In this post, we’ve come up with a summary of the most relevant factors, related to the legalisation of translated documents.
The legalisation of documents and sworn translations
To start with, we need to be clear that legalisations give validity to foreign public documents in Spain and to Spanish documents abroad; and aside from a few exceptions, they are always necessary.
These exceptions are found in relation to several agreements signed by Spain, the most relevant of which is the Hague Convention of 5 October 1961, under which only an apostille is required for a document to be legally valid. Within the European Union, Regulation (EU) 2016/1191 also exempts certain public documents issued in one Member State and presented in another from apostille and legalisation (for example, birth certificates or criminal record certificates). It also provides for standardised multilingual forms, which are optional and may in some cases remove the need for a translation.
The apostille is a note added to the document, either by attachment or as a separate page, in which the relevant authority certifies the authenticity of the signature, the capacity in which the signatory has acted and, where applicable, the identity of the seal or stamp it bears, but not the content of the document. In Spain it can be requested online via the following link.
In the case of foreign public documents issued by a non-consular authority of a State that has not signed any agreement facilitating legalisations, the Ministry of Foreign Affairs of the State of origin or the Spanish diplomatic or consular representation in that State will generally be involved. If the document in question is issued by a duly accredited consular authority in Spain, the legalisation section of Spain’s Ministry of Foreign Affairs, European Union and Cooperation (MAEUEC) will be involved in the legalisation.
Depending on the nature of the document in need of legalisation (issued by the autonomous communities, local entities, embassies, consulates, or notarial, judicial, mercantile, academic and health and medical institutions, etc.), it may be necessary to carry out additional legalisations as well as the one performed by the MAEUEC. The procedure also depends on the country of destination and on the agreements or rules that apply. Now we’ll turn our attention to the issue of translations.
Is it necessary to translate documents that require legalisation?
In the case of Spanish documents, you should consult the legislation of the country where the document is to take effect, although normally, only documents written in the language or official languages of the country are accepted. Likewise, if sworn translations are not valid in themselves, they must be legalised at the MAEUEC.
In the same way, foreign documents due to take effect in Spain must be translated. The only translations which are to be accepted will be those:
- done by a Spanish sworn translator appointed by the MAEUEC.
- done or adopted as their own by a Spanish representation abroad, provided that they refer to a foreign public document included in a Spanish file to be resolved by the Administration, and legalised by the MAEUEC.
- done by the diplomatic or consular representation in Spain of the State issuing the document, when they refer to a law of that State or to one of its public documents, and legalised by the MAEUEC, provided that they meet the requirements established for this type of translation.
We remind you that this post is just a summary provided by NAKOM and does not deal with every factor relative to legalisations.If you need further information, please consult the MAEC website.
Sources:
Ministry of Foreign Affairs: legalisation and apostille.
Ministry of Foreign Affairs: sworn translation and interpreting.
Ministry of Justice: Hague Apostille.
Law 29/2015 on international legal cooperation in civil matters (fourth final provision).
Regulation (EU) 2016/1191 on the simplification of requirements for presenting certain public documents.