Convention on the Elimination of Requirements for the Legalization of Foreign Public Documents
As of August 14, 2016, the Hague Convention on Apostilles, whose purpose is the elimination of the requirement of the “diplomatic or consular legalization” on public foreign documents, as well as to speed up and simplify the necessary steps for the mutual recognition of public documents in the country of origin and abroad will become enforceable in Brazil.
As of said date, based on Resolution N. 228 of June 22, 2016 from the National Council of Justice (CNJ), the legalization of Brazilian public acts shall be replaced by the “Apostille” that will be utilized by the Notary Offices of the State Capitals, to be indicated in the Site www.cnj.jus.br/haia.
The Apostille shall be attached to the public document by the authorities of the country of issuance of the document and shall be the validity certificate in the State countries who are signatories of the Convention.
The CNJ developed a sole system for the issuance of the Apostilles called “Electronic System of Information and Apostilles (SEI Apostille)”, that must be accessed by means of a digital certificate. The Apostilles may be requested by the signatory of the document or any other holder of such document, provided that the authenticity of the signature, the function or position held by the signatory of the document, and the authenticity of the seal or stamp affixed (whenever necessary) are certified.
The Convention is applicable to the following public actions:
- Documents originating from an authority or public agent of any jurisdiction in the country, including those from the Public Prosecutor Office, from a notary or from an usher;
- Administrative documents;
- Notarial actions;
- Official declarations such as mentions to registration, visas for a certain date and notarization of signatures, inserted in actions of a private nature.
The Convention does not apply to:
- Documents drafted by diplomatic or consular agents;
- Administrative Documents directly related to a commercial or customs operation.
The Countries that are signatories of the Convention are:
- South Africa
- The former Yugslav Republic of Macedonia
- Antigua and Barbuda
- Bosnia and Herzegovina
- Brunei Darussalam
- Cape Verde
- People’s Republic of China (Hong Kong)
- People’s Republic of China (Macau)
- Cook Islands
- Korea, Republic of
- Costa Rica
- El Salvador
- United States of America
- Russian Federation
- Marshall Islands
- New Zeland
- United Kingdom of Great Britain and Northern Ireland
- Czech Republic
- Moldova, Republic of
- Dominican Republic
- San Marino
- Saint Lucia
- Saint Kitts and Nevis
- Sao Tome and Principe
- Saint Vincent and Grenadines
- Trinidad and Tobago
ROSMAN, SOUZA LEÃO, FRANCO E ADVOGADOS is a traditional law firm founded in 1964 by José Luiz Bulhões Pedreira (1925-2006) and Antonio Fernando de Bulhões Carvalho (1925-2009) under the name of “Bulhões Pedreira, Bulhões Carvalho e Advogados Associados”. Since its founding, it has practiced actively in multiple areas of the law, with a particular focus on corporate and tax law, as well as providing legal advice to national and international companies, other law firms and government agencies, predominantly in the area of Corporate and Income Tax law. Other significant areas of practice are commercial, administrative, financial and banking law.Who We Are
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Operating in the principal areas of the law, both in providing legal advice and in litigation, that include corporate, bankruptcy and corporate reorganization, consulting and litigation in civil law, tax, insurance and reinsurance, mediation and arbitration, capital markets, M&A, contracts, real estate, administrative law, intellectual property, the establishment of foreign companies in Brazil, registration of foreign capital before the Central Bank of Brazil, labor law through an associated law firm, the professionals of the firm help clients navigate the complex legal and regulatory universe of Brazil with its own peculiarities but increasingly integrated into the international business community.Our Areas of Expertise
Our attorneys have experience accumulated over many decades in the various areas of the law in which they practice and operate and in the business sectors in which our clients are involved. They also are committed to the continuous improvement of their skills, which distinguishes them in the community in which they operate, enabling each professional to render services of the highest possible standards to their clients promptly, sensitive to the clients’ needs.Our Professionals