Public Registry’s Verification Practice
The LEPL National Agency of the Public Registry (Public Registry) has adopted a practice of subjecting documents issued and apostilled abroad to an additional verification procedure. When applicants submit such documents, the Public Registry may send them to the Ministry of Foreign Affairs of Georgia (MOFA) or the relevant embassies/consulates. The authorities then review the documents to confirm their authenticity before the registration process continues.
Reasoning Behind the Procedure
According to the Public Registry, this step is a response to increasing cases of falsified paperwork originating from abroad. The aim is to strengthen document reliability and prevent fraudulent registrations.
Legal Basis and Timeline
The legislature has not introduced formal amendments to specifically authorize this practice. Instead, the Public Registry relies on a general statutory provision that allows it to request additional information when necessary for processing an application. The Public Registry generally estimates the review period at 15 days, which can affect how predictable registration timelines are.
Concerns and Implications
While addressing fraud is a valid objective, the procedure raises concerns:
- Registration Delays: Applicants may face longer and less foreseeable processing times.
- Capacity Issues: Uncertainty persists over whether MOFA and embassies/consulates can efficiently verify apostilled documents.
- International Obligations: The practice may raise questions under the HCCH 1961 Apostille Convention, which is based on mutual trust and recognition of apostilles.
Looking Ahead
Balancing fraud prevention with efficiency and legal certainty is crucial. The Public Registry’s response to feedback and the steps it chooses to take will shape the long-term effectiveness of this practice.
For tailored guidance on document verification procedures and navigating the Public Registry’s requirements, contact Andersen’s legal experts. Our team can help ensure your foreign documents are recognized efficiently and securely in Georgia.