How to have a document apostilled

The Hague Convention of 5^th October 1961 Abolishing the Requirement for Legalisation for Foreign Public Documents, which is known as the Apostille Convention, entered into force in Monaco on 1^st January 2003.

Under this Convention, an apostille, i.e. a certificate that authenticates the origin of a public document, may be attached to the document, subject to certain conditions (re. The ABCs of Apostilles issued by The Hague Conference on Private International Law) by the Department of Legal Affairs.

An apostille is issued to verify the signature, the author of the document, and, where applicable, the identity of the seal or stamp affixed to the document. It does not attest to the document's contents or its conformity with Monegasque law. In order to perform this task, the Department of Justice must have a copy of the signature of any person authorised to sign public documents on file.

Article 1 of the aforementioned convention states: "The present Convention shall apply to public documents which have been executed in the territory of one Contracting State and which must to be produced in the territory of another Contracting State".

Unlike legalisation, which can be applied to public documents or private documents drawn up abroad by a non-Monegasque resident, an apostille can only be applied to public documents issued by a Monegasque authority.

This procedure applies to:

• Judicial documents: judgments, rulings, certificates of non-appeal, extracts from criminal records, documents issued by a judicial officer in the Principality of Monaco
• Documents issued by Monaco's civil service or a public institution carrying out public service duties in Monaco
• Notarial deeds issued by Monegasque notaries (certificates, notarial deeds, powers of attorney, wills, donations, etc.)
• Civil registration records issued by Monaco City Hall within the last three months

The apostille procedure does not apply to: 

• Documents intended to be produced in a State that is not party to the Hague Convention
• Documents issued by a defence lawyer or a Monegasque lawyer
• Documents issued by diplomatic or consular authorities 
• Administrative documents relating to a trade or customs activity (e.g., certificates of origin, import or export licences, etc.), although commercial documents such as contracts and powers of attorney may be apostilled

Regarding copies of documents: 

If the apostille is affixed to the original, it is the signature of the person within the Monegasque authority who issued the original document that is authenticated. If the apostille is affixed to the copy of a document issued by a Monegasque authority, it is the signature of the person who made the copy that is authenticated.

Particular cases: 

1. Private documents (bank statements, private employment contracts, company articles of association, leases, etc.) must be accompanied by a certified copy
2. The authentic copy of the notarial deed must bear the notary's personal seal and signature for it to be apostilled

Private documents

The apostille may be affixed to a private document (e.g., sworn statements, acknowledgements of debt, contracts, invoices, letters of recommendation, certificates of accommodation, etc.), provided that:

• The first name, surname, and occupation of the signatory are stated in full, next to the signature
• The signature is original and has been certified by a Monegasque public authority

Legalisation of the signature can be obtained either from the Police Department, the City Hall, or the Ministry of State reception desk. The applicant must show proof of identity and sign the original document in front of an official

The translation of public documents: 

Documents written in any language other than French will not be apostilled without a translation. 

To be apostilled, the translation must be presented with the original document, which has itself been apostilled, and the translator must have had their signature legalised in accordance with the procedure described above.

Apostilles can only be issued for public documents issued in Monaco that are intended to be used in another State that is a member of the Apostille Convention (re. the list of the states members of the Convention).

If the State in which you need to use your public document is not party to the Apostille Convention, you should contact the consulate or embassy in the country in which you need to use your public document, to find out the options that are open to you.

Apostilles are issued within a maximum period of 48 hours.

For more information, please contact the secretariat of the Department of Justice  - (+377) 98 98 82 97 or 88 11 

Persons who are authorised to collect a document on the behalf of the applicant must take proof of identity and a mandate from the applicant.

You must take the document to be apostilled to the "Palais de Justice".

If the document is not in French, it should include brief details of the title of the document, so it can be listed in the register established for this purpose.

A fee is payable for apostilles.  It must be paid when the apostilled document is collected from the  Department of Justice. This fee is currently 5 €  (SOn°  2.848 of 2 august 2010). The value is indicated on the stamp affixed to the apostille.