Certificate of Incumbency

Certificate of Incumbency is an internal business record. In it, the managing body of the Corporation or Limited Liability Company authorized a single officer to act on behalf of the entity and to perform certain actions. 

It is typical for the Incumbency Certificate to be issued based on resolutions, adopted and ratified by the board, as well as the Bylaws or Operating Agreement of the entity. 

Most common use for the the Incumbency Certificate is in relation to foreign trade, business or legal matters. This of course requires an apostille or embassy attestation for use abroad. 

HOW TO APOSTILLE INCUMBENCY CERTIFICATE? 

First and foremost, just as other business documents, the Certificate of Incumbency must be signed by the authorized officer of the business entity and have their signature properly notarized. 

Once the document is executed and notarized it is eligible for apostille. Principal apostille rules and requirements still will apply to the document. Incumbency Certificates signed and notarized in Florida cannot get apostille in Delaware or California. Likewise if your notarize is qualified in New York, the apostille will be from New York and cannot be done in Texas, Massachusetts or Colorado.  

BUSINESS IS REGISTERED IN OREGON, BUT THE SIGNING MEMBERS ARE IN NEVADA, HOW TO GET APOSTILLE?

It is irrelevant where the business is registered, only item that matters is the location of the person signing the document. In modern economy, managing members may be spread not only across the the United States, but across the world. Apostille is to be obtain in the state of notarial act.

WHAT IF ALL MEMBERS ARE NOT IN THE US?

There are many ways to have the apostille done without either of the members, shareholders or directors traveling to the United States. For detailed assistance we recommend contacting DOXNOW directly, as each case and apostille requirements will be different.