The Hague Apostille/Documents' authentication
Indonesia is a State party to the Hague Apostille Convention since June 4, 2022, so Indonesian documents do not require authentication by this Embassy, and can be automatically accepted in Portugal if duly apostilled by the respective competent entity. The Apostille consists of affixing a legal seal by the competent authority under the aforementioned Convention which, in the case of Indonesia, is the Directorate of Central Authority and International Law of the Ministry of Law and Human Rights (KEMENKUMHAM). To find out how to proceed to apostille your Indonesian documents, see the following page: https://apostille.ahu.go.id/.
The Philippines are a State party to the Hague Apostille Convention since 2019. Philippine documents do not require authentication by this Embassy, and can be automatically accepted in Portugal if duly authenticated by the respective competent entity. The Apostille consists of affixing a legal seal by the competent authority under the aforementioned Convention which, in the case of the Philippines, is the Department of Foreign Affairs (DFA) of the Philippines. To find out how to proceed to apostille your Filipino documents, see the following page: https://dfa.gov.ph/dfa-news/dfa-releasesupdate/22280-question-and-answer-and-infographics-on-authentication
Documents issued by Brunei Darussalam's official entities must be previously authenticated by the Ministry of Foreign Affairs of that country before obtaining the Embassy's authentication.
What is it?
Authentic documents issued abroad in accordance with the law of that country, and private documents drawn up outside Portugal, legalized by a foreign public official, are considered legalized under Portuguese law provided that the signature of the public official is recognized by a diplomatic agent or Portuguese consular officer in the respective State and the signature of this agent is authenticated with the respective white consular seal. Recognition consists of the notarial certification of the authorship of the signature, or of the letter and signature, affixed to a particular document.
There are several types of recognition:
- Simple recognition: respects the signature or the letter and signature of the signatory. It is always in person, so it can only be done in a signed document, or written and signed, in the presence of the notary, or with the signatory present.
- Recognition of signature on request: when it is not the author of the document who signs it, but someone else at his request, because he does not know or cannot sign. The petitioner and the subject must be in possession of their valid Citizen Card, Identity Card or Passport.
- Acknowledgment of signature with special mentions: when any special circumstance that refers to the signatory is certified, duly verified by the notary in the face of documents displayed and referenced in the term, such as: "Company Manager".
- Acknowledgment of the signature of a sworn translator with a signature deposit at the consular post: the original document and its translation must be presented.
How to do it?
Documents required for the document legalization request at the consular post:
- Citizen Card/Identity Card or Passport.
- Document to be legalized
In the case of documents emanating from signatory countries or adhering to the Hague Convention of October 5, 1961, the legalization of documents will be made by an apostille (see above), pursuant to art. 3 of the Convention. Each signatory country has a competent authority designated for the affixing of the Apostille. In Portugal, it is up to the Attorney General's Office (Procuradoria Geral da República) to affix the Apostille.
The Embassy does not provide translation services, only Translation Certificates. You may find contacts of certified translators here: http://sihapei.hpi.or.id/find/by/p:translator-interpreter_ls:Portuguese_lt:Indonesian.
Powers of Attorney and Signature Recognition
What is it?
Power of attorney is the act by which someone voluntarily assigns representative powers to another. The word power of attorney is also used to designate the document in which it is contained.
The power of attorney takes the form required for the business that the attorney must carry out, unless otherwise provided by law.
- Identity Card/Citizen Card/Valid Passport;
- Proxy draft, if you have it;
- Tax Identification Number/NIF, if you have one;
- Full name, marital status and residence of the attorney.
In the case of being a representative of a Company, it is necessary to present the permanent registration certificate, or provide the access code to the permanent certificate, which allows online consultation of the entity's records, the associated electronic documents and the latest agreement updated social/statutes.
Effects of representation – The legal transaction carried out by the representative on behalf of the represented party, within the limits of the powers incumbent upon it, produces its effects in the legal sphere of the latter.
Assignment of powers - The powers assigned must be certain and determined in the following cases:
- Representation between spouses - cannot have a general character, and the powers must be clearly specified (Ex.: One of the spouses grants the other powers to sell a certain building, or to sell buildings that, on the date of the power of attorney, he/she owns in a certain location, and must they must be properly identified);
- Power of attorney with powers to donate – The represented party must determine the object of the donation, as well as designate the person of the donee;
- Business celebrated by the Attorney with himself – The conclusion of the business must be specifically consented to by the principal, unless the business, by its nature, excludes the possibility of a conflict of interest;
- Power of attorney for marriage – Only one of the spouses can be represented by a proxy, and the power of attorney must individualize the other spouse and indicate the type of marriage.
Form – Unless otherwise provided by law, the power of attorney will take the form required for the business that the attorney must carry out.
Powers of attorney that require a notarial intervention can be drawn up by public instrument, by a written document signed by the represented person with face-to-face acknowledgment of the letter and signature or by an authenticated document. The powers of attorney granted also in the interest of the attorney or a third party must be drawn up by public instrument whose original is filed at the notary's office.
Note: Conjugal consent – Conjugal consent, in cases where it is legally required, must be special for each of the acts, and the rules established for powers of attorney are applicable to it, in terms of form.
Revocation – The power of attorney is freely revocable by the represented party, notwithstanding an agreement to the contrary or waiver of the right of revocation. If the power of attorney has also been granted in the interest of the attorney-in-fact or a third party – the improperly called irrevocable powers of attorney – it cannot be revoked without the agreement of the interested party, unless there is just cause.
Terms of Authentication: authentic are documents drawn up, with legal formalities, by public authorities within the limits of their competence or, within the circle of activity assigned to them, by the notary or our consular services.
All other documents are private.
Proof of Life
Proof of life by appointment.
Identity Card/Citizen Card or Portuguese Passport;
IMPORTANT: The physical presence of the person requesting the proof of life certificate is required. If such presence is not possible, a medical certificate must be presented attesting to this impossibility in the appointment.
You can also do your proof of life digitally. Find out how here: http://www.cga.pt/provaDeVida.asp#.