Understanding the Process of Apostille or Attestation for Memorandum of Articles

The Memorandum of Articles is an important legal document that outlines the objectives and rules of a company. When a company in India wishes to authenticate this document for use in a foreign country, it needs to go through the process of apostille or attestation. Apostille is the simplified form of attestation, which is recognized by countries that are signatories to the Hague Convention.

To begin the process, the company must first draft and notarize the Memorandum of Articles. This involves creating a legal document that accurately reflects the company’s objectives and rules, and having it notarized by a registered notary public. Once notarized, the document is considered legally valid.

Process Of Memorandum Of Articles Apostille Or Attestation

1. Attestation from Notary Public

Attestation from a Notary Public is the first step in the process of document authentication. A Notary Public is a public officer authorised by the government to witness and certify the authenticity of documents. The role of a Notary Public is to verify the identity of the individuals signing the document, ensure that they are willingly and knowingly signing the document, and provide an official seal or stamp on the document.

When a document requires notarization, it means that the signatures on the document must be witnessed by a Notary Public. The Notary Public will verify the identity of the signatories and confirm that they are acting voluntarily and without any undue influence. The Notary Public will then affix their official seal or stamp on the document, along with their signature and the date of notarization.

2. Attestation from Chamber of Commerce

After the commercial documents attestation service has been notarized by a Notary Public, it may require further attestation from the Chamber of Commerce. The Chamber of Commerce is a collective organization representing businesses and industries, working towards fostering economic growth and advocating for the welfare of its members.

The purpose of obtaining attestation from the Chamber of Commerce is to authenticate the document’s origin. The Chamber of Commerce verifies that the document has been properly notarized and that the notary public is duly registered and authorized to perform notarial acts. This step is especially important for commercial documents, such as contracts or invoices, as it provides an additional level of assurance regarding the document’s authenticity and credibility.

The Chamber of Commerce will review the notarized document, verify its contents, and attach their own seal or stamp to indicate that the document has been attested by them. This attestation signifies that the document has undergone scrutiny by a reputable business organization and can be relied upon for its accuracy and validity.

3. Apostille by Ministry of External Affairs (MEA)

The final step in the document authentication process is obtaining an apostille from the Ministry of External Affairs (MEA). An apostille is a specialised certificate issued by the MEA that authenticates the document for use in countries that are part of The Hague Apostille Convention.

The purpose of apostille is to simplify the process of document verification between countries that are party to the Apostille Convention. Instead of going through lengthy and often complex procedures of embassy or consulate legalisation, an apostille ensures that a document issued in one participating country will be recognized as authentic in any other participating country.

To obtain an apostille, the document must first be notarized and attested by the Chamber of Commerce as mentioned earlier. Then, it needs to be submitted to the MEA along with the requisite application forms and fees. The MEA will review the document, verify the authenticity of the notary public’s signature, and affix the apostille certificate to the document. The apostille will typically consist of a stamp, seal, or sticker that contains specific information, such as the country of issue, date of issue, and a unique identification number.

Once the document has been apostilled by the MEA, it becomes legally recognized and valid for use in any country that is a party to the Hague Apostille Convention without the need for further legalization or embassy authentication. This simplifies the process of using the document internationally and ensures its acceptance by foreign authorities.

Documents Requirement

1. Memorandum of Articles

The Memorandum of Articles, also known as the Memorandum of Association, is a legal document that sets out the fundamental details and rules of a company. The Memorandum of Articles typically includes information such as the company’s name, registered office address, objectives and scope of business, share capital details, and the rights and liabilities of its members.

2. Passport photocopy (1st, last, and passport officer signed page) of Signatory in some cases

In certain cases, when undertaking company-related processes, it may be necessary to provide a passport photocopy of the signatory. This requirement typically arises when the company is engaging in international transactions or dealing with foreign entities. The passport photocopy serves as a form of identification and verification of the signatory’s identity.

Charges or Fees for Company Certificate Apostille Process