Portugal's Apostille Convention membership, and who issues it
Portugal signed the 1961 Hague Apostille Convention on 20 August 1965, ratified it on 6 December
1968, and the Convention entered into force for Portugal on 4 February 1969, making Portugal one of the
Convention's earliest members. Uniquely among many of the countries this platform covers, Portugal's
apostilles are not issued by a Ministry of Foreign Affairs -- instead, the designated competent
authority is the Procuradoria-Geral da Republica (the Public Prosecution Service, also called the
Ministerio Publico), under Decree-Law No. 86/2009. That authority delegates apostille issuance to
District Deputy Prosecutors General in mainland Portugal's judicial districts of Porto, Coimbra, and
Evora, alongside prosecutors in the autonomous regions of Madeira and the Azores, with physical
apostille points in Lisbon, Porto, Coimbra, Evora, Funchal, and Ponta Delgada.
The apostille process, step by step
- Sign the Power of Attorney before a notary in Portugal, who notarizes the
document and confirms the signatory's identity.
- Apply for the apostille at a Ministerio Publico apostille point -- fee
approximately EUR 10.20 (sometimes waivable), typically issued the same day. An online request
portal (apostila.ministeriopublico.pt) also exists, though this platform could not confirm whether
Portugal has fully adopted the Hague Conference's electronic apostille program (e-APP) / electronic
register, so anyone relying on a fully electronic apostille for a time-sensitive Indian transaction
should confirm current acceptance with the receiving Indian authority first.
- Send the apostilled original to India.
Registration in India after apostille, and common practicalities
The apostille alone does not complete the process on the Indian side. Under Section 17 of the
Registration Act, 1908, the Power of Attorney itself still needs to be adjudicated for stamp duty and
registered in India before the transaction it authorizes can be completed. This is the same requirement
that applies to an apostilled POA from any other Hague-member country.
Common mistakes people connected to Portugal make with this process:
- Assuming the online apostila.ministeriopublico.pt portal fully replaces the need to confirm
acceptance with the receiving Indian Sub-Registrar, when this platform could not confirm full e-APP
electronic-register status for Portugal.
- Assuming a document merely notarized in Portugal is valid in India without the separate
apostille step from the Ministerio Publico.
- Using a General Power of Attorney when a Specific Power of Attorney would have been the safer,
more easily evaluated choice.
