Sec. 7.1. General statement

From time to time, documents executed in foreign countries must be submitted to the department. Such documents include applications by a foreign banking corporation for a license to open a branch or agency in New York, appointment of New York branch manager as well as certifications as to paid-in-capital stock, surplus fund and undivided profit. Such requirements are found, for example, in article V of the New York State Banking Law and Supervisory Procedure CB 104.

On October 15, 1981, the United States became a party to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents. The convention simplified the procedure for having a foreign document legalized. Each country which is a party to the convention designates the authority or authorities who may certify public documents. A certification, also known as an apostille, is affixed to the document by the competent local authority of the foreign country where the document originated. The form of the apostille is set forth in section 7.2 of this supervisory policy in the same form as set forth in the convention. Further legalization of documents will not be required for submission to the New York State Department of Financial Services in the case of documents originating in countires which are parties to the convention.