Businesses operating outside their home countries must produce many documents for governments of the countries where they want to do business—and every country of use has its own rules on how those documents must be authenticated and legalized. Learn the basics of the process and how CSC’s Legalization Team can help ensure your paperwork is always in good order.
For businesses operating internationally, managing documentation requirements is a familiar and often complex challenge. Companies are frequently required to provide a range of official documents, including bank statements, legal rulings, and health certificates. Errors in these documents can lead to delays, additional expenses, or penalties.
Fortunately, providing documents to operate abroad doesn’t need to be either stressful or cumbersome. With close attention to detail, you can master the arcane world of apostille, authentication, and legalization. Or you can take a much easier approach and let the legalization experts at CSC serve as your trusted partners to help prepare documents to pass the closest inspection.
What’s the first step in international document compliance?
Whether you take the DIY approach or turn the problem over to CSC’s experts, here’s what you need to know.
- Know your country of use: Every country has its own rules for the documents it will accept, the signatures and proofs of authenticity it demands, and the processes you must follow. Consult your local counsel and make sure you know from the start what your intended country requires.
- Know your documents: The papers you’re likely to need if you’re headquartered in the United States fall into three categories, each with a different treatment:
- Non-government notarized documents, such as bank letters, affidavits, powers of attorney, or deeds of assignment. These must generally be properly notarized by a valid U.S. notary who is acceptable to the country of use.
- State-issued documents, such as certificates of good standing or court documents. These must generally be certified copies on agency or court letterhead with the name, title, and signature of the issuing officer.
- Federally issued documents, from any federal agency or court, such as Food and Drug Administration certificates to foreign governments or Internal Revenue Service certificates of U.S. residency (Form 6166). These too must be certified and properly signed copies.
- Start early: The process of getting documents approved for use in other countries involves many steps and can take weeks—if not months. Allow plenty of time.
Does your country of use follow the Hague Apostille Convention?
When it comes to authenticating documents, the world’s countries fall into two camps:
- Members of the Hague Apostille Convention. More than 125 jurisdictions have agreed to accept documents authenticated and approved by the home country when both countries belong to this Convention. The process is known as apostille.
- Non-apostille countries that require more steps. Documents must be authenticated by the home country and legalized by proper authorities—usually an embassy or consulate located in the originating country—of the country of use.
The United States is a member of the Hague Apostille Convention, so your document production will be simpler when you’re operating in another apostille country.
How do you get an apostille?
Let’s start with the apostille system, because many of the initial steps are the same.
- Know your home state’s rules. For non-government documents, such as academic transcripts, some state agencies and institutions require use of a notary from an approved list. For state-issued documents, several states—most notably New York—require county authentication prior to state certification. Current turnaround times vary widely—from two days in Delaware, two weeks in New York, to a month in North Carolina.
- Know who needs to issue your apostille. State-issued documents receive an apostille from the state’s secretary of state or equivalent. Federally issued documents and notarized non-government documents must be sent to the U.S. Department of State for an apostille.
- Know the exceptions. Even with the Hague Convention, the apostille process is riddled with country-specific exceptions. Saudi Arabia and Pakistan require additional certification by their own agencies or embassies. China joined the Hague Convention in 2023, but sometimes still rejects apostilled documents for sufficiency reasons.
- Be prepared to produce more. Countries may require identification information for company officers or supplemental documents.
- Know your CSC point of contact. Your CSC client representative can put you in touch with our legalization experts. Or reach out directly to legalization@cscglobal.com.
How do you authenticate and legalize for non-apostille countries?
For non-apostille countries, documents must be authenticated in the home country and legalized by an embassy or consulate of the country of use. Some tips:
- Double down on your country of use’s rules. In this approach, it’s even more important to understand what your country of use requires to make a document acceptable. Bangladesh and Lebanon require letters of authorization. For documents bound for Taiwan, you must deal with the Taipei Economic and Cultural Representative Office (TECRO). The TECRO In Washington, D.C. (similar to an embassy) and each individual TECO location (similar to a consulate) has its own unique form and supporting document requirements. Consult your local counsel and your CSC team before you start.
- Be prepared for delays and requests for supplemental documents.
- Keep your CSC contact on speed dial.
How can CSC help prepare your documents to go abroad?
If by now you’re feeling overwhelmed, CSC’s Legalization Team works with this process constantly and can guide you through the intricacies. They handle contact with state and federal authorities as well as embassies and consulates, and quickly relay requests for additional documentation.
Check out our webinar on dissolutions and withdrawals to learn more.
