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. Unlike most other countries this platform covers, Portugal's designated
competent authority is not a Ministry of Foreign Affairs -- it is the Procuradoria-Geral da Republica
(the Public Prosecution Service, also called the Ministerio Publico), under Decree-Law No. 86/2009,
which delegates issuance to District Deputy Prosecutors General in Porto, Coimbra, and Evora, plus
prosecutors in Madeira and the Azores, with physical apostille points in Lisbon, Porto, Coimbra, Evora,
Funchal, and Ponta Delgada.
The apostille process, step by step
- Sign before a notary in Portugal, who notarizes the POA and confirms the
signatory's identity.
- Apply for the apostille at a Ministerio Publico apostille point -- fee
approximately EUR 10.20 (sometimes waivable), typically same-day. An online portal
(apostila.ministeriopublico.pt) also exists, though this platform could not confirm Portugal's full
adoption status under the Hague Conference's electronic apostille program (e-APP).
- Send the apostilled original to India.
Registration in India after apostille
The apostille alone does not complete the process on the Indian side. Under Section 17 of the
Registration Act, 1908, the POA itself still needs to be adjudicated for stamp duty and registered in
India before the transaction it authorizes can be completed.
Common mistakes people connected to Portugal make with this process:
- Assuming the online apostille portal fully replaces confirming acceptance with the receiving
Indian Sub-Registrar, given the unconfirmed e-APP status.
- Assuming a document merely notarized in Portugal is valid in India without the separate
apostille step from the Ministerio Publico.
- Using a General POA when a Specific POA would have been the safer, more easily evaluated
choice.
Is an apostille sufficient for a Power of Attorney from Portugal, or do I also need Indian Embassy attestation?
An apostille from the Procuradoria-Geral da Republica (Ministerio Publico) is generally sufficient,
since Portugal has been a Hague Apostille Convention member since 4 February 1969.
Which authority issues the apostille for a Power of Attorney in Portugal?
The Procuradoria-Geral da Republica (Public Prosecution Service / Ministerio Publico) -- unlike most
countries, not a Ministry of Foreign Affairs.
Does the POA still need to be registered in India after being apostilled?
Yes. The apostille makes the document usable in India; separately, under Section 17 of the
Registration Act, 1908, the POA itself still needs to be adjudicated for stamp duty and registered in
India before the transaction it authorizes can be completed.