Apostille in Azerbaijan
What is an Азербайджанский apostille?
Azerbaijan joined the apostille convention in 2004. In 2005, the Apostille officially came into force in Azerbaijan. The Apostille in Azerbaijan has a standardized form according to The Hague Convention – According to The Hague Convention of 1961, the size of the apostille must be at least 9 cm in length and at least 9 cm in width.
The size of the apostille may vary slightly in different countries, but overall it must comply with The Hague Convention. In any case, the apostille should be clear and easily readable to ensure its effectiveness when using documents abroad.
To affix an apostille, it is necessary to provide:
the original and a copy of the official document,
the original and a copy of the identity document,
the original and a copy of the power of attorney, if the document owner is applying through a representative.
According to the rules, official documents belonging to an individual, for affixing an apostille, are issued in the name of the person who signed the document, or the person to whom the document belongs, including close relatives of this person (husband, wife, parents and children, grandparents, grandchildren, and sisters) based on the person’s statement.
What information does the Azerbaijani apostille contain?
Documents submitted for the issuance of an apostille are registered in the “Book of registration of documents directly submitted to the Ministry of Justice for the issuance of a certificate (apostille)” with the following information:
number;
document entry date;
name, number, and date of issue of the document;
surname of the person who signed the official document;
position of the person who signed the official document, and in the case of unsigned documents – the name of the body that affixed the seal or stamp;
surname, name, patronymic, and address of the person presenting the document;
surname of the person who signed the certificate (apostille);
number and date of issue of the certificate (apostille);
details of the return of documents (signature, date, etc.).
What are the requirements for documents submitted for an apostille?
An apostille is not affixed in the following cases:
– Apostilles are not issued for documents that contradict international treaties and legislative acts of the Republic of Azerbaijan,
– It is not allowed to add additional information to documents submitted for apostille, strike out incomplete lines, and other blank spaces.
– Apostilles are not issued for documents where an official document bears a signature, seal, or stamp, the samples of which are not in the Ministry of Foreign Affairs of the Republic of Azerbaijan,
– An apostille is not affixed to an official document not prepared in the form established by legislation,
– An apostille is not affixed to documents where a signature, seal, or stamp is damaged or missing.
Official documents consisting of multiple pages are stitched and numbered, and the stitched part of the document is signed by an authorized person and sealed.
The authorized person of the Ministry of Foreign Affairs of the Republic of Azerbaijan checks the compliance of official documents for affixing an apostille.
A document that has been denied an apostille is returned to the applicant by the authorized person of the Ministry of Foreign Affairs of the Republic of Azerbaijan within 3 (three) working days with an explanation of the reason for the refusal.
Every country that is a party to the Hague Convention “Abolishing the Requirement of Legalisation for Foreign Public Documents”, determines which documents are subject to apostillization. The following documents are primarily issued with an apostille:
· Documents issued by state authorities;
· Judicial documents;
· Notarially certified documents (including notarially certified copies or translations of documents issued by a legal entity; documents signed by an individual if their signature is notarially certified).
How can you check an apostille online in Azerbaijan? The Azerbaijani apostille can be verified on the website of the Ministry of Justice of Azerbaijan through a special form:
Our service Azerbaijan Apostille will help you affix the Apostille stamp on your documents.
On which documents is an apostille not affixed in Azerbaijan?
Documents prepared by diplomatic and consular agents, administrative documents directly related to customs and commercial operations, are not apostilled.
For example, if you have obtained a birth certificate from the Azerbaijani consulate (issued by the Azerbaijani consulate), then it is not possible to affix an Apostille to this document.
Issuance of documents for apostille or legalization
The affixing of an apostille or legalization can be carried out in relation to the original document or its notarially certified copy or translation.
The document can be submitted to the Ministry of Justice in the following ways:
Directly by the document owner;
! By proxy through our agency (if you are abroad or do not want to handle these issues yourself);
Through notary offices;
Through “ASAN services” centers;
By third parties.
Requirements for documents for apostille affixing
It is not allowed to include any additional information in documents submitted for apostille, to have lines not filled in completely, and other gaps.
Documents consisting of several pages must be stitched together, pages should be numbered, signed by the official who issued the document, and stamped.
The signature includes the name of the position of the person who signed the document, their personal signature, first name, and surname. In the event of a temporary absence of the official who is supposed to sign the document, the document is signed by his/her deputy or by someone acting on their behalf. In this case, the actual position, name, and surname of the person signing the document should be specified. It’s forbidden to sign a document by writing the word “instead” or by drawing a line before the position name.
Note: In accordance with the requirements of the legislation on notarial actions, documents with violations and drafts, unapproved applications, documents whose text cannot be read due to damage, or documents written in pencil are not accepted.
Texts of contracts and documents approved by a notary must be written clearly, dates and periods related to the document text must be written out at least once in words, and the names of legal entities must be written without abbreviations, indicating their address and phone number.
The first name, last name, and middle name of individuals must be written in full, and their place of residence should also be specified.
If documents spread across several pages are not numbered, not returned, and not verified by the signature of the official and the stamp of the institution, enterprise, and organization that issued the document, such documents are also not accepted.
Which body affixes the apostille to documents?
The Ministry of Justice is determined as the competent authority to affix apostille on the following documents:
Documents issued by courts;
Prosecutor’s office documents;
Judicial bodies’ documents;
Notarially certified documents;
Documents for state registration of citizenship status.
For other documents, the competent authority to affix the apostille is determined to be the Ministry of Foreign Affairs.
In which institution is the document legalized?
Consular legalization functions are performed by the Consular Department of the Ministry of Foreign Affairs in the Republic of Azerbaijan and the consulates of the Republic of Azerbaijan in foreign countries.
For the consular legalization of the original document, one needs to apply to the Ministry of Foreign Affairs (MFA).
To legalize a copy or translation of a document, first, the authenticity of the translator’s signature on its copy and translation is notarially certified. In this document, the authenticity of the notary’s signature and the seal belonging to that notary office is confirmed by the Ministry of Justice. After that, the document is legalized in the consular institution of the MFA and in the consular service of the state in our country, which will be used on its territory.
Which countries are part of the Apostille? With which countries does Azerbaijan use the Apostille?
You can always find the list of countries where an Azerbaijani apostille needs to be presented by following the link to the official site of the Hague Convention on the Apostille – https://www.hcch.net
With the countries that are not listed, Azerbaijan has a procedure for consular legalization – https://apostille.expert/легализация/