Notarial Services for Documents Used in Spain

Spain and the Hague Apostille Convention

Spain is a signatory to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention). This means that Hong Kong public documents intended for use in Spain can be authenticated through the apostille procedure, eliminating the need for legalisation through the Spanish consulate in Hong Kong.

Spain is a member of the European Union, and apostilled documents from Hong Kong are generally recognised by Spanish government bodies, notaries (notarios), courts, and private institutions, provided the documents comply with the specific requirements of the receiving authority.

Common Documents Required for Use in Spain

Personal and Civil Status Documents: Birth certificates, marriage certificates, divorce orders, death certificates, and police clearance certificates from Hong Kong are commonly required in Spain for residency applications (including the Non-Lucrative Visa and Golden Visa), family law matters, marriage registration in Spain, and inheritance proceedings. These documents must be apostilled before submission to Spanish authorities.

Academic and Professional Credentials: Degrees and professional qualifications from Hong Kong institutions may need to be apostilled for homologation (official recognition) by Spain's Ministry of Education and Vocational Training. This is required for recognition of professional qualifications in regulated professions in Spain.

Corporate and Commercial Documents: Certificates of incorporation, memoranda and articles of association, board resolutions, certificates of good standing, and powers of attorney are required for Spanish corporate registrations, property transactions, and banking purposes. These must be notarised by a Hong Kong notary public and apostilled before use in Spain.

Powers of Attorney: A power of attorney enabling a Spain-based representative to purchase property, manage assets, or act in legal proceedings on behalf of a Hong Kong party must be notarised and apostilled. Many non-resident property buyers in Spain use apostilled powers of attorney to enable a local representative to complete the transaction on their behalf.

Inheritance and Probate Documents: Where a Hong Kong resident has assets or beneficiaries in Spain, probate or estate documents from Hong Kong may be required by Spanish authorities. Authentication by notarisation and apostille is generally required, together with a certified Spanish translation.

Translation Requirements

Spain requires documents in languages other than Spanish to be accompanied by a certified Spanish translation. The translation must be prepared by a translator officially recognised in Spain (traductor-intérprete jurado) or, where the translation is performed outside Spain, must be certified in a manner accepted by the relevant Spanish authority. For property transactions, many Spanish notaries specifically require a sworn translation by a Spanish-recognised translator.

Chinese-language Hong Kong documents will invariably require translation into Spanish before submission to Spanish authorities. English-language documents may still require translation depending on the type of proceeding and the requirements of the specific authority involved.

Step-by-Step Authentication Process

Step 1 – Obtain the Document: Obtain the original document or certified copy from the issuing authority in Hong Kong. For private documents, prepare and execute the document in Hong Kong.

Step 2 – Notarisation: For private documents (such as powers of attorney and corporate resolutions), notarisation by a Hong Kong notary public is required. Public documents issued by Hong Kong government authorities are public documents for apostille purposes.

Step 3 – Apostille: Submit the notarised document (or public document) to the appropriate Hong Kong competent authority for the apostille certificate.

Step 4 – Certified Spanish Translation: Arrange for a certified Spanish translation of the apostilled document by a recognised translator.

Step 5 – Submission: Submit the apostilled document with translation to the relevant Spanish authority — such as the Registro Civil (for personal status documents), the Registro Mercantil (for corporate documents), a Spanish notary, or a court.

Practical Tips

Spanish property transactions often require a Spanish NIE (Foreigner Identification Number) for non-residents, which must be obtained before completion. Powers of attorney for property transactions should specifically identify the property and the transactions the attorney is authorised to complete. It is advisable to engage a Spanish abogado (lawyer) to advise on the specific document requirements for your transaction before commissioning notarial services in Hong Kong.

How Alan Wong LLP Can Help

Alan Wong LLP provides notarial services for documents intended for use in Spain. Our notaries public can notarise a wide range of personal, corporate, and property-related documents, and guide you through the apostille process. We work with certified translators and can coordinate the full authentication chain. Contact us to discuss the specific requirements for your Spain-bound documents.