If you are going to use the articles of organization of an llc you formed in the USA in another country, Apostille is required for the document to be valid in the country you will use it. In cases where your Apostille approved company formation document is not deemed sufficient by some institutions, extra approval may be requested by the consulate or embassy in your country.
As a term, it is called Apostille in our country and Apostille globally.
What is Apostille?
Apostille is a method of certifying a document for use in another country in accordance with the 1961 Hague Convention.
Apostille can actually be compared to a notary certification between contracting countries. the Apostille Convention , a document issued in one of the member countries is also valid in other countries. Since the USA and Türkiye are the signatory members of this agreement, a document certified (Apostille) in the USA remains valid in Turkey.
To summarize Apostille more roughly, we can say that it is the international version of having a “notarized” document so that you can use it in other countries.
For LLCs, you may hear terms such as Certificate of Authentication or Gold Seal Service. All of these are actually terms that refer to Apostille.
Is Apostille Required?
Apostille is not required or required under normal circumstances. When you form an LLC company in the USA, your company formation document (called "Articles of Organization" for LLCs) is already valid within the country. However, in some cases regarding your LLC company outside the country, your Articles of Organization document may be required to be Apstilled when conducting transactions in a country other than the USA.
Where is Apostille Usually Used?
If you need to open a business bank account for your LLC company outside the USA, that is, in your country, or if a local company or government agency will require proof of the formation of your LLC, LLC formation documents may need to be certified with an “Apostille”. It may also be called an “Authentication Certificate”. Apostille can only be obtained if your country is a member of the Hague Apostille Convention (the list is available here ).
Having an llc document approved by Apostille does not mean that you can open an account in all banks in your country. Some banks may refuse you to open an account despite having an Apostille. Generally, if you choose a bank that is located in both the state where your U.S. company is incorporated and your home country (a global bank that operates in both locations), you are more likely to open an account with your locally Apostilled incorporation certificate.
Other Details About Apostille
Your LLC Articles of Organization certified by apostille or gold seal has the right to be recognized in the country of intended use and no additional attestation or legalization by an embassy or consulate is required. It is important to note that some countries may require a certified copy of the LLC Articles of Organization with an appropriate gold seal rather than an apostilled copy. Company formation documents certified with Apostille or Gold Seal are universally accepted.
Finally, it should be noted that the Apostille-approved company formation document, which is generally used to open a bank account in other countries, may not be deemed sufficient by some banks and additional documents may be requested. In order to understand these requirements, you need to contact your local bank and find out the details.
