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Notarization & Authentication: Things You Can’t Overlook in Lawsuits in China-CTD 101 Series

Thu, 02 Jun 2022
Contributors: Meng Yu 余萌
Editor: C. J. Observer

When most people plan to sue in China, they think of court costs and attorney fees, but often ignore notarization and authentication costs.

This post was first published in CJO GLOBAL, which is committed to providing consulting services in China-related cross-border trade risk management and debt collection.We will explain how debt collection works in China below.

If some documents submitted to China’s court are made outside the territory of China, you shall go through the procedures of notarization and authentication.

These documents need to be notarized in your country, and then authenticated by the Chinese embassy or consulate in your country.

1. What are notarization and authentication?

You need to prepare some documents to file a lawsuit in China. But if these documents are formed outside the territory of China, how should you prepare these documents?

In order to confirm the authenticity of these materials, Chinese laws require that the content and the formation process of the materials be notarized by a local foreign notary (the step of “notarization”), and then be authenticated by the Chinese embassy or consulates in that country (the step of “authentication”).

2. Which documents shall be notarized and authenticated?

If you are a foreign company, these documents usually include:

  • Business license of your company, to indicate who you are;
  • Bylaws or resolution of the board of directors of your company, to indicate who is your company’s legal representative or authorized representative in this lawsuit;
  • Certified documents, to indicate what is the name and position of your company’s legal representative or the authorized representative;
  • Passport or other identity documents of your company’s legal representative or the authorized representative;
  • Power of attorney, to mandate a Chinese lawyer and signed by your company’s legal representative or the authorized representative;

You need to get these documents notarized and authenticated, to prove the authenticity of these materials as described above.

3. How much does it cost for notarization and authentication?

The time and cost you will spend on notarization and authentication depend on the notary and the Chinese embassy or consulate where you are located. We suggest you consult your local lawyer or notary.

The rate of this charge is up to your local notary and the Chinese embassy or consulate. Usually, it costs you hundreds to thousands of dollars.

* * *

Do you need support in cross-border trade and debt collection?

CJO Global's team can provide you with China-related cross-border trade risk management and debt collection services, including: 
(1) Trade Dispute Resolution
(2) Debt Collection
(3) Judgments and Awards Collection
(4) Anti-Counterfeiting & IP Protection
(5) Company Verification and Due Diligence
(6) Trade Contract Drafting and Review

If you need our services, or if you wish to share your story, you can contact our Client Manager Susan Li (susan.li@yuanddu.com).

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If you want to know more about CJO Global services, please click here.

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Photo by Jerry Wang on Unsplash

Contributors: Meng Yu 余萌

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