How To Apostille Articles of Incorporation

Articles of incorporation are like the bible of every corporation. And if a company wishes to conduct business overseas, they will have to get these documents apostilled first.

In this post, we will talk about articles of incorporation, why it’s necessary to apostille, and how you can get it authenticated. Read on to know how the process goes!

What are Articles of Incorporation?

Articles of incorporation, also known as a certificate of incorporation or corporate charter, are legal documents filed with the appropriate government agency when forming a corporation.

These documents outline all the important info about the company, including its name, purpose, registered agent, and other important details. Also, the articles of incorporation establish the framework for how the corporation will operate. This includes the rights and responsibilities of its shareholders and directors.

On the other hand, the specific requirements for articles of incorporation may vary depending on the jurisdiction where you plan to incorporate your business. Usually, these documents must comply with the laws and regulations of the state or country where the corporation is being formed.

Why Apostille is Needed for Articles of Incorporation

When doing business internationally, you’ll need to provide proof of the legal existence and status of your company. This may be required for various reasons such as entering into contracts, opening bank accounts, or participating in foreign investment opportunities.

The definition of apostille is it’s a form of authentication that is recognized internationally. This simplifies the process of legally recognizing documents from one country to another. It is an official certificate issued by a designated authority that confirms the authenticity of the signature and seal on a document.

By apostilling your articles of incorporation, you ensure that they will be recognized as valid legal documents in foreign jurisdictions that are party to the Hague Apostille Convention. This eliminates the need for additional certifications or legalization procedures. Overall, it will help you save time and money.

How to Apostille Articles of Incorporation

Now that we’ve defined apostille in relation to the articles of incorporation, let’s explore the step-by-step process to obtain an apostille for these documents.

Step 1: Obtain Certified Copies

Before you call for apostille services, make sure that you have prepared all the necessary documents. First, you need certified copies of the articles of incorporation. Take note that photo-copied documents will not be accepted.

Next, you need to have all these documents notarized by a legitimate public notary. And if the articles of incorporation are in a different language, you’ll need document translation services for a true English translation. Both translation and notary are apostille requirements you need to accomplish. 

Step 2: Determine the Appropriate Authority

Once you have all the documents ready, the next step is to identify where to request the apostille or certificate of authentication. In the US, the Secretary of State provides apostille services for its jurisdiction. So if your articles of incorporation are issued in California, then you’ll request your apostille in California.

For other countries, you can inquire in your local government office about where to request the apostille certificate. This varies widely, but the apostille process is often similar here and abroad.

Step 3: Complete the Apostille Application

The next step is to fill out the application form to request a document apostille. In the US, you’ll need to submit a completed Form DS-4194 with the correct information. 

Make sure that you provide correct and complete information to prevent delays in your apostille authentication.

Step 4: Pay the Required Fees

After that, you have to pay the apostille document to finish the application. In the US, it usually costs $20 per document together with other applicable fees. For other countries, make sure you inquire to the concerned agencies to know how much you have to pay.

Step 5: Submit Your Application

Once you have completed the application form and gathered all necessary documents, it’s time to submit your application. In general, you can mail your documents or submit them in person, whichever you find more convenient.

Step 6: Wait for the processing of your apostilled documents

It could days to weeks to apostille a document, so be patient and wait for the government agency to accomplish your request. The same goes whether you’re authenticating articles of incorporation or requesting to apostille birth certificates.

Remember that the speed by which your apostille seal is processed depends on the volume of applications the office receives. In that case, it’s best for you to make a request as early as possible. This way, you’ll have enough time to fix any possible errors and meet your deadlines.

Anyway, if you need urgent apostille, you can avail of apostille services from private agencies. They charge an extra fee, but they can get your articles of incorporation apostilled on the same day or the next day. This is a very convenient option, especially if you don’t have the luxury of time to wait for standard processing.

Jurisdiction-Specific Requirements and Considerations

Now, let’s explore some jurisdiction-specific requirements and considerations for obtaining apostilles for articles of incorporation. Here’s a preview of the process in some territories where you might be planning to do business:

United States

In the United States, each state has its own rules and procedures for obtaining apostilles. Some states require notarization of the articles of incorporation before issuing the apostille, while others may require certification by the Secretary of State. It is crucial for you to research and follow the specific requirements of the state where your articles of incorporation were filed.

European Union

The European Union (EU) has a unified approach to apostille issuance through the Hague Apostille Convention. However, when dealing with EU member states, you should consider that some jurisdictions may require additional documents or certifications alongside the apostille. For example, certain countries may request a Certificate of Good Standing or a Certificate of Incumbency as supplementary evidence of a company’s status.

China

Obtaining an apostille for articles of incorporation in China can be a complex process. China requires an additional step called “consular legalization” before issuing the apostille. This involves submitting the authenticated documents to the Chinese embassy or consulate in the relevant jurisdiction. We advise that you seek professional assistance or consult with legal experts when navigating China’s specific requirements.

United Arab Emirates (UAE)

In the UAE, apostilles are obtained through a two-step process. First, the articles of incorporation must be notarized by a notary public in the issuing jurisdiction. Next, the document must be authenticated by the relevant governmental authority in the UAE. This process ensures that the document meets both local and international legal standards.

Brazil

In Brazil, the document must first be notarized by a Brazilian notary public or a Brazilian consulate abroad. Following notarization, the document must be submitted to the Federal Authentication Office (Registro Nacional) for apostille issuance.

Tips for a Smooth Apostille Process

To help ensure a smooth and efficient apostille process, consider the following tips:

• Research the Requirements. Before initiating the apostille process, you should look up the specific requirements and procedures in your jurisdiction. Understanding what is expected will help you gather all necessary documents and avoid unnecessary delays.

• Plan Ahead. Apostille processing times can vary widely, so it’s crucial to plan ahead and allow ample time to get apostilled documents. Rush processing options may be available but it comes at an additional cost.

• Check Document Validity. Before submitting your articles of incorporation for apostille, ensure that they are up-to-date and valid. Outdated or incomplete documents may result in rejection or delays. Also, destination countries may require the certified copies to be issued within a specific timeframe.

• Verify Accuracy. Double-check all the information you provide on the application form and other documents before submission. Take note that errors or inconsistencies can cause delays or rejections on your apostille request.

• Consider using a service. If you’re too busy to handle the apostille process on your own, you can hire a professional service to do it for you. Aside from apostille, most of these service providers also offer translation and notary services for a one-stop experience. This helps you save a lot of time from doing everything on your own.

Conclusion

Apostilling your articles of incorporation is an essential step if you plan to do business abroad. And to make sure that the process will be smooth sailing, you should ensure that you have all the necessary documents ready. Also, consider requesting an apostille as early as possible as government offices tend to receive large volumes of applications.

Whether you need California apostille or some other state or country, it’s important to know the process it entails. But if you want to skip the hassle, apostille services in Los Angeles are always a convenient option for your business.