Documents signed or issued in Australia for use in Slovakia are generally notarised by an Australian notary public and then apostilled by the Department of Foreign Affairs and Trade (DFAT). Slovakia, a European Union member state, has been a party to the Hague Apostille Convention since 2002, so no further legalisation by the Slovak Embassy is required once the apostille is attached. Slovak authorities will usually require an official Slovak translation by a sworn translator (úradný prekladateľ).
The legal framework
The notary acts under the Public Notaries Act 2001 (Vic), and the apostille is issued under the Apostille Convention. The apostille certifies the notary’s signature and seal; it does not certify that the document complies with Slovak law. The effect of a power of attorney or declaration in Slovakia is governed by Slovak law and by the requirements of the institution relying on it, such as a cadastral office, a court commissioner in inheritance proceedings, a bank or a registry office.
Documents commonly prepared for Slovakia
- Powers of attorney (plnomocenstvo) authorising a relative or lawyer to sell, buy or transfer real property, deal with the cadastral register, represent the principal in inheritance proceedings or manage bank accounts.
- Declarations in inheritance matters, including statements accepting or disclaiming an inheritance or agreeing to a division of the estate.
- Certified copies of Australian birth, marriage, death and divorce documents for registration in the Slovak special registry, and of passports and citizenship certificates.
- Documents for Slovak citizenship and identity matters, where required by the Slovak authorities.
- Company documents for Australian companies with interests in Slovakia.
The process
- Obtain the draft. Ask the Slovak lawyer, notary or authority for the required text, ideally in Slovak with an English translation.
- Attend the notary. Bring a current passport and sign the document in the notary’s presence. The notary verifies identity and attaches a notarial certificate.
- Apostille. DFAT issues the apostille.
- Translation. The notarised and apostilled document is translated into Slovak by a sworn translator, usually in Slovakia, unless the document is already bilingual and the recipient accepts it.
Original certificates issued by an Australian registry of births, deaths and marriages can often be apostilled by DFAT directly. A notarised copy is an alternative where the original must be kept.
Common issues
- Precise authority: Slovak cadastral offices and banks may require the power of attorney to describe the property, the transaction and the agent’s powers specifically.
- Names and diacritics: names in Slovak records may include diacritics or a maiden name. The document should state all forms used.
- Birth number: Slovak records commonly use a personal identification number (rodné číslo). If the signatory has one, it should be included.
- Consular alternative: Slovak consular officials may certify signatures for certain documents. Which route is preferable depends on the document and the recipient.
- Timing: some Slovak recipients require documents to have been signed or issued recently.
Documents to bring
- Current passport, and Slovak passport or identity card if held.
- The unsigned document with an English translation.
- Any original certificates to be certified, and the recipient’s instructions.
How we can assist
Our notary public notarises powers of attorney, declarations and certified copies for use in Slovakia and arranges the DFAT apostille. Where the matter involves an Australian estate or property, our lawyers can advise on the Australian aspects.
Further information about our notarial services, including appointments and document checklists, is available on our dedicated notary website, melbournepublicnotary.com.au.
Frequently asked questions
Do documents for Slovakia need an apostille or embassy legalisation?
An apostille is usually enough. Slovakia has been a party to the Hague Apostille Convention since 2002, so once an Australian notary public has notarised the document and DFAT has issued an apostille, no further legalisation by the Slovak Embassy is required. Whether the receiving authority needs the apostille at all depends on its own rules, so confirm with it first.
Do Australian documents need a Slovak translation?
Usually yes. Slovak authorities generally require an official Slovak translation prepared by a sworn translator (úradný prekladateľ). The translation is commonly arranged after the document has been notarised and apostilled, so that the notarial certificate and apostille are translated as well. Check with the recipient which translator and format it accepts.
How do I get a power of attorney or declaration signed in Australia ready for use in Slovakia?
Sign the document in front of an Australian notary public, who verifies your identity, witnesses your signature and attaches a notarial certificate. The notarised document is then sent to DFAT for an apostille. Bring your passport and any draft or instructions from the recipient in Slovakia, and do not sign the document before the appointment.
Can a justice of the peace witness a document for Slovakia instead of a notary?
Generally no. Authorities in Slovakia usually expect a document signed in Australia to be witnessed or certified by a notary public, because the notary’s signature and seal can be verified by DFAT. A justice of the peace’s signature is not normally apostilled or authenticated by DFAT, so a JP-witnessed document may be rejected and need to be signed again.
Notarial services at Chua Tan Associates are provided by our notary public, Kin Wee Chua. Our Melbourne office is at Level 2, 262 Queen Street. To arrange an appointment, please call +61 3 9602 3988 or email chuatan@tpg.com.au. This article provides general information only; requirements are set by the receiving country and may change, so please confirm them with the recipient of your documents.
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