1. How can an overseas corporate/individual client have the power of attorney to be duly notarized abroad in order to qualify for its proper use and legal acceptance by the Chinese court ?
1.1 When an overseas corporate/individual client decides to make a lawsuit or make defenses with the Chinese court, it/he may authorize a Chinese lawyer or any other person inside or outside China to represent it/him to appear at the Chinese court, under such circumstance, a power of attorney has to be issued by it/him. According to the Chinese civil procedural law and judicial interpretations, the power of attorney has to be duly notarized for its proper use at the Chinese court, and in practice it normally requires the following steps to be taken:
1.1 When an overseas corporate/individual client decides to make a lawsuit or make defenses with the Chinese court, it/he may authorize a Chinese lawyer or any other person inside or outside China to represent it/him to appear at the Chinese court, under such circumstance, a power of attorney has to be issued by it/him. According to the Chinese civil procedural law and judicial interpretations, the power of attorney has to be duly notarized for its proper use at the Chinese court, and in practice it normally requires the following steps to be taken:
1.1.1 the power of attorney (1)has to be notarized by the notary public in your home country, to be followed by (2) the notarized power of attorney to be submitted to your home ministry of foreign affairs for endorsement, and additionally (3) the notarized power of attorney with endorsement has to be further submitted to the Chinese embassy or consulates in your home county for reconfirmation. When the three steps are completed, the said power of attorney is qualified for its valid use with the Chinese court. Please note that the power of attorney is preferably be attached with its Chinese translations, even though not absolutely necessary. This is true of or applicable to all the other overseas-made written evidences or proofs to be submitted to the Chinese court, or else, they may not validly be questioned and argued at the Chinese court, no speaking of being accepted by the court as valid evidences in your favor.
1.1.2 In some countries, however, (1)the local public notary admitted by the Chinese embassy or consulates in your home country may simply notarize the power of attorney; and then (2)the notarized power of attorney will directly be submitted to and be examined and accepted by the Chinese embassy or consulates for reconfirmations, therefore, you may not need submitting the notarized power of attorney to your home ministry of foreign affairs for endorsement
1.2 Normally, it may require 2 to 4 weeks to complete the 3-step or 2-step process before the qualified power of attorney and other documents are available.
1.3 Fees could be varied from country to country.
1.4 The overseas client is well suggested consulting or should consult in advance the Chinese embassy or consulates in your home country for double-check enquires before you seriously start the 3-step or 2-step "long march", for you have to keep in mind that the Chinese court only examines for qualifications in form the chops or seals made by the Chinese embassy or consulates on your power of attorney, evidences and other documents before they are validly questioned and argued at the courts, but how could the Chinese embassy or consulates in your home country make the chops or seals thereupon, they have to examine the power of attorney and other documents to be duly notarized by their admitted local public notary or to be duly endorsed via ministry of foreign affairs of your home country which may also require the local notary public to notarize the power of attorney and other documents at first. Therefore, the overseas notary work is subject to the Chinese embassy or consulates in your home country to great extents.
2. How can a Hong Kong corporate/individual client have the power of attorney to be duly notarized in Hong Kong in order to qualify for its proper use and legal acceptance by the Chinese court ?
2.1 Step one: to find any one of the 300-strong China Appointed Attesting Officers who are all Hong Kong senior solicitors and a few barristers but have passed relevant examinations by the PRC Ministry of Justice, to notarize the power of attorney for the Chinese litigation.
This is true of or applicable to all the other Hongkong-made written evidences or proofs to be submitted to the Chinese court, or else they may not validly be questioned and argued at the Chinese court, no speaking of being accepted by the court as valid evidences in your favor.
2.2 Step two: the notarized power of attorney shall further be submitted to the China Legal Service (Hong Kong) Limited(RM B, 32/F, United Centre, 95 Queensway, Hong Kong) for reconfirmation. The client, however, does not need going personally to the legal company, for China Legal Service (Hong Kong) Limited receives the notarized documents directly from the China Appointed Attesting Officers or their staff.
2.3 Normally, it requires 3-5 working days to complete the 2-step process before the qualified power of attorney and other documents are available.
