Regarding Access To The Czech Republic To The Convention Abolishing The Requirement Of Public Authentication. Documents

Original Language Title: o přístupu ČR k Úmluvě o zrušení požadavku ověřování veřej. listin

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=47630&nr=45~2F1999~20Sb.&ft=txt

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



------------------------------------------------------------------

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

............................... ...........................