01/07/2014
To have a legal concern abroad is a big trouble. It’s a great inconvenience – it takes a lot of your time, effort and more especially money. Having this concern is very stressful and expensive.
As China becomes a great economic power in the world, together with it is also a lot of international concern especially relation to commercial business. China becomes the number one importer and exporter... in world. Huge numbers of businessmen are dealing with Chinese companies in China. However, along with this great economic success are legal concerns. Legal concerns are avoidable in business.
If you’re a businessman with legal concerns in China, you’re first main concern is how to engage a lawyer from China. You have many questions whether you need to come to China to look for a suitable lawyer and process the legal concern yourself. Actually, you can really do it. You can come to China, engage a Chinese lawyer and proceed with the legal actions. But, you don’t have to do it – you don’t need to come to China as this procedure is very expensive and time consuming. Here’s what you need to do. You need to engage a Chinese lawyer to bring an action to your concern and represent you to the Chinese People’ Court on your behalf. What you need is just to provide a Power of Attorney to the Chinese lawyer together with the important evidences. However, if your legal concern occurred in Hong Kong or Macau; you can’t engage a lawyer from the mainland China due to legal system differences and jurisdictions.
Upon engaging the Chinese lawyer, the Power of Attorney and the important evidences should be notarized. The notarization of the Power of Attorney legalizes and proves the willingness of the client to engage the Chinese lawyer. It also gives the Chinese lawyer the full power to represent the client to the People’s Court of China. Originally, after the notarization of the Power of Attorney and the important documents; the client needs to refer them to the Chinese Embassy of his respective country for authentication. However, this legal procedure is simplified by the international law in which authentication of the important materials and documents are no longer needed to speed up the legal process. There are over 30 countries signed to this treaty.
So if you’re a businessman with a legal concern in China, you don’t need to think further. The notarization of the Power of Attorney and important materials needed is much more convenient and cheaper than coming to China yourself. You don’t have to spend much time, effort and money in the notarization procedure.
In preparation of the documents especially evidences, there’s only one thing to remember – the documents coming from China (e.g. documents provided by Chinese business partner, bank receipts, Invoices, contracts made in China etc…) are the ones need to be notarized and/or authenticated. No need to notarize and/or authenticate the documents from your respective country.
To engage a Chinese lawyer is not that difficult after all. You just need the notarized Power of Attorney and important documents, courage and trust to your Chinese lawyer then you can relax and wait for your positive results.
