HAGUE CONVENTION

On August 14, 2016, the Convention on the Abolishment of the Foreign Public Documents Legalization Requirement (“Hague Convention”) entered into force in Brazil, enacted by Decree No. 8,660, dated as of January 29, 2016.

The accession of Brazil to the Hague Convention ensures significant reduction of processing time, taking into account that the processing of the document in several instances for the legalization is no longer necessary. Hence, the interested party shall go to an authorized notary and request the issuance of a “Hague Apostille”, which is a certificate that attests the origin of the public document. Thus, the foremost purpose of the Hague Convention is to speed up and simplify the required procedures for mutual recognition of public documents in the country of origin and abroad.

For the purposes of the abovementioned Convention, the following are deemed to be public documents:
i. Documents emanating from an authority or an official connected with the State courts or tribunals, including those emanating from a public prosecutor, a court’s clerk or a sworn bailiff;
ii. Administrative documents;
iii. Notarial acts;
iv. Official certificates placed on private documents, such as certificates proving the registration of a document or its existence on a certain date and official and notarial authentications of signatures (including powers of attorney duly notarized).

It is worth highlighting that Article 1 of the Hague Convention shall not apply to: (i) documents executed by diplomatic or consular agents; and (ii) administrative documents directly dealing with commercial or customs transactions.

In this context, in accordance with the Convention, the only formality that may be required in order to certify the authenticity of the signature, the capacity in which the person signing the document has acted and the identity of the seal or stamp which it bears, if applicable, is the affixing of the certificate described in Article 4, issued by the competent authority of the State from which the document emanates. Such formality shall be waived in case the country in which the document shall be effective exempts its application. Regarding the signature, seal and stamp on the certificate, the Convention States they are exempt from any further certification.

The Corporate Department of Kestener, Granja & Vieira Advogados is available to provide any further information required on this subject.

This article is intended exclusively to provide information and does not contain any opinión, recommendation or legal advice from KGV Advogados in relation to the matters herein addressed. Copyrights are reserved to Kestener, Granja & Vieira Advogados.