This refers to countries which are party to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents done at the Hague on 5 October 1961. If the jurisdiction where the declaration was made is not party to the EC Convention but is a party to the Hague Convention, then provided that the declaration is signed in the foreign jurisdiction before a person entitled to administer oaths in that jurisdiction, such as a notary public, the only form of legalisation that is required is by way of single certificate, called an "apostille", stamped on or attached to the declaration, which is obtainable from the designated competent authority for the jurisdiction in question. It is a matter for the person submitting the declaration to the CRO to obtain the necessary apostille.
The apostille, when fully completed by the relevant designated competent authority, will certify the authenticity of the signature, the capacity in which the person signing the declaration has acted, and where appropriate, the identity of the seal or stamp which the declaration bears. The apostille itself is exempt from all certification.
A statutory declaration made in a Hague Convention country (not also being a party to the EC Convention) must be submitted to the CRO with the apostille in order to be accepted for registration. For example, if a statutory declaration for the purposes of the Companies Acts is made within the United Kingdom, say London, before a person empowered to administer oaths in that jurisdiction (for instance, an English practising solicitor), such execution must be authenticated. This means that an apostille must be obtained from the Legalisation Office, Foreign and Commonwealth Office, Milton Keynes (the designated competent authority for the UK) and submitted to the CRO with the declaration in question.
For an up to date list of Hague Convention countries and the designated competent authority for each jurisdiction, see the Hague Convention website.
*as the EC Convention also applies, there is no need to rely on the Hague Convention
Note that for the purposes of the Hague Convention, the United Kingdom includes certain foreign territories, including the Cayman Islands, Gibraltar, Turks and Caicos Islands, and Bermuda.
The full list of foreign territories concerned and the contact details of their individual designated competent authorities, may be accessed using the Hague Convention website.
Caution: These notes are in general form. In specific cases, it is advisable to contact your own professional adviser, such as your solicitor, accountant or chartered secretary. The CRO is not in a position to advise on the specifics of any case. CRO cannot accept for registration a statutory declaration made in a place outside the State, that has not been made in compliance with the provisions of section 886 of the Companies Act 2014. A professional ought to be consulted if you are in any way unsure as to how a statutory declaration to be lodged with the CRO has to be completed and/or executed.
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