When a Mexican document needs to be legally recognized in another country, one of the most important steps is the apostille. This process grants international validity to public documents, allowing their use abroad without the need for additional legalization by 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—to give them legal validity in other countries that are party to the 1961 Hague Convention.

In other words, it is a simplified way of legalizing documents for international use between member countries of the convention.

When is it necessary to apostille a document?

A Mexican document must be apostilled when it is to have legal effect in another country. For example:

• Registering a Mexican company abroad
• Submit birth or marriage certificates for immigration procedures
• Validate university degrees outside of Mexico
• Granting legal powers from Mexico to another country
• Prove legal representation before foreign banks or authorities

Where is the apostille issued in Mexico?

In Mexico, apostilles are issued by the Ministry of the Interior (SEGOB) through the General Directorates of Government in each state, or directly by the General Directorate of Political Coordination of the Ministry of Foreign Affairs, for documents issued by federal authorities.

What types of documents can be apostilled?

Among the most common documents that are apostilled are:

• Civil Registry Certificates (birth, marriage, death)
• Notarial documents (powers of attorney, contracts, articles of incorporation)
• Judgments and court rulings
• School certificates and professional qualifications
• Federal or state administrative documents

General requirements for apostille

Requirements may vary depending on the type of document and the issuing entity, but generally the following are required:

1. The original document in good condition
2. Simple copy or official identification
3. Payment of fees (in some entities it is free)
4. Sometimes, prior validation is required (for example, if it is a university degree, it must first be validated by the SEP)

What about foreign documents for use in Mexico?

Just as Mexican documents require an apostille to be valid abroad, foreign documents must also be apostilled to be legally valid in Mexico, provided the country of origin is a party to the Hague Convention.

For example, if a US citizen or company wants to use a:

• Birth certificate
• Power of Attorney
• Divorce decree
• Marriage certificate
• Company incorporation deed

…these documents must be apostilled by the competent authority in the U.S. before being submitted to Mexico.

Who apostilles documents in the United States?

In the United States, apostille is processed at the state level. The authority in charge is usually the Secretary of State of each state. For example:

• If a document was issued in California, you must go to the California Secretary of State
• If it was issued in Texas, it is processed before the Texas Secretary of State
• In New York, it is managed with the New York Department of State

Each state has its own procedures, costs, and turnaround times. Most allow filing by mail or online.

Once apostilled, the document can be used in Mexico for procedures such as birth registration at consulates, accreditation of legal representation, real estate purchases, immigration procedures, or company formation.

Apostille and powers to establish companies in Mexico

If a foreigner wishes to establish a company in Mexico without being physically present, they typically grant a power of attorney to a representative in Mexico. This power of attorney must meet certain requirements to be valid:

1. It must be signed before a notary in the country of origin
2. It must be apostilled if the country signed the Hague Convention.
3. Once apostilled, it can be translated into Spanish (if it is in another language) and presented to a Mexican notary for notarization.

For example, if a partner is in the United States and wishes to grant power of attorney to form a limited liability company in Mexico, they must sign the power of attorney before a notary in their state and then have it apostilled by the Secretary of State. With this power of attorney, their attorney-in-fact can appear before a notary in Mexico to sign the articles of incorporation.

This process is repeated in procedures such as:

• Purchase of real estate
• Opening bank accounts
• Registration with the SAT or the IMSS

What happens if the country is not a party to the Hague Convention?

If the document originates from a country that is not a party to the Hague Convention, it cannot be apostilled. Instead, a consular legalization process must be followed, which involves several steps:

1. The document is signed before a notary or competent authority in the country of origin
2. Then, it is legalized in the Ministry of Foreign Affairs of that country.
3. Subsequently, it is presented at the Mexican Consulate in that country, where the final legalization is carried out.

This procedure may be longer and more expensive than apostilling, but it is equally valid for the document to be legally valid in Mexico.

Which countries accept apostilled documents?

All countries that are party to the 1961 Hague Apostille Convention accept this form of validation. These include the United States, Spain, Canada, Germany, Colombia, Argentina, Brazil, France, Italy, and many others.

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

Conclusion

Apostille is a key tool for those who need their Mexican or foreign documents to have legal effect outside their country of origin. Whether you plan to invest, study, work, or represent a Mexican or foreign company, apostilling your documents is a necessary and relatively simple step.

If you have questions about how to apostille or legalize documents for procedures in Mexico, in Tax ID Mexico We can guide you and help you speed up the process.

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