When a Mexican document needs to be legally recognized abroad, one of the most important steps is obtaining an apostille. This process grants international legal validity to public documents, allowing them to be used in other countries without requiring additional legalization through consulates.

What Is an Apostille?

An apostille is an official certification affixed to public documents—such as birth certificates, powers of attorney, court rulings, or articles of incorporation—so they are legally valid in other countries that are parties to the Hague Apostille Convention of 1961.

In simple terms, it’s a streamlined method to legalize documents for international use among countries that are part of the convention.

When Is an Apostille Required?

An apostille is required when a Mexican document will have legal effect in another country. For example:

• Registering a Mexican company abroad
• Submitting civil registry documents (birth, marriage) for immigration purposes
• Validating academic degrees and certificates
• Granting legal powers from Mexico to another country
• Proving legal representation before foreign banks or government agencies

Where Is the Apostille Issued in Mexico?

In Mexico, apostilles are issued by the Secretaría de Gobernación (SEGOB) through the General Government Offices in each state. For federal-level documents, the Secretariat of Foreign Affairs (SRE) handles the process.

What Types of Documents Can Be Apostilled?

Common documents that may be apostilled include:

• Civil registry certificates (birth, marriage, death)
• Notarized documents (powers of attorney, contracts, incorporation papers)
• Court decisions and legal resolutions
• Academic certificates and professional degrees
• Official documents issued by state or federal authorities

General Requirements for Apostilling

Requirements may vary depending on the type of document and issuing authority, but generally include:

1. The original document in good condition
2. A valid ID or copy of the document requester
3. Payment of government fees (some states provide the service for free)
4. Prior validation in certain cases (e.g., SEP validation for academic degrees)

Foreign Documents for Use in Mexico

Just as Mexican documents require an apostille for use abroad, foreign documents must be apostilled to be valid in Mexico, as long as the country of origin is a member of the Hague Convention.

For example, if a U.S. citizen or business wants to use a:

• Birth certificate
• Power of attorney
• Divorce decree
• Marriage certificate
• Company incorporation document

…they must obtain an apostille from the appropriate authority in the U.S. before presenting it in Mexico.

Who Issues Apostilles in the U.S.?

In the United States, apostilles are issued at the state level, usually by the Secretary of State in the state where the document was issued. For example:

• For California documents: California Secretary of State
• For Texas documents: Texas Secretary of State
• For New York documents: New York Department of State

Each state has its own procedure, fees, and processing times. Most allow submissions by mail or online.

Once apostilled, the document can be used in Mexico for a variety of legal processes, such as immigration, property transactions, business incorporation, or banking.

Apostille and Powers of Attorney for Incorporating Companies in Mexico

If a foreign individual wishes to form a company in Mexico without being physically present, the most common practice is to grant a power of attorney to a legal representative in Mexico. This power must meet the following conditions:

1. It must be signed before a notary public in the country of origin
2. It must be apostilled if the country is part of the Hague Convention
3. Once apostilled, it can be translated into Spanish (if needed) and protocolized before a Mexican notary

For instance, a U.S.-based partner can sign a power of attorney before a local notary, apostille it through their state’s Secretary of State, and send it to Mexico for use in signing the company’s articles of incorporation.

This process is also required for:

• Buying real estate
• Opening bank accounts
• Registering with Mexican tax and labor authorities

What If the Country Is Not Part of the Hague Convention?

If the document comes from a country not party to the Hague Convention, an apostille is not possible. Instead, the document must be legalized through a more traditional consular process, which typically includes:

1. Signing the document before a notary or public authority in the country of origin
2. Legalization by the Ministry of Foreign Affairs of that country
3. Final legalization at the Mexican Consulate in the same country

Though this process takes longer and may involve more costs, it is still a valid way to ensure documents are legally recognized in Mexico.

Which Countries Accept Apostilles?

All countries that are parties to the 1961 Hague Apostille Convention accept this simplified legalization. These include the United States, Spain, Canada, Germany, Colombia, Argentina, Brazil, France, and Italy, among many others.

You can find the full list here:
https://www.hcch.net/en/instruments/conventions/status-table/?cid=41

Conclusion

An apostille is a vital tool for anyone needing their Mexican or foreign documents to have legal effect across borders. Whether you are investing, studying, working, or representing a business, getting your documents apostilled (or legalized if necessary) is an essential and straightforward step.

If you’re unsure how to apostille or legalize documents for use in Mexico, at Tax ID Mexico we can guide you through the process and help make it faster and easier.

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