Legalization is a multi-step process with different steps, depending on the type of document and where it was issued. The first two or three steps are always done locally; usually notarized and certified by a federal or state government agency (for example, the Department of Foreign Affairs). Documents are generally classified as “public” or “private”. Public documents are issued by foreign governments, while private documents are usually created by individuals with the help of a notary. Note: The Ministry`s legalization fee (marked with *) is different for foreign applicants of different nationalities on a reciprocal basis. Bureaucracy and administration can always be very overwhelming. This is especially the case in countries where you do not speak, read or write the language. A proper classification of this type of material will help facilitate the administrative process. For my part, I use a very simple trick – I put a post-it with the translation of each document on the first page.
Original document from the relevant government agency. (iii) All of the above fees must be paid in cash when submitting applications. Pickup forms and invoices will be given to applicants after payment. Applicants should keep both documents carefully, as the forms are proof of document collection, and invoices are essential for the reimbursement of overpayment and add to the gap due to frequent changes in embassy fees. In general, the following documents are required for legalization: birth, death, marriage, absence of criminal record, kinship, academic qualification, professional qualification, declaration, mandate document, power of attorney, contract, statutes, certificate of inspection and quarantine of animals or plants, certificate of origin, invoice and other notarial certificates, certifications or notes for civil or commercial purposes, etc. These documents are issued by China`s notarial offices, entry and exit inspection and quarantine offices, and the China Council for the Promotion of International Trade (CCPIT). (1) Time and fees for the legalization of documents by the “Reliable” department Electronic signatures have the same legal value as a handwritten signature or seal. To be reliable, an electronic signature must meet the following four conditions: documents issued abroad and intended for use in mainland China must first be notarized and legalized by the competent authorities of that country, and then legalized by the Chinese embassies or consulates in that country. Specific requirements and information for the legalization of documents can be found on the website of the Chinese embassy or consulate. If our law firm handles your case, we will most likely arrange for the legalization of all relevant documents on your behalf. If you want to perform the procedure yourself, you should read the “Authentications” section on the website of the Chinese embassy or consulate responsible for your location. Alternatively, there are specialized agents who can help you, usually for a relatively modest service fee.
We hope you have learned from our experience. It is by no means a substitute for legal advice, but it can help you get organized and start your business administration in China. (2) Time and fee for the legalization of documents by the department and foreign embassies (transfer served by the department) This registration is given to the company to prove that the company is legally registered. This is issued after approval of the company`s registration and is necessary to obtain the Holy Grail of certifications: the Commercial License. China also allows “certificate-based electronic signatures,” also known as digital signatures. Although the term “certificate-based electronic signatures” is not defined in the SLA, it generally refers to electronic signatures certified by third-party digital certificate services to determine whether the electronic signature complies with applicable legal requirements. These third-party providers that provide digital certification services must be pre-approved by regulators in China. (2) For documents to be published by the Ministry and foreign embassies in Beijing, certain PDOs or other authorized bodies may assist applicants in transferring the above documents to the Department*. 1. When applying for legalization of documents for commercial purposes, the original of the notarial deed (or CCPIT certificates or commercial invoices), an original letter of power of attorney issued by the company concerned, a copy of the valid passport of the authorized person and other documents required by the relevant embassy are presented. The company authorizes its own staff to submit the legalization application.
The administration in China is still very much on paper. All China-based companies are required to obtain, retain and share a number of certifications, licenses and stamps. They are mainly necessary in relations with national institutions such as the Social Security Office, the Tax Administration and banks. Knowing their specific goals and when they are needed is always difficult. In this article, I refer to the documents needed for a WFOE (Fully Foreign Owned Enterprise) service/consulting, although there are different types of organizations that you can set up depending on the needs and goals of your business. The only sure way to know that a document has been properly authenticated for use in China is to confirm that a “China Authentication” counter sheet (sticker) is attached.