Update: June 27, 2022

 

You may want to have a local attorney or a relative to represent you in a legal action when you buy real estate overseas and conclude a purchase agreement, or when you establish a corporation overseas. In such cases, the Power of Attorney (POA) or Special Power of Attorney (SPOA) for real estate transactions may require an apostille or consular certification from the embassy in Japan. In English, it is often written as “Notarization,” “Apostille,” or “Legalization”.

In such cases, what procedures should you take?

 

This article in Japanese 日本語はこちら　Power of Attorney （委任状）へのアポスティーユ認証

 

 

Documents to be submitted to a Hague Convention country?

 

If you need an apostille to the POA or SPOA or a consular certification by the Embassy of Japan, you will need to have the documents certified by a notary public, and if the country is a member of the Hague Convention, you will need to have the apostille certified by the Ministry of Foreign Affairs (MOFA).

• Hague Convention member countries → After certification by a notary public, the apostille needs to be certified by the Ministry of Foreign Affairs (consular certification is not required).
•  Non Hague Convention member countries → After official confirmation by the Ministry of Foreign Affairs, consular certification by the embassy in Japan

List of countries that are members of the Hague Convention　→　 Members of Hague convention

 

Normally, if you want to get certified at the notary public’s office, a declaration should be attached to a private document , but in the case of a POA or SPOA, the signed power of attorney can be authenticated directly by a notary public.

By sending the apostille-certified or consular-certified POA or SPOA to the local agent, it will be recognized as an official power of attorney and the legal acts performed by the agent will be attributed to you.

 

POA to be submitted to the Philippines

 

 

The Republic of the Philippines became a signatory to the Hague Convention in May 2019. Prior to that time, the power of attorney required consular certification by the Philippine Embassy in Tokyo or the Philippine Consulate in Osaka, but in general, certification by the Consular Section of the Philippine Embassy in Japan is no longer required as a result of joining of the Hague Convention. The procedure is the same as in the Hague Convention countries explained above.

 

We, Amie Immigration Law office, can also translate your Japanese power of attorney into English. Please contact us if you need an Apostille on your POA/SPOA.

 

Profile

Ami Ito

Born in Tokyo, Japan

Spent high school years in England and graduated from a high school in London

Studied cross-cultural communication at Sophia University, Department of English, Faculty of Foreign Languages.

After graduation, worked in the overseas division of SEIKO Watch Corporation for 11 years.

TOEIC score 970, United Nations English Proficiency Test Level A

Officially registered with the Financial Services Agency’s “List of Foreign-Language Professionals (Gyoseishoshi Lawyers) in Chiba Prefecture.

 

Having lived abroad, I learned how difficult it is to live and work in a different culture. To help foreigners who want to live and work in Japan and companies who want to hire foreigners, I became an immigration lawyer.

I like talking to people and listening to them. I will carefully listen to the client’s situation and propose the best way to deal with the situation by utilizing my knowledge of the law. I also try to communicate with clients carefully so that they do not feel uneasy.