Strike up the band! Cue the fanfare! Sing, choirs of angels! We have fantastic news from China regarding the legalization process. Unless you are already familiar, document legalization in China and the many requirements are cumbersome to say the least. We’re talking major business interruptions, a long list of steps and various levels of authority to authenticate each document. Catching any errors along the way can be like looking for a needle in a haystack. Like Sisyphus, rolling the rock up the hill, after preparing so many documents, you may have to start over again if you don’t meet each department’s requirements. Plus court deadlines in China are super tight compared to other jurisdictions, so there’s just no time to waste!
Well, on November 7, 2023 – you may have heard the hallelujah chorus from Handel’s Messiah in the air. At least, it was music to our ears: China fully implemented the Convention of Abolishing the Requirement of Legalization for Foreign Public Documents.
Not a very musical title, but the meaning sparks joy: when an outside-China party is involved in litigation or other legal proceedings in China, embassy/consultation legalization for documents will no longer be necessary for businesses in other member countries of the convention. In other words, China has joined the Hague Convention!
We still are waiting for the official public announcement or guidelines, but ultimately, we can expect the Beijing IP Court to accept Hague Apostille in the future. For anyone considering legal proceedings China, this news cuts the cost, and wait time, dramatically.
We have also identified the Beijing IP Court will be newly focusing on the following points concerning litigation documents:
- Whether the document originates from a member state of the convention (the list, in English, can be found here)
- The new policy doesn’t apply to the countries that have raised objections to China’s accession to the Convention.
Note: India has objected to China’s accession to the Convention, and therefore, the Convention does not apply to official documents between China and India.
- The document type must be “public documents”.Such “public documents” typically required for a legal proceeding in China include:
1) Notarized Power of Attorney;
2) Notarized Certificate of Identity of Legal Representative;
3) Certificate of Good Standing/Business Register, notarized by public notary or issued by a local court or administrative organization;
4) Proof of the signatory’s power to sign documents on behalf of the company, notarized by public notary or issued by a local court or administrative organ (especially required for cases filed with the Beijing IP Court).
- Whether it is accompanied by the Apostille Certificate as required under the Convention.
That is to say, for such foreign documents generated in another member state of the convention, you only need to go through the following:
1) Having the documents notarized unless it is issued by judicial or administrative authorities in your country;
2) Applying for Hague Apostille Certificate with the competent authority in your country.
As you can see, simplifying the process immensely is yet another change recently made in China to facilitate and speed up processes with the international community. As long as the good news keep coming, we will keep on celebrating!
