Legalisation or Apostille?
The need to "legalise" a document often causes confusion, because the type of legalisation required depends on the case. Our staff follow the entire legalisation and swearing process. It is sufficient to send the documents by e-mail in PDF format to receive, free of charge, an indication of the procedure to be followed under the law. A single document from a foreign country may be rejected by the receiving authority for lack of the correct stamp or seal certifying, through legalisation, the authenticity of the signature.
Sworn translations, in order to have legal effect abroad, must as a rule be legalised or apostilled, except where international agreements provide otherwise.
The translation of a document subject to legalisation
Documents issued abroad by foreign authorities and intended for use in Italy, if drawn up in a foreign language, must be accompanied by an Italian translation certified as conforming to the foreign text by an official translator (art. 17(3), Law no. 15 of 4 January 1968). An official translator is a professional registered with the court's Register of Court-Appointed Experts or with the Register of Experts of the Chamber of Commerce. Article 68 of the notarial regulations provides that documents in a foreign language deposited with a notary must be accompanied by an Italian translation made and signed by the notary, if the notary knows the language, or otherwise by an expert translator chosen by the parties.
The law on legalisation
Legalisation of signatures is the official attestation of the legal capacity of the person who has signed acts, certificates, copies and extracts, and of the authenticity of the signature itself (art. 15(1), Law no. 15 of 4 January 1968). Its function is to make a document acceptable to persons other than those who issued it. Legalisation therefore certifies a signature and the capacity of the signatory; it does not certify the validity of the document or of its contents.
Apostille
For countries that have acceded to the Hague Convention of 5 October 1961 abolishing the requirement of legalisation for foreign public documents, legalisation is replaced by the Apostille, a single certification affixed by the competent authority of the State in which the document was formed. In Italy the Apostille is affixed by the Public Prosecutor's Office (for judicial and notarial documents, including sworn translations) and by the Prefecture (for administrative documents). For countries that have not acceded to the Convention, consular legalisation is required.
In practice
For a foreign document to be used in Italy, the Apostille or legalisation is obtained in the country of origin before the translation. For an Italian document to be used abroad, the translation is first sworn before the Court and the Apostille or legalisation is then affixed to the signature of the officer who received the oath. To establish which of the two applies in a specific case, and in what order, see the FAQ and the guide on preparing your documents. The full Italian text, with the complete legal references, is available on the Italian page.