The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.
Stone King’s International & Cross-Border Team is able to provide certified translations of legal documents from English into French and French into English. The types of documents which we translate include:
- Wills
- powers of attorney
- grants of probates
- contracts
- property surveys
- birth, death, marriage and divorce certificates
Types of Translation
There are different types of official translations depending on your specific needs. An “official translation” is generally defined as a translation that has been stamped by an authority. Official requirements vary from country to country, depending on that country’s particular legal system. Each country will also have its own system for appointing and regularly official translators.
In the UK, qualified members of professional bodies such as the Chartered Institute of Linguists (CIOL) or of the Institute of Translation and Interpreting (ITI) as well as the Association of Translation Companies (ATC) are authorised to provide certified translations that are recognised by the British authorities.
In order to have their translations recognised in the UK, translators from another language into English must state on their translation, the following:
- that it’s a ‘true and accurate translation of the original document’
- the date of the translation
- the full name and contact details of the translator or a representative of the translation company
There are also different levels of official translations in the UK, as follows:
A certified translation is one which fulfils the requirements in the country in question, enabling the translation to be used in formal procedures such as passport, visa applications as well as legal proceedings like marriages and divorces. These translations are typically required for legal documents accepted by government agencies and courts in the UK. Certified translations act as official documents which are deemed acceptable to authorities with the same official and legal authority as the originals.
Each page of the translation must be stamped and/or initialled by the translator and/or certifying translation company, to prevent any tampering or misuse.
The translator or translation company accepts responsibility for its accuracy by adding a document referred to as a “Translation Certificate”, “Certificate of Accuracy”, “Statement of Truth” or as an “Affidavit”, stating that the translation is a ‘true, complete and accurate translation of the original document” that has been carried out by a qualified and experienced translator.
Introduced in 1961 at the Hague Conference on Private International Law, an Apostille is a form of certification that takes the form of a special stamp placed on the original document itself. The Apostille verifies the authenticity of the signature on the official document and ensures that the document is recognised in all States that signed the Hague Convention of 1961; it does not endorse the content of the document itself.
Translations cannot be sealed with an Apostille stamp unless they carry a declaration endorsed by a Notary Public. Generally speaking, the original document (which may not be a UK document) will bear the Apostille. In the UK, the competent authority for issuing Apostilles is the Foreign, Commonwealth and Development Office (FCDO). The FCDO can legalise documents originating in the UK, and translations of documents originating in the UK where the translation has been produced in the UK.
Once the document has been legalised by the FCDO, the document can then be used abroad without further need to question its authenticity.
Foreign documents should be legalised in the country they originate from, or that country’s embassy, if legalisation is required for the original documents.
A notarised translation (also known as a “Notarisation of a translation) is more formal than a certified translation. Notarised translations are often required for legal documents regarding financial matters, such as contracts, deeds, and powers of attorney, when they are to be used in foreign countries or for official purposes for providing accountability in terms of the translator’s details. The notarisation makes a document legally binding, which means that it can submitted to government agencies, courts and other authorities.
Once the translation has been completed, the translator or the translation company representative signs the translation and takes an oath before a Notary Public acknowledging the accuracy and completeness of the translation. The Notary Public then affixes their official seal and signature to the translation, certifying that the translator’s or representative of the translation company’s signature is genuine.
It is worth noting that neither a Notary Public nor a solicitor will be certifying the translation itself, as they are unable to attest that the translation is “true to the original” (unless they are themselves a qualified, accredited translator in the language of the translation). They can only certify that the translator’s or the translation company representative’s signature is genuine.
A recognised translation is a translation that is accepted and acknowledged as accurate and valid by a particular organisation, institution or authority. The specific requirements for a recognised translation may vary depending on the organisation or authority requesting it, and it may involve certification by a professional translator or translation company. For example, a recognised translation may be required for academic transcripts and diplomas when applying to universities or for legal documents when submitting them to courts or government agencies.
NB: as no government-regulated certification system exists in the UK, individual authorities may require certified documents to be presented in a specific format. It is always advisable to obtain clear instructions regarding certification and the use of stamps or seals from the organisation requesting the translation.
A sworn translation is a type of official translation that is recognised in certain countries and legal systems. Sworn translations are often required for official purposes, such as immigration or legal proceedings, in countries where this type of translation is recognised.
A sworn translator is a professional translator who is authorised by a certain government or a court to translate and certify the accuracy of official documents intended to be in a Court of Law or for official purposes, such as birth certificates, marriage certificates and legal contracts. The translator adds a sworn statement or affidavit (a statement in which it is testified that the attached translation is a “true and accurate translation of the original document”), this being sometimes sworn in front of a qualified solicitor, attesting to its accuracy and completeness. The sworn statement is typically signed and stamped, and the translation becomes a legal document with the same value and authenticity as the original.
In the UK, as a Common Law country, there is no such thing as a “sworn translator”.
However, in Civil Law countries such as France, Spain, Germany and Italy, sworn translators (usually with a degree or other equivalent qualification in translation) are appointed and accredited by the relevant government authorities according to their own system of sworn and approved translators.
Depending on the country, only sworn translators who are listed on the official list of sworn translators may produce a “certified”, “sworn” or “official” translation.
In France, for an official translation to be recognised as valid, it must have been carried out by an approved translator who is a legal expert registered on a special list by each court of appeal. A list of approved translators may be consulted on the Cour de cassation website.
Overseas, a list of translators approved by the local authorities may be available on the French Consulate's website. The translator's signature must be certified by the French Consulate which will legalise the signature of the approved translator by means of a “Certification matérielle de signature” (CMS), meaning a “material certification of signature”; therefore, in the case of a sworn translator, legalisation only concerns their signature, not the translation itself into the foreign language.
Stone King’s International & Cross-Border Team has its own expert French/English translator. Karine Chevalier-Watts is a bilingual paralegal who is also a qualified Chartered Linguist in Translation. She is a full member of the Chartered Institute of Linguists as well as an Associate Member of the Association of Translation Companies. She is listed as an approved translator of the French Consulate in London and as such, her certified translations are recognised by the French authorities and France overseas territories as well as in other French speaking nations such as Belgium.
Karine provides us with in-house translations of legal documents from English into French and vice versa, using her own accreditations to certify her translations for the British and French authorities.
She can also arrange the provision of official translations in other languages such as Spanish, Portuguese, Italian, German etc if required.
Our team of legal experts can also give you advice on what type of translations you may require depending on your individual circumstances and integrate this as part of our international services.