2.4 Fees could be varied from case by case, in general, the corporate documents are charged by the China Appointed Attesting Officer for approximately HK$6,000 around, while the documents issued by individual persons are charged for HK$4,000 around, subject to the document volumes and the China Appointed Attesting Officer.
2.5 The 300-strong China Appointed Attesting Officers are located on Hong Kong Island, Kowloon and New Territory. For enquiries, please call China Legal Service (Hong Kong) Limited at (852)2827 9700.
3. Can Jason Zhang do coordination work for the Hong Kong corporate/individual documents to be notarized for the Chinese litigation ?
3.1 Being just a Hong Kong based Chinese lawyer instead of the China Appointed Attesting Officer, I am not qualified to do any of such notarization work.
3.2 I can, however, help coordinate the notarization work, by helping find a China Appointed Attesting Officer, picking up and delivering the said documents from/to the client, and additionally arranging for competitively-priced translations of the to-be-notarized documents like power of attorney and other English/foreign language legal evidences.
3.3 Fees are reasonable on good faith, subject to the individual project.
3.4 My email address: jason.zhang@chinalegal.com.hk
1.2 Normally, it may require 2 to 4 weeks to complete the 3-step or 2-step process before the qualified power of attorney and other documents are available.
1.3 Fees could be varied from country to country.
1.4 The overseas client is well suggested consulting or should consult in advance the Chinese embassy or consulates in your home country for double-check enquires before you seriously start the 3-step or 2-step "long march", for you have to keep in mind that the Chinese court only examines for qualifications in form the chops or seals made by the Chinese embassy or consulates on your power of attorney, evidences and other documents before they are validly questioned and argued at the courts, but how could the Chinese embassy or consulates in your home country make the chops or seals thereupon, they have to examine the power of attorney and other documents to be duly notarized by their admitted local public notary or to be duly endorsed via ministry of foreign affairs of your home country which may also require the local notary public to notarize the power of attorney and other documents at first. Therefore, the overseas notary work is subject to the Chinese embassy or consulates in your home country to great extents.
2. How can a Hong Kong corporate/individual client have the power of attorney to be duly notarized in Hong Kong in order to qualify for its proper use and legal acceptance by the Chinese court ?
2.1 Step one: to find any one of the 300-strong China Appointed Attesting Officers who are all Hong Kong senior solicitors and a few barristers but have passed relevant examinations by the PRC Ministry of Justice, to notarize the power of attorney for the Chinese litigation.
This is true of or applicable to all the other Hongkong-made written evidences or proofs to be submitted to the Chinese court, or else they may not validly be questioned and argued at the Chinese court, no speaking of being accepted by the court as valid evidences in your favor.
2.2 Step two: the notarized power of attorney shall further be submitted to the China Legal Service (Hong Kong) Limited(RM B, 32/F, United Centre, 95 Queensway, Hong Kong) for reconfirmation. The client, however, does not need going personally to the legal company, for China Legal Service (Hong Kong) Limited receives the notarized documents directly from the China Appointed Attesting Officers or their staff.
2.3 Normally, it requires 3-5 working days to complete the 2-step process before the qualified power of attorney and other documents are available.
2.4 Fees could be varied from case by case, in general, the corporate documents are charged by the China Appointed Attesting Officer for approximately HK$6,000 around, while the documents issued by individual persons are charged for HK$4,000 around, subject to the document volumes and the China Appointed Attesting Officer.
2.5 The 300-strong China Appointed Attesting Officers are located on Hong Kong Island, Kowloon and New Territory. For enquiries, please call China Legal Service (Hong Kong) Limited at (852)2827 9700.
3. Can Jason Zhang do coordination work for the Hong Kong corporate/individual documents to be notarized for the Chinese litigation ?
3.1 Being just a Hong Kong based Chinese lawyer instead of the China Appointed Attesting Officer, I am not qualified to do any of such notarization work.
3.2 I can, however, help coordinate the notarization work, by helping find a China Appointed Attesting Officer, picking up and delivering the said documents from/to the client, and additionally arranging for competitively-priced translations of the to-be-notarized documents like power of attorney and other English/foreign language legal evidences.
3.3 Fees are reasonable on good faith, subject to the individual project.
3.4 My email address: jason.zhang@chinalegal.com.hk
Note: the article is for reference only, not applicable to any particular case.
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