Hague Convention

(b) Statutory declarations made for the purposes of the Companies Act in any of the Hague Convention Countries

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 ConventionLinks to external website website.

Country Country Country Country Country
Albania Andorra Antigua & Barbuda Argentina Armenia
Australia Austria Azerbaijan Bahamas Barbados
Belarus Belgium* Belize Bosnia & Herzegovina Botswana
Brunei Darussalam Bulgaria Cape Verde China (Hong Kong) China(Macao)
Colombia Cook Islands Costa Rica Croatia Cyprus
Czech Republic Denmark* Dominica Dominican Republic Ecuador
El Salvador Estonia Fiji Finland France*
FYR of Macedonia Georgia Germany Greece Grenada
Honduras Hungary Iceland India Ireland
Israel Italy* Japan Kazakhstan Korean Republic
Kyrgyzstan Latvia Lesotho Liberia Liechtenstein
Lithuania Luxembourg Malawi Malta Marshall Islands
Mauritius Mexico Moldova Monaco Mongolia
Montenegro Namibia Netherlands New Zealand Niue
Norway Oman Panama Peru Poland
Portugal Romania Russian Federation Saint Kitts & Nevis Saint Lucia
St. Vincent & the Grenadines Samoa San Marino São Tomé e Principe Serbia
Seychelles Slovakia Slovenia South Africa Spain
Suriname Swaziland Sweden Switzerland Tonga
Trinidad & Tobago Turkey Ukraine United Kingdom United States
Uruguay Uzbekistan Vanuatu Venezuela

*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 ConventionLinks to external website 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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