How Does China’s Acceptance Of Apostille Benefit Expats?

For years, foreign companies and individuals have struggled with the arduous task of getting documents authenticated for dealings in China. But, as of now, that process has been revolutionized as the Apostille Convention has taken effect in China.

What exactly does the Apostille Convention do? In essence, it simplifies the authentication process for public documents to be used abroad, replacing a lengthy legalization process with just one formal step—an Apostille certification from a Competent Authority.

But when does this apply? It applies when the country issuing the document and the country using the document are both party to the convention, the document is deemed ‘public’ by the issuing state, and the receiving state requires an Apostille for recognition as a foreign public document.

What documents are considered ‘public’? They include court documents, administrative documents, notarial acts, and official certificates on private documents, such as registrations and authentications of signatures.

Previously, for a foreign client or company to initiate a lawsuit in China, they faced the arduous and costly task of notarization and legalization. This process required taking crucial documents such as a power of attorney, passport or business license, civil complaint, and other evidentiary paperwork to a notary public for notarization. Subsequently, they had to obtain legalization of these documents from the Chinese embassy. However, the procedure has been streamlined significantly; now, these documents require only a single Apostille certification to be recognized in China.

With China’s accession to this convention, authenticating documents for China will no longer be a complex chore. This eradicates the need for consular legalization for commercial documents, which means setting up a subsidiary in Mainland China or exporting to China just got a lot easier.