I bought a company and the articles and minutes of the meeting were translated into english. However, they were not apostilled. For a translation of a legal document does every page of the translation have to be apostilled? Or is it enough to have it apostilled at the end of the document?
This is causing me a real headache.
As far as I am concerned, a legality of a document is not established by an apostille.
Let’s establish first what is a legal translation. Legal translation represents a professional process of translating material with legal content. The term “legal translation” does not refer to legality of the translation; it only emphasizes that the text to be translated is highly specialized with legal vocabulary. Even if a person is fluent in two languages, it is very difficult and oftentimes impossible to perform a legal translation by somebody who does not have expertise and academic credentials in legal field.
Many translators who specialize in legal translation are charging a higher rate in comparison with the translators who perform simple translations. This is caused by a series of factors:
1) The translators of legal content have extensive expertise in legal field by translating legal documents, working for NGOs specialized in human rights protection, interpreting in law courts, and even working as paralegals, legal assistants, and attorneys;
2) Besides having impressive legal experience, many of these translators hold a paralegal certificate, certification of legal document assistants, or even a law degree.
Legal translation is different from a simple translation because it requires profound skills in legal writing. If you consider that legal writing is the same as simple writing, then you are totally wrong. Since this article is not about legal writing, I will let you make a research about its complexity.
Legal translation is used in our daily lives, and you don’t even realize it. Beginning from websites and ending with complicated contracts, the legal translation helps almost everyone. Governmental offices, law firms, corporate legal departments, cinema are just few of multiple places where the legal translation has its vital implication.
The standards of a legal translation are very high because it requires a precise accuracy of the translated text. Even a minor mistake may be fatal for a contract or a court trial. Of course law offers a chance to dispute, interpret, or appeal a decision or judgment entered based on an incorrect translation which derogated the legal meaning; however, inaccurate legal translations could ruin somebody’s life and this is not an exaggeration.
Another aspect of legal translation pertains to strict deadlines. Lawyers realize that by not having a translation done in a timely manner this may deprive the client from presenting pertaining evidence. Rush translations are always requested by law firms, and we treat each request with utmost precision and professionalism.
Now let’s discuss the apostille. If your document is intended for use in a country which is a party to a treaty called the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, obtaining a special "apostille" certificate is generally all that is required. APOSTILLE: If the document is intended for use in a foreign country it has to be legalized (another word is “authenticated”) for foreign use. This is a process in which various seals are placed on the document. The legalization procedure basically depends on one factor: whether the target country has joined the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (“The Hague Convention”). In this case the only legalization required is an Apostille certificate. (Apostille is a French word which means a certification). A document bearing an Apostille is valid in all of the Hague countries .
Now let’s discuss the legality of a translation. What makes a translation legal? An accurate, true, and complete translation make already a translation legal. Government agencies usually require a translation to be certified. In other words, the translation’s is assured by bearing a certification of accuracy statement which assures the translation’s accuracy, completeness, and veracity.
Therefore, If your documents translation is not intended for use in a foreign country, then an apostille is not required either. However, if your document’s translation is intended for us in a foreign country which is part of Hague Convention, then you will need to address the question of apostille procedure to the secretary of your state.
Nevertheless, I am not attorney and everything what was provided above will not be considered as a legal advice. For more information about legality of different documents, you should consult with an attorney at law.