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Submission of Foreign Official Documents to Chinese Courts Requires Notarization and Authentication-Sue a Company in China - CTD 101 Series

Thu, 18 Aug 2022
Contributors: Meng Yu 余萌
Editor: C. J. Observer

The ‘foreign official documents’ here refer to official documents formed outside the territory of China.

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. 

These foreign official documents include judgments and rulings rendered by the foreign courts, documents issued by the foreign administrative organs, commercial registration, birth, death and marriage certificates issued by the foreign public institutions, but exclude documents issued by private institutions such as foreign appraisal institutions.

If you submit these documents to the Chinese courts as evidence, the evidence should be notarized by the notary agencies of that foreign country, or go through the certification procedures stipulated in the pertinent treaties between China and that foreign country.

However, such notarization is not required if the Chinese courts can verify the authenticity of the official documents through the Internet, or if neither party disputes their authenticity.

In addition, all evidence involving identity relationships formed outside the territory of China should be notarized and authenticated.

For more information about notarization and authentication, you can read our previous post ‘Notarization & Authentication: Things You Can’t Overlook in Lawsuits in China‘.

 

 

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Photo by Mr Cup / Fabien Barral on Unsplash

 

Contributors: Meng Yu 余萌

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