentication (Apostille) of documents, issued by the judicial authorities, including the instruments of
issued or authenticated by a notary, is the Ministry of Justice of the Czech
Republic, International Department. In other cases, documents issued by
Government authorities or other bodies, the body authorised to release
authentication (Apostille) of the Ministry of Foreign Affairs of the Czech Republic,
Consular Department.
Convention entered into force, pursuant to article 11 of 24 March 2003. January
1965. For the Czech Republic, the Convention shall enter into force in accordance with the
the text of article 12 on the day 16. March 1999. Czech translation of the Convention,
Announces at the same time.
CONVENTION
abolishing the requirement of Legalisation for foreign public documents
The Contracting States to this Convention,
intend to cancel the requirement of diplomatic or consular authentication
foreign public documents,
to that end, have decided to conclude a Convention and have agreed on the following
provisions:
Article 1
The Convention will be used on the public documents that have been issued on the territory of the
of one of the Contracting States and which must be produced on the territory of another
Contracting State.
For the purposes of the Convention shall be construed as a public document:
and) a document issued by a judicial authority of the State, including documents issued by State
Representative, a higher court or bailiff,
(b)) document issued by the administrative authorities,
c) notarial deeds,
(d)), which are the official statement provided with documents signed by a private
person, such as an official confirmation of registration of the Charter or certificate
the fact that the Charter was released on a certain date, and official and notarial
confirmation of the authenticity of the signature.
The Convention does not apply to:
a) documents issued by diplomatic or consular agents,
(b)) the administrative documents concerning the business transactions or customs directly.
Article 2
Each Contracting State shall exempt from the legalization of documents, subject to the
Convention and to be produced in its territory. For the purposes of this Convention,
the authentication means only the formal act by which diplomatic or
consular representatives of the country in which the Charter is to be submitted, the findings
the authenticity of the signature, the legitimacy of the person to sign the Charter, and if it is
necessary, the authenticity of the seal or stamp which is equipped with.
Article 3
The only formal act which may be required in order to confirm
the authenticity of the signature, the eligibility of a person to sign the Charter, and if it is
necessary, the authenticity of the seal or stamp which is equipped, the connection is
clauses referred to in article 4 of the Convention, the competent authority of the State, in
which the Charter was released.
The formal act referred to in the preceding paragraph cannot, however, be required,
If either of the applicable laws, regulations or practice in the State where the document is
presented, or an agreement between two or more Contracting States of this
an act to repeal or simplify or liberate the Charter of
obligation to verify.
Article 4
A clause under the first paragraph of article 3 of the Charter itself will be fitted with a
or it will be listed in the annex; the form will conform to the model annexed to the
The Convention.
However, the clause may be drawn up in the official language of the Office, it
claims to be. The standard terms which are contained in it, may be in another
language. The name of the "Apostille (Convention de La Haye du 5 octobre 1961)"
will be in the French language.
Article 5
Clause will be released at the request of the person who signed the Charter, or
any of its holder.
Duly completed clause validates the authenticity of the signature, the legitimacy of the person
to sign the Charter, and if it is necessary, the authenticity of the seal or stamp
on the Charter, which is equipped with.
The signature, seal or stamp on the clause shall be excluded from the next authentication.
Article 6
Each Contracting State shall designate the competent authorities which are authorised to issue
clauses referred to in the first paragraph of article 3.
This is a State party shall be obliged to inform the Ministry of foreign
Affairs of the Netherlands at the time of deposit of instruments of ratification of, or
access to, or the validity of the extension declaration. It will also inform you of the
any change related to this Office.
Article 7
Each Office designated under article 6 to maintain a register or a filing cabinet, in
which will be recorded these data on issued clauses:
1. the number and date of the clause,
2. the name of the person signing the public deed, its function or in
the case of unsigned documents the name of the Office, which capped the instrument seal
or stamp.
At the request of any person who can prove an interest in, the Office that issued
clause, shall verify that the particulars in the notice with the information in the register, or
a filing cabinet.
Article 8
If an agreement, Convention or treaty between two or more Contracting States
contains provisions on the formal elements, while verifying signature
seal or stamp, the Convention applied only in the case that these
the formal requirements are stricter than those provided for in articles 3 and 4 of the Convention.
