ATTESTATION OF FOREIGN DOCUMENTS
The Tõestamisseadus (Attestation Act) came into force on February 1, 2002, with the exception of two provisions addressing documents issued abroad and powers of attorney which have been attested by officials abroad. They were already in force as of December 14, 2001.
The latter issue, being the use of power of attorney which have been signed abroad, has previously been very problematic. Such powers of attorney were rejected by the Land and Commercial Registers, due to a decision rendered by the Supreme Court of Estonia in November 2000. In that decision, the court held that a power of attorney that had been signed, certified and legalized in Finland was insufficient for use in Estonia.
Section 57 of the new Attestation Act addressed that problem. It specifically provides for recognition of certain foreign officials whose attestation of powers of attorney is recognized as being the equivalent to attestation by an Estonian notary - provided that the power of attorney is stamped with an apostille or legalized after the attestation.
A regulation of the Ministry of Justice, which was passed on the basis of the Attestation Act, states that notaries froma total of 45 countries, mostly European and South American, are recognized as being equivalent to Estonian notaries, for the purpos of attesting to powers of attorney (i.e. to attest to the identity and capacity of the donor. Reasons of space do not permit bringing the list here in full.
Also recognized are attestations by notaries public in Louisiana, notaries in Quebec, scrivener notaries in London and notaries in Puerto Rico.
Further, duly authorized officials in a total of 20 jurisdictions, will be recognized as equivalent to Estonian notaries for attesting power of attorney. Among them are the following English-speaking countries - USA (with the exception of certain non-continental holdings), Australia, Ireland, Canada, South Africa, Great Britain and Northern Ireland (with some exceptions) and New Zealand.
It is important to note, after the power of attorney has been notarized, it will still have to be stamped with an apostille or legalized (depending on the country of origin).
Generally, this legislation has made it simpler to use foreign-issued powers of attorney in Estonia.
INTERNATIONAL AGREEMENTS
Estonia has concluded, inter alia, a considerable number of international agreements. Again the list is lengthy. Most notable are free trade agreements which Estonia has in force with the European Union, European Free Trade Association (EFTA), Latvia, Lithuania, Ukraine, Czech Republic, Slovakia, Slovenia, Bulgaria Turkey, Poland and Hungary and the Faroe Islands.
Among other international agreements Estonia has Investment Promotion and Protection Agreements and Double Taxation Avoidance Treaties with most European countries and the USA. Canada has signed the latter but not the former.
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The contents of this series are for general information only. They are not relied upon as legal advice. Further, the laws and regulatons of estonia are subject to constant change, which may not be reflected herein. Accordingly, this information is offered as a courtesy and there is no guarantee of accuracy of content.
Please contact our offices (as noted above, under the title) for legal advice in respect of the current laws of Estonia, as they may apply to individual circumstances.
www.hedman-attorneys.com
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Estonian Business Law: A Comprehensive Summary (18)
Archived Articles | 12 Nov 2002 | EL (Estonian Life)EWR
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