How to get Apostille for Memorandum of Association
When you are travelling to other countries the authentication of document is required. An apostille seal on your certificate is necessary when the country is a part of Hague convention. Thus, the Memorandum of Association Apostille provides attestation which is much needed while visiting other countries for various purposes.
The Memorandum of Association of a company is referred to as an important industrial document under certain administration. It is important to know the relationship of any company with its shareholders/clients. This is done using a document which is prepared legally during the formation and registration process of a company. This also gives us the objectives of company.
Who can issue an Apostille?
As per the Hague convention, in every country the apostille is issued by its competent authority. Usually, the Minister of Foreign Affairs( MFA) is the authority that issues Apostille.
What is meant by Hague Convention?
The Hague convention is officially known as The Hague Convention of 5 October 1961, Abolishing the Requirement of Legalisation for Foreign Public Documents. This provides the documents to be valid in abroad in easier way.
The purpose of this is to end the traditional way of legalization and replace the other process which includes the legalization process with apostille certificate by a competent authority. The Hague convention has over 120 countries and has become one of the most widely used Treaties in legal corporate world.
What is Non-Hague Apostille?
For the non- members of the Hague convention, the certification and legalization of documents is provided using different additional steps. These additional steps include the State certification, US certificate ( if required) or Embassy certification.
Embassy Attestation :
The process of legalisation or attestation of Indian original documents into attested copies for usage in foreign countries( Non Hague countries ) is called as Embassy attestation. The main factor of Embassy attestation is to get a stamp from the embassy ( competent authority). This is legal process to prove the trueness of the company or person. Firstly, the State certification, next follows the verification from MEA and finally the Embassy attestation is done.
For any type of documents such as birth certificate, marriage certificate, affidavits and much more, the attestation is much necessary for those to be valid in other countries. For countries that are not under Hague Convention the Embassy attestation is helpful.
The Birth certificates, marriage certificates, death certificates all these come under the Personal documents. The affidavits, business documents, official copies etc., come under commercial documents.
What is Memorandum of Association Apostille( MAA)?
The Memorandum of Association Apostille is the process of obtaining legalisation and assurance issued by Chamber of Commerce( COC) in India. This process is carried out by COC of each state and further a complex procedure is followed for Apostille of commercial documents.
Need for Memorandum of Association Apostille :
For exports, imports and trade in foreign countries, the Memorandum of Association Apostille is required.
Importance of Memorandum of Association Apostille:
The Memorandum of Association ( MOA) indicates name of the company, its members and number of shares they hold. Also it provides the aims of company, their share capitals, assurance, contracts etc. Legalisation of these are mandatory when their products are marketed in other countries.
If the company is willing to set up a branch in any other particular country, this document has to be presented as proof for Embassy. Thus, it is essential to get commercial certificate attestation in India as it is the ultimate for professional reasons.
Procedure for MAA:
This isn’t a direct process as it is too lengthy and a chain linked process. The documents goes through various stages of verification till it finally gets an apostille attestation. The MEA(Ministry of External Affairs) is a branch of Indian government, that provides its own MEA stamp on the apostilled document. The MAA is as follows:
- Chamber of Commerce attestation:
It is an organisation of local businessmen. The very first step for commercial document legalization is verification from this organisation. It acts like an evidence that your business is lawful and hence the commercial document authentication is best suited.
As we know, Apostille is a certificate for authentication of the origin of a document. This is done as second step. Thus, the process of getting memorandum association Apostille is a chain- linked and also takes much time to issue if there are no Apostille Services involved.
Duration to get Memorandum of Association Apostille:
As mentioned earlier, there is no single step process for authentication. It depends upon the type of the document, the state that issues the documents and much more. It takes around 3 days to 3 weeks for such process in any offline matters. But, with the help of Apostille Services you can get it done within lesser time limit.
Even for a single document we can provide Apostille, this is called as Individual Processing. Here, Apostille is attached directly to the document.
Validity of Memorandum of Association Apostille:
Validity of an apostille is 6 months beyond which, it is up to embassy to inform the client whether they are okay with old apostille or they want a fresh new apostille.
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