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Foreign property investors can avoid the need for frequent travel with an apostille. An apostille is a certification issued by a state government confirming that the official who notarized a document does in fact have the power within the state to do so. Apostille certifications are generally required whenever investors send legal documents to foreign countries, which is often a necessary part of purchasing property abroad.
Before sending documents to a foreign country, an investor must first get a consulate from that country to sign off on the apostille. A consulate is simply a representative of one country within the territory of another. Once the consulate signs off on the apostille, the documents can be used legally.
A power of attorney is the most common document for which investors need an apostille. By signing a power of attorney, an investor transfers certain rights to a person in the country in which they are doing business. This person is, more often than not, an attorney.
The following is a step by step breakdown of the entire process:
1. Visit the appropriate state’s website to learn how much they charge for an apostille (each state varies) and to find the mailing address to use for the appropriate documents. If the website has a search tool, just type in “apostille” and it should be easy to find. Entering “apostille” and a state’s name into a search engine is also effective.
2. Write a cover letter to the Secretary of State and ask for an apostille for an enclosed document. Also provide the country to which the document will eventually be sent. This is important; some countries have additional requirements for apostilles. Make sure to include a return address or a self-addressed, stamped envelope.
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Author: Eric Ames
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