As we know the use of e-apostilles is not widely used. This is due to a number of factors, the main being the acceptability of them by the recipient. As we have seen, consular legalisation means that they cannot be used in those instances. We normally need consular legalisation for a variety of countries who have not signed up to The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (HCCH 1961 Apostille Convention).
This is often referred to as the Apostille Convention, Hague Apostille, Apostille of the Hague etc. This article will contain several links to HCCH website so that you can access the most up to date information when you read this article.
As an introduction, the HCCH states:
"[that (e-)apostilles] facilitates the use of public documents abroad. The purpose of the Convention is to abolish the traditional requirement of legalisation, replacing the often long and costly legalisation process with the issuance of a single Apostille certificate by a Competent Authority in the place where the document originates. The electronic Apostille Programme (e-APP) was launched in 2006 to support the electronic issuance and verification of Apostilles around the world."
The Convention has over 125 participating countries: HCCH | #12 - Status table, so the need for consular legalisation has reduced vastly since it’s implementation. However the uptake of e-apostilles is not as widespread. The HCCH also hold a list of e-apostilles registers, which allow the user to verify the e-apostille that they have been presented: HCCH | e-Registers
In regard to the format of UK apostilles, whether it be paper or digital, the format is the same, and is prescribed by the convention. This means that no matter which country issues the (e-)apostille, you will encounter a similar item. An image from the HCCH website is contained below.
Looking specifically at the use of e-apostilles issued in the UK, I recently contacted the Foreign, Commonwealth and Development Office (FCDO) for some statistics. Both notaries and solicitors can register their signatures with the FCDO and are currently the only method of obtaining an e-apostille.
They advised that they have approximately 253 different notaries across the whole UK on their database. There are 740-770 notaries authorised to practice in England and Wales, 11,000 solicitors in Scotland (they are automatically able to act as notaries on qualification) and 37 notaries in Northern Ireland.
There are 153 different solicitors who have digital signatures registered with the FCDO, bear in mind that there are approximately 170,000 solicitors on the roll in England and Wales and 3,000 in Northern Ireland, which is an even smaller percentage of the eligible signatories.
It is also interesting to see how many have been issued in the last full year. There were 3,854 for notary signatures and 3,262 for solicitors.
The FCDO also conducted surveys looking to find the acceptance of e-apostilles. They have received confirmation of acceptance in 71 countries. With the most common response being Spain, followed by Greece, Italy, Austria, Poland, Brazil and Portugal.
Whilst acceptance is becoming more common, it is my finding that even those countries that widely accept e-apostilles there are still instances where it has to be paper. Looking specifically at Spain, I have never completed a digital POA for the sale or purchase of property, obtaining NIE numbers or company formation. The most commonly notarised documents in digital format are UK degree and other education certificates, and in my opinion this is based on the recipient, where the document needs to be presented and the perceived importance of the document.
If you have any questions regarding whether or not you can produce your notarised document digitally, please do not hesitate to contact me.
