To understand what an apostille is, we need to start from legalization.
La legalization consists in the certification of the legal status of the public official who has affixed his signature to a document (deeds, copies and extracts), as well as of the authenticity of the signature itself. In Italy, this authentication of the signature is obtained at the Public Prosecutor's Office or at the Prefecture. Then the legalized document has to be brought to the Consulate of the country where the document has to be presented. The consulate in turn legalizes the signature of the prosecutor or prefect affixed to the document.
The states adhering to The Hague Convention of 5 October 1961 simplify this procedure using l 'apostille instead of legalization. Unlike legalisation, the apostille requires only a special and recognizable stamp attesting the authenticity of the document and the legal quality of the issuing authority and does not require passage to the Consulate.
You can find the countries adhering to the Hague Convention at the following link:
https://www.prefettura.it/ FILES/docs/1173/Hague_Convention_Application_State.pdf
When legalization or apostille is required
The document to be translated must have legalization or apostille ;depending on the states in which it is to be asserted (see link above). Normally for EU countries this formality is not necessary, although sometimes it is still required. For official documents to be translated originating from or to be presented in non-EU countries, however, it is always required.
Whether the document should be enforced abroad, once translated and sworn, it is necessary to affix the legalization or apostille (depending on the state in which it is to be delivered the document) also on the translation (the signature of the Bailiff who has signed the translator's oath statement).
A few examples of documents that require apostille: criminal records, pending charges, registry certificates.
Apostille: where is it done in Italy
In Italy, legalization or apostille is the responsibility of Prefettura U.T.G., while for deeds signed by Notaries, Clerks and Judicial Officials it is the of Procura della Repubblica.
| Documents for Italy | 1) Foreign original document (with legalization or apostille if from non-EU countries) 2) Certified translation (The legalization or apostille on translation is NOT needed) |
|
Documents for abroad (EU) |
1) Original Italian document 2) Sworn translation |
| Documents for abroad (non-EU) |
1) Original Italian document with legalization or apostille 2) Certified translation 3) Legalization or apostille on the translation |
As mentioned above, the legalization/apostille in Italy is obtained in the Prefecture or Public Prosecutor's Office depending on the case.
As far as abroad is concerned, the legalization of deeds and documents formed abroad and to be enforced in Italy it must be carried out by the Italian diplomatic or consular representation present in the country that drafted the document, while the apostille is required from the competent bodies in the various countries.
Apostille FAQs
Apostille: what is it?
The Apostille is a certification that confirms the authenticity of the signature, seal or stamp on the document to which it is attached.
Apostille: where is it done in Italy?
The apostille is obtained at the Public Prosecutor's Office or at the Prefecture, depending on the signature to be certified. The signatures of notaries, chancellery officials and bailiffs are deposited in the Public Prosecutor's Office, while the signatures of civil status officers, school officials and the coroner are deposited in the Prefecture.
How to obtain an Apostille in Italy / Who issues it
As explained above, in Italy the Apostille is issued by the Public Prosecutor's Office or by the Prefecture for the countries adhering to the Convention Hague.
Legalization: what it is and where it is done
Legalization, like the Apostille, confirms the authenticity of the signature, seal or stamp on the document to which is attached, but for countries not party to the Hague Convention. It is always obtained in the Public Prosecutor's Office or Prefecture like the Apostille. Subsequently, the signature of the prosecutor or prefect must in turn be legalized at the competent consulate.