Hague apostille convention

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HAGUE APOSTILLE CONVENTION A. Lakshminarayanan Advocate

[object Object],ABOLISHING THE REQUIREMENT OF LEGALISATION FOR FOREIGN PUBLIC DOCUMENTS

DOCUMENTS APPLICABLE FOR APOSTILLE ,[object Object]

MEMBERS ,[object Object],[object Object]

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With the advent of globalisation and with India poised as a major international and global player in the world economy, it is apposite to consider the law concerning enforcement of foreign judgments in India. In law, the enforcement of foreign judgments is the recognition and enforcement rendered in another ("foreign") jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral treaties or understandings, or unilaterally without an express international agreement. The "recognition" of a foreign judgment occurs when the court of one country or jurisdiction accepts a judicial decision made by the courts of another "foreign" country or jurisdiction, and issues a judgment in substantially identical terms without rehearing the substance of the original lawsuit.

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The apostille itself is a stamp or printed form consisting of 10 numbered standard fields. On the top is the text APOSTILLE, under which the text Convention de La Haye du 5 octobre 1961 (English: Hague Convention of 5 October 1961) is placed.An apostille is an authentication of a public document issued pursuant to the 1961 Hague Convention abolishing the Requirement of Legalization for Foreign Public Documents. The Convention provides for the simplified certification of public (including notarized) documents to be used in countries that have joined the convention.

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Apostille is a type of a certificate, used by the countries who are members of The Hague Convention titled “Abolishing the Requirement of Consular Legalization for Foreign Public Documents of 1961”. Under this Convention, member countries agree to facilitate the exchange and verification of documents, and one such instrument is an apostille –essentially an international certification of a notarized document in any country that participates in the convention.

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In the last few challenging months we have received inquiries or demands relating to Clients concerned with their succession planning. Please note that wills are considered an important and urgent act that Portuguese notaries, according to our experience, are still performing in spite of all Covid 19 restriction measures. We would like to highlight the key topics on this subject: Tax - Inheritance and gifts are subject to Stamp Tax in Portugal. However, inheritance and gifts between close family (spouses, living partners, children, grandchildren, parents and grandparents) are exempt and assets outside Portugal are not even territoriality liable to Stamp Tax. Only in the case of gifts of Portuguese real estate between close family is there a 0,8% tax on its taxable value. Even when tax is due on the Portuguese assets (between siblings, cousins, uncle and nephew, etc.) it is so at a low rate – 10% in the case of an inheritance / 10% plus 0,8% in the case of a gift of Portuguese real estate is concerned. Legal - By default Portuguese inheritance law applies to Portuguese residents, irrespective of the place where they decease. However, it is possible to voluntarily opt-out from this rule and choose the law of ones’ nationality to govern one’s succession. RPBA’s Information Note below may be of interest to you concerning the choice of law governing succession in case of death. It provides you a quick overview of the applicable rules as well as your options as a resident of Portugal. Although this is not a tax issue there may be tax implications of the law chosen to govern your succession. For instance, in a case where a person that has recently left his State of nationality and became a Portuguese resident dies, choosing the law of his/her nationality to govern his/her succession may be an indication of subjective attachment to that prior State, which may be viewed as relevant for inheritance tax purposes in some jurisdictions. We have the know-how to assist and support our private clients on this matter. Partition of assets during one’s lifetime, wills, life insurance with or without death coverage, family foundations and trusts are the main instruments that can be used. In case you would like to discuss the details of your specific specific situation please contact your usual RPBA lawyer or: ana.isabel@rpba.pt

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