Article 9
Each Member State shall take the necessary steps to prevent its certification
diplomatic and consular representatives in cases where the Convention provides for a
an exception from the obligation to verify.
Article 10
This Convention shall be open for signature by the States represented at the 9. the meetings of the
The Hague Conference on private international law and to Iceland, Ireland,
Liechtenstein and Turkey.
Convention shall be ratified and the instruments of ratification shall be deposited with
Ministry of Foreign Affairs of the Netherlands.
Article 11
This Convention shall enter into force after the deposit of the sixtieth day of the third
the instruments of ratification under the second paragraph of article 10.
The Convention shall enter into force for each State which has signed the Convention and
ratified later, the sixtieth day after the deposit of its instrument of ratification
of the Charter.
Article 12
Any State that is not listed in article 10, may accede to this
After the Convention has entered into force, pursuant to the first paragraph of article 11.
The instrument of accession shall be deposited with the Ministry of Foreign Affairs
The Netherlands.
Accession will be effective only for the relationship between the acceding State and
those Contracting States which have not within 6 months after receipt of the notification
referred to in subparagraph (d)) of article 15 against accession. Each of the objections
will be notified to the Ministry of Foreign Affairs of the Netherlands.
Convention enters into force between the acceding State and States which
raised an objection to the accession, the 60th day after the expiry of 6
months referred to in the preceding paragraph.
Article 13
Any State may at the time of signature, ratification or accession,
declare that it extends the territorial validity of this Convention to all the territories
or one or more of them, for whose international relations it is responsible. This
the Declaration will take effect as soon as the Convention enters for that State in
force.
At any time thereafter will be the extension of the territorial validity of the Convention announced
the competent State, the Ministry of Foreign Affairs of the Netherlands.
If the Declaration of extension of the State, which is made
signed and ratified the Convention for the territory of the Convention
in accordance with article 11. If the Declaration of extension of validity is
made by the State, which has acceded to the Convention, for the relevant territory shall enter
The Convention enters into force in accordance with article 12.
Article 14
This Convention shall remain in force for 5 years from the date of its entry into force
under the first paragraph of article 11, even for States which have ratified or
acceded to the Convention.
If the Convention will not be terminated, its validity will be tacitly renewed
every 5 years.
Each notice will be communicated to the Ministry of Foreign Affairs of the Netherlands
at least 6 months before the expiry of the five-year period.
Denunciation may be limited to certain territories to which the Convention applies.
Notice of termination will be effective only for the State which has notified it. For all
the other States parties to the Convention will remain in force.
Article 15
Ministry of Foreign Affairs of the Netherlands the States referred to in article 10
and the States which have acceded to the Convention in accordance with article 12, of:
a) notices referred to in the second paragraph of article 6,
b) signatures and ratifications in accordance with article 10,
(c)) the date from which this Convention shall enter into force pursuant to the first paragraph
Article 11,
d) approaches and objections under article 12 and the date approaches
have entered into force,
e) extensions under article 13 and the date on which the Act came into effect,
(f) the statements referred to in the third paragraph), article 14.
In witness whereof the undersigned, duly authorised thereto, have signed this Convention.
Done at the Hague on 5. October 1961, in French and English,
While the French text is decisive for the case of differences between the two
the lyrics, in a single copy which shall be deposited in the archives of the Government of the Netherlands
and the certified copy will be sent to each State through the diplomatic channel,
that was represented at the 9. session of the Hague Conference on private international
Law Act, and also Iceland, Iraq, Liechtenstein and Turkey.
XIII.
Model clauses for a so-called Apostille certificate validation
Verification will be a square dimension with the parties at least 9 cm long
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APOSTILLE
(Convention de La Haye du 5 octobre 1961)
1. Stát ...............................
This public document
2. was signed................................................
3. jehož funkce ..................................................
4. bears the stamp of.............................................
To SATISFY the
5. v .................... 6. dne ................................
7. kým ...........................................................
8 No. ..................................
9. around 10. the signature of the
stamp
............................... ...........................
