After Chile deposited the instrument of Accession in
December of 2015, the Apostille to the Hague Convention came into
effect in Chile on August 30, 2016, along with entry into effect of
Law No. 20,711 that implements the abovementioned Convention and
its Regulation (Supreme Decree No. 81 of 2015).
Under this Convention, Member States are exempted from
their duty to the legalize public documents that are to be
submitted within their territories, with the sole formality of
issuing a seal known as an Apostille.
Practically speaking, the process consists of placing
upon the document an apostille or annotation that certifies the
authenticity of the public document issued in a certain country
that is to be invoked in another. Thus, the Convention
recognizes the legal validity of documents between member states,
thereby eliminating the legalizations performed in the Chilean
Consulates located in such states. Additionally, legalizations are
no longer required in Chile before the Ministry of Foreign Affairs,
which was previously a requirement whenever such documents were
received in Chile from abroad.
This will allow public documents issued in Chile to be more
easily recognized as such in the Convention's member states,
provided that they have been duly apostilled before the relevant
Authority. Specifically, the power to "apostille"
documents in Chile will correspond to the Undersecretary of Justice
and its Regional Secretary Offices (Seremis), and in relation to
specific documents, certain members of the Ministries of Education,
Health, Foreign Affairs and the Civil Registry and Identification
Service will exercise such powers.
With the implementation of the "Apostille", if a
competent authority certifies the document, such circumstance will
suffice to prove its public nature, that is to say, it would be
certified that the signature or seal in the document belongs to a
public officer acting within his remit, and the authorities of the
country receiving the documents cannot demand more evidence
regarding their authenticity. However, it must be noted that this
step, as well as the legalization formality, does not certifies the
validity of the document's content.
Public documents are those issued by a public State
institution. By way of example, it is possible to mention
the following documents that can be the subject of an
Notarial documents, such as inter
alia powers of attorney, articles of incorporation of corporations
or other legal entities; private documents with certified
signatures and affidavits.
International Rogatory letters
Judgments and rulings of the Ordinary
Courts of Justice
Original or certified copies of
University degrees certificates
Lastly, the copulative requirements for the issuance of
an Apostille are the following:
A document issued by or authorized in
a State party to the Convention;
That such document is to be used in
another State party to the Convention; and
That such document has a public
character, in accordance with article one of the Convention.
Any person holding a public document the authenticity of
which is intended may request the issuance of an
Apostille. Its granting will be made by public means, at
the bearer's request, by such public authorities or bodies and
in such manner provided for in the Regulation. Its conduction and
registration shall be made online and in a centralized fashion,
through the Unique Electronic System of Apostilles.
The implementation of the "Apostille" entails a
significant change in the legalization of public documents issued
abroad or issued in Chile for their use outside the nation, which
broadly speaking, presents more strengths than weaknesses;
therefore, it acts in furtherance of trade and multicultural
interactions between the member states, as the barriers which
hinder the circulation of documents are broken down.
¡Ven a vernos a la Conferencia Anual de INTA 2017 en Barcelona!
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