Are there any notarisation or legalisation requirements in your jurisdiction? If so, what is the process for execution?

Lending & Secured Finance

Croatia Small Flag Croatia

For the creation of security over different types of assets, there are different perfecting requirements. In respect of the details please see our answer under 4.

Czech Republic Small Flag Czech Republic

Yes, certain security documents shall be executed with notarized (certified) signatures. On top of that, security which shall be registered in the Pledge Register held by the Czech Notarial Chamber needs to be executed in form of notarial deed. Notarizing/certifying of signature is a relatively simple procedure: the signatory needs to present his/her ID to a person who is authorized by law to certify the signatures, being as follows: (i) notary, (ii) attorney-at-law in respect to documents prepared by such attorney (iii) Czech Point office (wide coverage at each Municipal Office, Post Office or at foreign embassy of the Czech Republic). If the notarized documents are supposed to be used for official purposes abroad, Apostille issued by Czech Ministry of Justice needs to be obtained for the major part of the world. An Apostille is not required vis-à-vis certain states based on bilateral treaties.

Finland Small Flag Finland

No, there are no notarisation or legalisation requirements in Finland.

Germany Small Flag Germany

Share pledge agreements for shares in limited liability companies and, in certain cases, interests in partnerships, require notarisation. The entirety of the agreement must be read by a notary public in front of each of the parties to the agreement (which may be present through attorneys in fact).

Immediately enforceable land charges (and mortgages) require to be notarised in front of a notary public (i.e. read out in front of the security grantor by a notary) and registered with the land register.

Spain Small Flag Spain

All security documents (including receivables, inventory, real estate and chattels) may need to be signed before a Spanish notary public.

The powers of attorney granted by foreign entities must be notarized by a local Notary Public. The signature of the Notary Public must be authenticated by attaching an “Apostille” pursuant to The Hague Convention of October 5, 1961.

Philippines Small Flag Philippines

The following documents which are required to appear in a public instrument should be notarized to be valid:

i. Donations of real property;
ii. Contracts of partnership where immovable property is contributed;
iii. Notarial wills.

The following documents are required to appear in a public document to bind third parties:

i. Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property;
ii. The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains;
iii. The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person;
iv. The cession of actions or rights proceeding from an act appearing in a public document.

Acts and contracts executed outside the Philippines that are required to be in a public instrument to be valid must be consularized or authenticated by the Philippine Consulate Office at the place of execution.

Sweden Small Flag Sweden

There are no notarisation or legalisation requirements in Sweden.

Turkey Small Flag Turkey

Various certification requirements apply under Turkish law with regards to different types of legal documents and legal procedures (e.g. legal proceedings before courts). With respect to security documents, notarisation or execution in ex officio form before relevant authorities as certification may be required depending on the type of security. Please refer to our explanations under Question 4 above.

United States Small Flag United States

In general, notarization is not significant in the United States – except notarization by a public notary (for a de minimis fee, if any) of signatures on real property mortgages.

Switzerland Small Flag Switzerland

Except for the creation of a mortgage (Grundpfandverschreibung) or a mortgage note (Schuldbrief) (see 4(a) above), which require a notarial deed, there is no notarisation or legalisation requirement in Switzerland.

United Kingdom Small Flag United Kingdom

Documents do not need to be notarised or legalised to ensure the legality, validity, enforceability or admissibility in evidence in the English courts.

Jersey Small Flag Jersey

There are no particular documentary or execution requirements in Jersey.

Hong Kong Small Flag Hong Kong

In general, it is not necessary for the security documents to be notarised, legalised and/or apostilled. However, in certain circumstances, it may be necessary to provide certain notarised supporting document to facilitate registration of the security document with the registry of relevant foreign jurisdictions.

Austria Small Flag Austria

In Austria the principle of freedom of form applies. Therefore, it is in general up to the parties in which form they chose to enter into an agreement and execute a transaction. However, for some transactions, Austrian law provides for certain formal requirements: (i) simple written form (einfache Schriftform), in this case the validity of the legal transaction requires the written drafting of the essential points of the agreement and the signature of the party(s) (e.g. surety, Bürgschaft); or (ii) public form (öffentliche Form), where a notary public or the court have to participate in the transaction (by way of establishing a notarial deed or legalisation by a notary public or authentication of the signatures by the court.

Notarial Deed

A notarial deed needs to be established by a notary public, with the notary public proving the identity of the parties, their personal ability and entitlement to enter into the agreement. Further, the notary public must record their statements in writing with full clarity and determination and, after reading the statements out loud, the notary public must personally question the parties to ensure that they are willing to enter into the agreement, before the signing of the agreement.

It is also possible to set up foreign-language notarial deeds if the notary public or his substitute is a court-sworn or court-certified interpreter or has passed the diploma examination for translators. If one of the parties is not familiar with the language in which the notarial deed was drawn up, a court-certified or certified interpreter must be consulted.

Legalisation

In case of a legalisation (certification of a signature), the notary public or the court certifies that a signature (company signature) on a paper document or an electronic signature (company signature) on an electronically created document is genuine, i.e. the signature was executed personally by a specific person.

Mexico Small Flag Mexico

Yes, notarization is a common requirement to formalize and perfect legal documents affecting real estate property. Mexican law requires notarization in order to give perfect or give effect to certain contracts and security interests such as usufructs, rights of way, residential leases (depending on state law) and nonpossessory pledges.

Mexico is a signatory of a number of treaties for international legal cooperation (e.g., the Apostille Convention, Washington Protocol, etc.) and its commercial law is fairly advanced in terms of recognizing, giving effect to, and executing foreign law documents, arbitration clauses and arbitral awards, court orders and judgments.

Execution requirements will vary depending on the jurisdiction or foreign law governing the corresponding legal act. For private documents, a double-column apostilled document usually suffices.

Updated: April 18, 2019