Document Legalization.
Please be advised that the United
States and the Russian Federation are signatories to the Hague Convention of
October 5, 1961. In accordance with the Convention, in order for U.S. documents
to be valid in Russia, they must bear an apostille certificate confirming
the capacity of the government official signing the document, authenticity of
the signature and, where appropriate, of the seal or stamp on the document.
Documents with apostilles do not require any further legalization. Nonetheless,
according to the established common practice, official organizations in the
Russian Federation may not accept foreign documents if they are not accompanied
by a certified translations; many organizations require certified translations
to be legalized by consular offices of the Russian Federation in the countries
where the documents originated. Furthermore, due to the different forms of
execution of apostilles in Russia (seal) and in the United States (certificate),
receiving organizations in Russia may ask for additional proof of proper
legalization In view of the above,
it is advised that the documents intended for use in Russia must be certified as
to the accuracy of translation and proper legalization at the consular offices
of the Russian Federation. Each document must be:
-
acknowledged before a Notary
Public (in case of Certificates of Incorporation, Amendments, Addenda,
Goodstanding and the like - presented in the form of certified copies issued
by the Department of State where the company was incorporated);
-
certified by an Apostille
issued by the Department of State in the respective state;
-
accompanied by a certified
translation (the Apostille page and the entire content of the document must
be translated); the translation should be sewn together with the original
document in a way acceptable in the Russian Federation).
In the Russian Federation the registration
(renewal of registration) of companies with foreign investment, including
joint ventures, wholly owned foreign companies, branches, representative
offices, is handled by the Russian State Registration Chamber. In accordance
with the Law of the Russian Federation of July 4, 1991 "On Foreign
Investment in the RSFSR" and the Order of the State Registration Chamber of
February 7, 1996 "On Procedure of Registration of Joint-Stock Companies
with Foreign Investment" a foreign investor must submit a set of documents
confirming the incorporation and solvency of the foreign investor. To
ensure compliance of the documents submitted by foreign companies with
applicable provisions of the Russian Federal Laws, the Hague Convention of 1961,
and the Regulations of the Russian State Registration Chamber, the new
registration procedures involve the services of specially selected expert
companies. The expert companies have to be certified by the Russian State
Registration Chamber to provide services concerned with processing and expertise
of foreign documents intended for use in the Russian Federation. Please
note that documents intended for registration and renewal of registration
in the Russian Federation of companies with foreign investment must be
submitted in a package accompanied by an expert opinion provided by an
expert company.
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Translation of
Documents
Documents drawn up in the USA in
the English language may be accepted in the Russian Federation with the
provision of a certified translation of such a document into the Russian
language. Preparation of
Translation
If a translation into the other
language is done at the same time as a notarial action (certification of a
transaction, certification of the faithfulness of a copy of a document, etc.),
the text of the translation is placed on the same sheet as the original: on one
page, divided by a vertical line so that the original text is placed on the left
side and the translation on the right. The
translation must be made from the full text of the document to be translated and
must be completed by signatures. In
all other cases, the translation, placed on a sheet (sheets) separate from the
original, is attached to the original document (sewn), authenticated by the
signature of the consul and the official stamp of the consular establishment. When
signing the translation, the translator indicates his authority and certifies
that he is competent in the English and Russian languages. The validating
endorsement is placed under the texts of the document and its translation. Forms
of Certification of Faithfulness of a Translation
In accordance with Art. 81 of the
Fundamental Laws of the Russian Federation on the Body of Notaries, the consul
completes a protocol of certification of faithfulness of a translation of a
document from one language into another if the consul is fluent in the relevant
language. This is done in cases in which the translation was either done by the
consul, or has been carefully checked by him against the original. Forms
of Certification of Faithfulness of the translator's signature
The consul certifies the
authenticity of the translator’s signature on a translation if the
translation of a document has been done by a translator, known to the consul,
who holds the appropriate certification (certificate, diploma, accreditation)
and who has certified the translation with his validating endorsement
(affidavit).
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Issuance of Power of
Attorney
Notarized issuance of powers of
attorney in the consulates of Russia is made in case these documents are
intended for activities in the territory of the Russian Federation. The
consul shall issue a power of attorney on behalf of one or several persons in
the name of one or several persons. The
consul shall prove the identity of the trustee (the person issuing the power of
attorney) on the basis of the submitted documents (for citizens of the Russian
Federation foreign passports). The
consular fee for drawing up and notarizing the power of attorney depends on the
type of the power of attorney. Identification
of a person by Documents
While performing consular
formalities and notarizing documents, the consul shall identify physical and
juridical entities on the basis of the documents submitted by them.
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Passport;
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Driver's license;
-
ID.
-
The identity of a person without citizenship shall be established on the basis
of official documents issued by local authorities.
-
Legal competence of a juridical person (office, enterprise, organization)
shall be established on the basis of the charter documents (Charter, Foundation
Agreement. For not-for-profit organizations — on the basis of General
Provisions and registration documents).
-
The consul shall also verify the powers of the representative of the juridical
person on the basis of:
-
Availability of his office certificate with a photograph indicating the fact
that the person is the CEO;
-
Certified extracts of the minutes about the appointment of the officials
empowered to sign documents on behalf of the said legal person;
-
Power of attorney for carrying out a
specific action.
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Obtaining of Documents on Demand
The obtaining of documents from the Russian Federation on demand is carried out
through the consular establishment in the consular district where the applicant
resides (see Map of Consular Districts).
Documents to be furnished to Russian Federation consulates for obtaining
documents on demand:
Consular fee of 50 US dollars.
It is recommended that the required documents be sent as registered letters with
a stamped, self-addressed envelope enclosed. The postal receipt should be kept
until the document to be obtained on demand is returned or the consul’s
response is received.
In cases in which disputed or unclear matters arise, communication with the
consular establishment in the appropriate consular district is recommended.
Questionnaire on Obtaining Documents on Demand
| 1 |
Surname, first name, patronymic of person in whose name
the document is being obtained on demand (indicate all surnames this person carries or has
carried) |
............................... |
| 2 |
Year, month, and day of of birth of this person (indicate
the oblast, district, city, village, settlement) |
............................... |
| 3 |
Which document is being obtained on demand:
- if a document regarding birth, marriage, divorce, death, etc. is being obtained on
demand, indicate the exact time and place of registration of birth, marriage, divorce,
death, etc., as well as the surname, first name, patronymic of parents when a birth
document is being obtained on demand;
- if a document regarding education is being obtained on demand, indicate the name and
address of the educational facility, date of enrollment in and graduation from it;
- if a document regarding job seniority is being obtained on demand, indicate the name
and address of the enterprise or establishment, the time of employment, and the capacity
in which you worked;
- if a document regarding a pension is being obtained on demand, indicate when, for what
reason, and which organization granted the pension, which organization last paid the
pension, and when it was paid.
|
............................... |
| 4 |
The purpose for which the document is being obtained on
demand. |
............................... |
| 5 |
The exact address of the domicile of the person whose
document is being obtained on demand |
............................... |
| 6 |
If it is not your own personal document that is being
obtained on demand, also answer the following questions: |
............................... |
| a) |
Surname, first name, patronymic; |
............................... |
| b) |
Year, month, and day of of your birth; |
............................... |
| c) |
Citizenship; |
............................... |
| d) |
Relationship to the person in whose name the document is
being obtained on demand; |
............................... |
| e) |
The address of your domicile. |
............................... |
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