How are the Litigation Materials of Foreign Parties Certified in China?
In China, litigation involving foreign-related civil and commercial disputes typically involves three main categories of litigation materials for which foreign parties may need to go through certification procedures.
The first category is identification-type materials, including the registration certificate and identity certificate of the representative of a foreign enterprise or organization, as well as the passport of a foreign natural person. The second category is litigation documents signed by foreign parties, including powers of attorney, complaints, applications and so on. The third category is objective evidentiary materials formed outside the territory of China, including documents issued by foreign administrative organs, documents issued by foreign enterprises or organizations, and so on.
In this article, the first two categories will be elaborated, while for the third category, it may be necessary to consult with your lawyer to determine on a case-by-case basis.
Identification-type materials
Identification-type materials include those for foreign natural person and for foreign enterprise & organization. In detail, as follows:
Foreign Natural Person
The main type of identification document for foreign natural persons is the passport. Foreign natural persons involved in litigation related to foreign-related civil and commercial disputes include foreign natural persons themselves, representatives of foreign enterprises or organizations, and appointed litigation agents.
The passports and other identity documents of foreign natural persons generally do not need to be notarized or certified, but the original documents need to be presented for verification. When the original passport and other identity documents are presented to the people’s court, evidence of entry (including records of entry displayed electronically, etc.) should also be provided as well.
Foreign Enterprise & Organization
The identity documents of foreign enterprises or organizations include commercial registration documents, documents certifying the representative in litigation, and so on. Commercial registration documents are generally certificates of registration, filing registration certificates, etc., and documents certifying the representative in litigation are generally resolutions of shareholders’ meetings, certificates of directors, etc.
Depending on whether the country in which the foreign enterprise or organization is located is a party to CONVENTION ABOLISHING THE REQUIREMENT OF
LEGALISATION FOR FOREIGN PUBLIC DOCUMENTS and whether or not China has made a reservation thereto, the requirements for the recognition of identity documents of foreign enterprises or organizations may vary. For details, please consult your attorney.
litigation documents signed by foreign parties
The signing-off of a foreign party includes two types: signed off by the foreign natural person party himself or herself, and signed off by the representative of a foreign enterprise or organization.
Depending on the place of signature, documents such as Power-of-attorney and Complaints (i.e.,Statement-of-Claim) signed by a foreign party require different certification procedures, as described below:
Signed in the jurisdiction of China
1. Witnessed by a people’s court judge. A foreign natural person party himself or herself, or a representative of a foreign enterprise or organization, may present his or her identification documents (passport, etc.) and proof of entry (entry records displayed electronically, etc.) and sign documents such as a power of attorney and a statement of claim in the presence of a judge of the People’s Court. After being witnessed by a People’s Court judge, there is no need for notarization, authentication or other certification procedures.
2. Notarized by a notary public in China. Documents such as power of attorney, indictment and other documents signed in China by foreign natural persons themselves, or by representatives of foreign enterprises or organizations, may be notarized through notary publics in China. After being notarized by a notary public in China, there is no need to apply for authentication or other certification procedures.
Signed outside of the jurisdiction of China
If a foreign natural person or a representative of a foreign enterprise or organization signs a power of attorney or a statement of claim outside the territory of China, depending on the situation of the country in which the said person is located, it is necessary to apply for notarization, authentication or other certification procedures (e.g., “additional certificates”, etc.), which are the same as those for the identity documents of a foreign enterprise or organization.
The manner of proof is the same as that of identity documents of foreign enterprises or organizations.
Objective evidentiary materials formed outside the territory of China
(Regarding this category, you may need be consult with an experience Chinese litigator to determine on a case-by-case basis.)
Public documents and certificates issued outside China that are involved in the litigation of foreign-related civil and commercial disputes mainly include judgments and rulings made by foreign courts, documents issued by foreign administrative organs, documents produced by foreign diplomatic or consular personnel, and documents such as commercial registrations, certificates of births and deaths, and certificates of marital status, etc., issued by foreign public institutions.
The main issuers of public documents formed outside our country’s territory are foreign legislative, judicial and administrative organs and public institutions such as commercial and marriage registration agencies, excluding foreign private appraisal organizations and private evaluation agencies.
For expert legal assistance, consult our seasoned litigator who can guide you through the litigation process and help you achieve a favorable outcome.